Posted on May 09, 2019 in Divorce

Being married, even for just a few years, can leave you and your soon-to-be ex with a mess of tangled assets, which can be stressful when all you want is for the divorce to be over with. Illinois courts support the idea that divorces work best when the couple comes to agreements for issues on their own, although that is not always possible. Illinois judges will first make you and your spouse attend mediation sessions to try to work out the details of your divorce, but you will end up in court if it does not go as planned. The process of dividing your property can become lengthy, especially since you have to address almost everything you and your spouse own together or separately – even the not-so-common assets. 

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 Posted on April 25, 2019 in Divorce

For many people, getting a divorce is the most difficult thing they have ever had to do or experience in their lives. Getting a divorce uproots your entire life after you have gotten used to it for years or even decades. Divorces not only spell emotional turmoil, but they can also wreak havoc on your finances if you are not careful. Many people often underestimate the effect a divorce will have on their finances or simply make poor decisions because they are under pressure. One way to avoid making these mistakes and to set yourself up for success after your divorce is by preparing before you even begin the divorce process.

Know What You Are Working With

Before you do anything, your first task is to take inventory of everything that you own. You should take stock of all assets and have all pertinent documents on hand, including:

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 Posted on April 18, 2019 in Divorce

Most of the public perception of divorce is just what people have seen in movies and television or what they have heard from family and friends. While Hollywood does a good job of making intriguing entertainment, it can be partially to blame for some of the misinformation that has been spread about divorce. Divorce myths and misinformation can not only confuse you, but they can also be detrimental if you base your divorce decisions off of them. If you are considering filing for a divorce, you should be thoroughly informed of what you are getting yourself into before you do. Here are a few common divorce myths and the truths behind them:

1. Proving that your spouse committed adultery will help your case.

This might have been true 50 years ago, but most divorce courts no longer give any weight toward claims of adultery. In fact, most divorce courts do not care what the specific reason for divorce is. In Illinois, the only type of divorce that is recognized anymore is a “no-fault” divorce. Instead of choosing a reason for getting the divorce, you now only have to prove that there were irreconcilable differences that resulted in the inevitable breakdown of the marriage. The Illinois Marriage and Dissolution of Marriage Act also specifically states that decisions will be made “without regard to marital misconduct.”

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 Posted on April 11, 2019 in Child Custody

Finalizing your divorce is often a weight off of your shoulders. After months and maybe even years of arguing back and forth, negotiating and finally settling on certain terms, you can take a deep breath, gather yourself and move on with your life. With the finalization of your divorce comes the finalization of the parenting arrangements for your child, and though things may seem like they have been decided, there will always be the possibility of change.

One major change that you may have to deal with after a divorce is whether your ex-spouse moves or not. Your spouse does not necessarily have to inform you of the move but is required by law to inform you if he or she intends to move with your child. When this happens, it is referred to as relocation, and you can either consent to the relocation or fight it.

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 Posted on April 03, 2019 in Divorce

For many people, pets are like family members. Some people even think of their pets as if they were their children. If you are a pet owner, one issue that may arise during your divorce is who gets to keep the pet(s). Pets can be a big point of contention during a divorce, making for tense situations and heated arguments. Just a few years ago, the state of Illinois treated pets in a divorce like any other piece of marital property. During the allocation of the couple’s property, the pet was awarded to one of the spouses. In 2018, Illinois made a change to the Marriage and Dissolution of Marriage Act to allow judges to determine which spouse would be the best caretaker for the animal.

Changing Attitudes

Before the amendment to the Act was passed, pets were treated as property. Most of the time, the spouse who paid for the animal or who had a better financial situation between the two spouses was the one who was awarded the pet. Because of this, pets sometimes lost the person who cared about them the most and some spouses were left with animals they did not actually want.

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 Posted on March 28, 2019 in Divorce

For many people, a divorce is a new start to their lives. The finalization of a divorce is a cause for celebration, especially considering how long and difficult the divorce process can be. Though you may want to forget that your former spouse exists after your divorce is over with, you may never truly be 100 percent separate from him or her, especially if you have children together. Many divorces will end with certain child support, spousal maintenance and parental responsibility orders being given, but that does not mean they are permanent. In some cases, you may need to revisit these issues and come to a new agreement. If this happens, you will have to petition for an order modification.

Factors Considered for Maintenance Modification

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 Posted on March 20, 2019 in Divorce

Getting spousal support is not guaranteed in any Illinois divorce. Before a judge decides to award spousal maintenance to either spouse in a divorce, you must prove that there is a reasonable need for you to be awarded support. Getting a divorce can sometimes leave one spouse in a worse financial situation than the other spouse, and the income of each spouse is often used as one of the main driving forces behind the decision to award spousal maintenance. Spousal support is used as a way to help a financially dependent spouse eventually become financially independent, which is why not all divorce cases require spousal maintenance. 

Factors for Consideration

Illinois law states that there are certain factors that judges must consider in order to award spousal maintenance to one spouse. These factors include:

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 Posted on March 13, 2019 in Divorce

If you are going through the divorce process, you know that it can all begin to feel like a full-time job some days. That feeling can be exacerbated if your spouse is especially combative, your children begin to feel the effects of the divorce or you worry about how things will turn out. Even though your divorce can be extremely stressful, the important thing to remember is that it will all be over at some point and you and your children will be happier and thriving. Getting through the divorce is the hard part, so here are a few tips for helping you to cope with the stress of your divorce:

1. Allow Yourself to Feel What You Are Feeling: As much as you would like to be a superhero, you still have to deal with your feelings and emotions. During a divorce, you may feel a plethora of emotions – anger, disgust, hate, contempt, sadness and even depression. The important thing to remember is that all of these emotions are completely normal and allowing yourself to feel them is the first step towards moving on.
   

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 Posted on March 07, 2019 in Child Custody

Divorces can be tough on everyone in the family. For children, a divorce can be especially stressful. Many parents worry about their children when they decide to get a divorce, but children are unique. They may not initially react well to the change, but children are adaptable and will get used to their new living situation quickly. One of the best things you can do to help your child transition easily is making sure there is a sound parenting plan in place before you finalize your divorce.

What is a Parenting Plan?

In Illinois, all couples who have children and are filing for divorce must create a parenting plan before the divorce can be finalized. A parenting plan is a written agreement that outlines most things pertaining to the children of the marriage, including allocated parenting time and significant decision-making responsibilities.

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 Posted on February 26, 2019 in Family Law

Prenuptial agreements used to be a taboo subject. In the past, it was often believed that if you got a prenup, you were expecting to get divorced. However, in this day and age, many Americans are waiting longer to get married, which means that they are entering marriage with more property and debt than those in past generations. Because of this, prenuptial agreements have become more and more common. 

A prenuptial agreement can help set guidelines for how you will go about your divorce if your marriage ever ends, and it can protect the assets you bring into the marriage and prevent you from being responsible for debts your partner may have. If you are wondering whether or not a prenuptial agreement is right for you, here are a few situations in which you may want to consider a prenup:

1. You or Your Partner Were Married Before

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