Posted on October 12, 2022 in Divorce

Effective January 1, 2016, Illinois transitioned to a no-fault divorce state. Public Act 99-90 (SB 57) amended the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/101 et seq., eradicating the at-fault divorce law when spouses could be held accountable for divorce. If a spouse commits infidelity, mental or physical abuse, or financial fraud, they will not be blamed for the marriage's demise. The benefit of a no-fault divorce state mitigates family trauma as neither spouse is culpable. Divorce is either uncontested or contested. Whether you proceed with an uncontested or contested divorce, retaining a good divorce attorney is imperative.

Ten Essential Steps to an Uncontested Divorce

Even if you are lucky enough to have an uncontested, amicable divorce, each party should still retain counsel. A lawyer can evaluate the spouses’ agreed-upon proposals and accurately draft the divorce decree. Hiring a lawyer to assist with an uncontested divorce is also crucial if the couple has children, has been married for an extended period, has a high net worth, or has high-value assets. The benefit of an uncontested divorce is that neither party has to appear in court, which renders the process cost-effective, timely, and peaceful. An uncontested divorce usually entails the following steps.

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 Posted on September 29, 2022 in Property Division

Illinois law affirms that retirement accounts classified as marital property are subject to equitable property division during divorce. A Qualified Domestic Relations Order (QDRO) is a court order that obligates the contributing party to pay the alternate payee or dependent a portion of their retirement account. A divorce attorney proficient in the complexities of complex property divisions can prepare a fair and straightforward divorce settlement that adequately addresses retirement benefits.

Qualified Domestic Relations Order (QDRO) in Divorce

Included in a divorce decree, the legally-binding QDRO specifies the division and disbursement of retirement accounts. A QDRO can incorporate assets from more than one retirement fund. Alternate payees have the option to roll over the assets into their own retirement accounts. They can elect a lump sum, but those funds are typically taxable. Alternate payees also have the option to choose future installments, allowing them to control the investments of their shares.

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 Posted on September 23, 2022 in Collaborative Law

Collaborative law is a type of Alternative Dispute Resolution (ADR) in which both parties and their lawyers agree to settle disputes outside the courtroom. With collaborative law, divorce proceedings can be amicable. Eliminating litigation can also result in a more economical and expeditious divorce that mitigates acrimony. The collaborative law model encourages parties in family legal proceedings to responsibly and respectfully resolve their disputes. The best interests of the child is always at the forefront of every collaborative law conflict. Negotiations and mutually created outcomes are prioritized. Skilled in this type of dispute resolution, a collaborative law lawyer can help facilitate a shared resolution and fair divorce agreement.

Ten Elements of Collaborative Law

Collaborative law divorce attorneys are trained to qualify for this dispute resolution discipline. Through the collaborative process, divorcing spouses may be able to negotiate an agreement regarding property division, child custody, and other divorce matters. Collaborative law includes the following elements:

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 Posted on September 22, 2022 in Child Custody

According to the Illinois Department of Child & Family Services, nearly 70 percent of child abuse is not reported to authorities. Typically, a child informs seven adults of their abuse or neglect before it is reported to the authorities. Any delay in reporting can intensify the severity of the abuse and embolden the offender to abuse more children. The Children's Advocacy Centers of Illinois (CACI) asserts each day, there are 222 reports of abuse, and one in ten children are sexually abused before reaching 18 years of age. Illinois law defines four types of child abuse: emotional, physical, sexual, and neglect.

For most, child abuse engenders reactions of visceral disgust and outrage, especially as children are the most vulnerable in society. Child abuse can be perpetrated by an ex-spouse, the ex-spouse's new partner, or even the child's step-sibling. A divorce attorney can help a concerned parent who suspects their child is suffering abuse to present their case to the court, modify the parenting plan, and petition for an order of protection.

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 Posted on September 19, 2022 in Gray Divorce

Colloquially known as gray divorce, late-in-life divorce has steadily risen since the 1990s, and the divorce rate of this demographic is projected to triple by 2030. According to the American Association of Retired Persons, 25 percent of all divorces occur later in life. A gray divorce comprises those over age 50 who divorce after decades of marriage. Divorce at any stage in life can be traumatic for all families. However, the longer a marriage, the more complicated and acrimonious a divorce can be.

Late-in-life divorces can instigate not only emotional turmoil between spouses but also among their adult children, grandchildren, in-laws, and family friends. Late-in-life divorces can entail complex asset division, and a divorce attorney skilled in this delicate field can help strategize a fair divorce agreement.

