Attorney Blog about Divorce, Family Law, Maintenance, Child Support, Custody, Parenting Time, Visitation, Mediation, Lawyers

By: tompmiller | June 12, 2017

Effective June 1, 2014, the Religious Freedom and Marriage Fairness Act granted same sex couples "equal access to marriage," in particular: (a) all laws of this State applicable to marriage, shall apply equally to marriage of same-sex and different-sex couples and their children, and (b) parties to a marriage and their children, regardless of whether the marriage consists of a same-sex or different-sex couple, shall have the same benefits, protections and responsibilities under law. 750 ILCS 80/10.

The term, "all laws" is obviously, all inclusive, and therefore, a same-sex couple has absolutely equal footing with a different-sex couple under Illinois law. This means that same-sex couples can marry, adopt, separate and di...

Category: Same-Sex Marriage 

Tags: same-sex marriage, same-sex divorce, same-sex immigration, same-sex visas, same-sex maintenance, same-sex alimony, same-sex premarital agreement 

By: tompmiller | April 25, 2017

When dividing an Illinois pension plan, such as SURS, TRS, SRS or MEABF, the Illinois QDRO form, or the QILDRO form, is the starting point. The language of the order, the QILDRO is prescribed by statute. Your QILDRO must have the language in the statute.

To make things easier most Plan Administrators of pension plans subject to Illinois state law have created their own QILDRO forms or templates. If an Illinois QDRO form for the particular plan exists, it should be used. Which provisions on the QILDRO form are chosen, whether amounts or percentages are used, depends on the language of the Judgment for Dissolution of Marriage.

If you are in a divorce proceeding, it is a good idea to review the relevant QILDRO template for the type of language t...

Category: Pension Plans in Divorce 

Tags: qildro, qildro form, illinois qdro form 

By: tompmiller | May 18, 2016

All. That's  the short answer, but also a nearly complete answer. If you are considering a divorce in Illinois, or a premarital agreement or a postnuptial agreement, you can mediate. You can mediate all prenuptial agreement issues. If you are married and trying to save a marriage or protect assets, you can submit all postnuptial agreement issues to mediation.

What about in the event of a dissolution of marriage? You may have heard that only custody and visitation (now termed, parental responsibilities and parenting time) can be mediated. While courts in Cook, DuPage and surrounding counties will only appoint a mediator for these issues, you can choose to mediate financial issues as well. Child support, maintenance, property (asset and debt) ...

Category: Mediation 

Tags: chicago mediation, dupage mediation, divorce mediation, child support mediation, chicago divorce mediation, chicago divorce mediator, dupage divorce mediation 

By: tompmiller | May 10, 2016

So you are lucky enough to have recognized, and have a spouse/ex-spouse or partner that has recognized, mediation as the best way to resolve your conflict. Whether your mediator is in Chicago or suburban Cook County, or DuPage or elsewhere in Illinois, you will want to come to mediation prepared.

If you are mediating financial issues in a pre-decree case (so prior to divorce being finalized), you should make a list of your income and property. The income should list all sources of income and approximately how much you earn annually. If you only have one, salaried position, this should be simple enough. Have back-up documentation, such as your last year's income tax return with forms W-2 and 1099, and a recent pay-stub with year-to-date incom...

Category: Uncategorized