Determining parental responsibilities (previously referred to as child custody) is often the most contentious issue in an Illinois divorce. It is common practice for a court to award one parent primary residential responsibilities while requiring consultation with the other parent over major decisions affecting the child's living arrangements, health care, education, and other matters. In many cases, the court will also direct each parent not to disparage the other to the children or take any action designed to interfere with their respective parent-child relationships.

Mother Loses Custody Due to False Allegations, Refusal to Seek Therapy

This is important because the court may reconsider and alter custody arrangements if one parent actively tries to undermine the other. In extreme cases, the court may transfer sole decision-making authority from one parent to the other. A recent case from Cook County illustrates the type of circumstances where this can happen.

Thanks to social media and a host of smartphone apps, it is now possible to essentially track your every movement throughout the day. This can be a dangerous thing, especially if you are in the midst of a divorce. Information gleaned from a Twitter or Facebook account—or even location data from a partner's mobile device—can be used as evidence against you in court.

French Lawsuit Says Uber App Bug Caused Spouse to Suspect Cheating

Many people enjoy a false sense of privacy when they use a social media account or app. They assume that just because they use a password to log in, that means their data is hidden from a spouse or any other party. That is not always the case. Virtually all software contains bugs that may be exploited, and, in some cases, a person's unfamiliarity with the software may lead to the accidental disclosure of potentially damaging information.

In an Illinois divorce, the court may award long-term maintenance, or alimony, to either spouse based on a number of factors. Long-term alimony is generally appropriate when one spouse is unable to earn an independent living. Depending on the case, spousal maintenance may last for a set number of years or continue indefinitely until either party dies or the recipient remarries.

Defining Alimony for Tax Purposes

As a general rule, the Internal Revenue Service considers alimony to be a form of taxable income. This means the receiving spouse must report all maintenance payments for the year on his or her federal income tax return (usually Form 1040) as part of his or her gross income. Conversely, the spouse who pays alimony can deduct it from his or her own gross income.

Many Illinois divorces are caused—at least indirectly—by adultery. When a person discovers their spouse is cheating, they understandably hurt and angered. In some cases, the jilted party may want to seek (legal) revenge against the person who stole their spouse. But can you actually pursue legal action against your spouse's lover? Historically in Illinois, the answer was yes. Illinois long recognized two torts known as “alienation of affection” and “criminal conversation.” Also known as “heart balm torts,” these are basically civil claims for adultery brought against a third party.

Illinois Abolishes “Heart Balm” Torts

In 2015, the Illinois General Assembly rewrote the state's divorce laws. As part of these reforms, the legislature also abolished future lawsuits for alienation of affection and criminal conversation. However, parties may still pursue these claims based on acts that took place prior to January 1, 2016, the date the new divorce laws took effect.

Establishing paternity is often a prerequisite towards obtaining child support. Illinois has specific legal procedures for recognizing paternity over the objections of a reluctant father. But, what if paternity has already been determined by a court in another country?

There is a principle in law known as “comity” that covers such situations. Comity basically means an Illinois court will recognize a judgment entered by a foreign court under its own laws and applicable to its own citizens. This is not just a matter of respecting foreign courts; it also prevents parties from re-litigating matters in Illinois courts that have been already decided somewhere else.

Illinois Court Upholds Thai Paternity Judgment