Five Common Gray Divorce Motives

Divorce, for some, may still be painful and shocking, but it is no longer stigmatized. Every divorce is different, and a myriad of incentives for divorce prevail among the older set. Sometimes a long-term spouse harbors regret for their unfulfilled goals. Other times a spouse has only sustained being in the marriage until their children had grown. With the increase in longevity, some of the following conflicts could provoke a late-in-life divorce.

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 Posted on September 13, 2022 in Prenuptial & Postnuptial Agreements

Marital agreements such as prenuptial or postnuptial agreements are analogous to insurance policies as they create peace of mind. No longer a contract exclusive to the affluent, obtaining a marital agreement is now a prevailing exercise of due diligence for couples of all socioeconomic backgrounds. Negotiating a marital agreement can sometimes be a contentious and uncomfortable transaction between a couple. With divorce nearing 40 percent, a marital agreement is a practical and beneficial step to alleviate the possibility of future disputes or hefty legal fees in the event of divorce. Even though you may not anticipate a divorce, a divorce attorney can draft a meticulous marital agreement tailored to your needs.

Five Reasons to Negotiate and Sign a Prenuptial Agreement

A prenuptial agreement is a legally binding contract intended to protect each spouse's assets and property rights in the event of divorce. If a contesting party can prove coercion, the court may deem the terms of the contract to be unenforceable. For instance, if a spouse pressured the other to sign a prenuptial agreement without their review and shortly before the wedding, that may be considered coercion. Therefore, it is wise to execute the agreement carefully and identify and detail each couple’s assets and debts with full transparency. The many reasons to attain a prenuptial agreement can include the following:

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 Posted on September 06, 2022 in Child Custody

Divorce can be difficult for any child as they are forced to acclimate to their new family circumstances. Dividing time between each parent's home can entail many challenges. Still, it can be even more traumatic when a parent wishes to uproot the child from the family hometown and away from the other parent. Parental relocation requests can cause chaos and stress, and infringe not only the disputing parent's rights but also the child's. On the other hand, relocating the child can lead to a better quality of life for the child and the parent. Sometimes the child is inclined to move with the petitioning parent for various reasons, like better education opportunities. Other times, the child would instead wish to remain with the parent who contests the move.

The best interest of the child is always the court's utmost concern when evaluating a child's welfare. A divorce attorney, proficient in parental relocation matters, can strategize and help facilitate a relocation petition or contest one.

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 Posted on August 30, 2022 in Child Custody

Whether you are an unmarried parent or currently going through a divorce, child custody matters are never easy. Parents can disagree about what is best for their children, and these disagreements sometimes escalate into full-blown child custody disputes. If you are currently involved in a child custody case, there is no way to completely eliminate conflict. However, there are some things you can do to promote cooperation and civility.

Tips for Reducing Conflict and Encouraging Cooperation in Your Custody Dispute

First, remember that your children come first. It is important to put their needs above your own and to try to make decisions that are in their best interests. Of course, this is often easier said than done. Parents sometimes get so caught up in their own emotions that they forget what is best for their children. If you find yourself in this situation, take a step back and try to remember why you are doing this in the first place.

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 Posted on August 25, 2022 in Divorce

The choice to separate from your partner can be an emotional one, and the legal steps necessary following this difficult decision can be overwhelming. While the short answer to the question of whether a lawyer is required to proceed with a divorce is no, a lawyer is not required in the state of Illinois. However, there are certain things to consider, if you and your spouse have children together, you own high-value assets, or you and your spouse are having difficulty settling on the separation agreements, a lawyer is beneficial.

How Do I File for Divorce?

Divorce proceedings differ from state to state. In Illinois, the individual seeking a divorce must file a Petition for Dissolution of Marriage. After the petitioner files the necessary paperwork, their spouse is expected to respond to the petition in order to legally divide child custody, assets, debts, and child support. Those with children will most likely need to file a few additional forms. If the spouse chooses not to respond to the initial petition, there will be a default judgment made by the judge, meaning that property and child custody will be divided without the input of the spouse.

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 Posted on August 22, 2022 in Divorce

If you are divorcing someone with a high-conflict personality, it is important to take steps to protect yourself and your finances. A high-conflict divorce can be emotionally draining. High-conflict spouses may refuse to cooperate with the divorce process, hide assets or lie about finances, and intentionally provoke you. They may use manipulative psychological tactics to try and get what they want. It is important to have a solid support system in place when you divorce someone like this. It is also essential that you work with a lawyer who understands the unique challenges of a high-conflict divorce.

Divorcing a Spouse Who Intentionally Provokes Conflict

If you are divorcing a high-conflict spouse, there are some things you can do to make the process easier on yourself. First, it is important to understand that a high-conflict divorce will be different from a typical divorce. There will be more conflict, and it will likely be more emotionally charged. It is important to have a solid support system in place before you begin the divorce process. This can include family, friends, or even a therapist.

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