Posted on November 24, 2021 in Child Custody

Parenting after a divorce is challenging. Fortunately, there are many things parents in Illinois can do to make the transition to life after marriage easier. The most important piece of parenting cooperatively after divorce is creating a great parenting plan that places the child’s best interests first and respects the needs and wishes of both parents.

Strategies like mediation can help parents navigate their differences while resolving issues like parenting time and allocation of parental responsibilities. When spouses and their attorneys work together, they can create a parenting plan that both parents are more likely to appreciate and follow. If you are getting divorced and want an amicable and effective parenting plan, here are some tips to get you started.

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 Posted on November 22, 2021 in Divorce

The first batch of major holidays during or after your divorce can be tough. Children are still adjusting to all of the changes - a new home, perhaps a new school, less time with both parents, shifting schedules - and between helping the children and trying to manage your own emotions about the divorce, you likely have a lot on your plate.

Relationship experts say that feeling a heightened sense of sadness around the holidays is normal following divorce. If you are about to experience the holidays as a single adult for the first time in many years, here are some suggestions from psychological professionals to help you adjust and heal during this challenging period.

Allow Yourself to Grieve

Trying to convince yourself that everything is okay and that the holidays are not a difficult time may make you feel even worse. Surround yourself with supportive friends and family and give yourself the freedom to feel what you feel. Try to keep a positive perspective. This may be very difficult, but it will not last forever.

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 Posted on November 16, 2021 in Finances & Divorce

Although getting divorced is never an easy experience, the divorce process can seem impossibly complex for individuals who deal with reckless or wasteful spending by their spouses. In addition to the often shocking breach of trust caused by dissipative behaviors, the stress of trying to recover dissipated assets is a tremendous burden - to say nothing of the financial burden imposed by such spending.

Although proving a charge of dissipation can be challenging, it is not impossible. In this blog post, we will give an overview of what dissipation of assets is and how it can be proven. A qualified Illinois divorce attorney can help you file a dissipation claim during your divorce.

What is Dissipation of Assets?

Before you can prove that dissipation occurred, it is important to know exactly what dissipation is. Dissipation of assets, as defined by Illinois law, is the use of marital property (which is generally any assets acquired after the marriage began, including cash and real estate) for a purpose unrelated to the marriage for the sole benefit of one spouse. The wasteful spending must have occurred when the marriage was experiencing an irretrievable break down, Determining what constitutes an irretrievable breakdown can be tricky.

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 Posted on November 11, 2021 in Child Custody

Illinois formerly considered any court-sanctioned time spent with a child as "visitation," even if it was time with the child’s parents. Now, the time that parents spend with their children is called "parenting time," and the term "visitation" is only used when a non-parent obtains a court order allowing them to spend time with a child.

Generally, parents have total discretion when deciding who gets to visit their children and spend time with them. However, after parents get divorced, grandparents who previously played a large role in a child’s life may find themselves suddenly shut out. When this happens, it is possible to petition the court for the right to visit that child, but only when certain circumstances are met.

Who Can Petition For a Right to Visit a Child in Illinois?

Grandparents are not the only non-parental figures who can petition for the right to visit the child. Great-grandparents, step-parents, and siblings can also request the right to spend time with a child. Any person who is requesting visitation must prove the following:

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 Posted on October 29, 2021 in Domestic Violence

Staying in a marriage where physical or emotional violence is present eventually becomes unsustainable, and domestic violence is the primary cause for many divorces in Illinois. Because Illinois only allows “irreconcilable differences” as grounds for divorce, rather than allocating fault to one spouse or the other, domestic violence cannot be grounds for divorce.

However, that does not mean that the presence of domestic violence does not affect a divorce’s proceedings or its outcome. If you are experiencing domestic violence and are considering leaving your marriage, it is important to work with an Illinois divorce attorney who can help.

Gathering Evidence

It is important to collect any information that proves domestic violence happened or continues to happen. This can be difficult and scary, and it is important to keep evidence safe where an abuser cannot find or destroy it. Police reports, text messages, videos, and voicemails may all be potential proof of domestic violence. An attorney can help you with evidence of domestic violence in your divorce case.

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 Posted on October 27, 2021 in Divorce

Although divorce trials make for great courtroom dramas, the truth is that very few divorces in Illinois go to trial. This is due to a concerted effort on the part of Illinois courts and judges who recognize that spouses and especially children are not benefited by the time, conflict, and expense involved in trial litigation. Many couples are ordered to exhaust other options, including pursuing mediation or collaborative divorce, for resolving their differences before a divorce case can move forward to a trial.

However, it is not always possible for couples to agree. Furthermore, issues such as domestic violence can make conflict-resolution strategies impractical or even dangerous. In cases such as these, the allocation of parental responsibilities, parenting time, property division, and spousal maintenance may be resolved by a judge.

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 Posted on October 22, 2021 in Divorce

Collaborative divorce and mediation are two alternative dispute resolution strategies that help divorcing couples work through all the issues that must be resolved in a divorce. Marital asset division, spousal maintenance, allocation of parental responsibilities, parenting time, and more can all be handled in a way that allows couples to stay focused on finding solutions.

When both spouses are invested in obtaining a successful outcome, mediation and collaborative divorce can make divorce faster, less expensive, and more peaceful. Although they have similarities, these two strategies are not the same. Understanding the difference can help you choose an approach that is right for you.

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 Posted on October 20, 2021 in Divorce

Recognizing the harmful effects of hostile divorce litigation on families and children, Illinois courts and judges now encourage divorcing couples to use alternative dispute resolution techniques whenever possible. Mediation is one such technique, and thousands of couples all over the state have used it to help them reach important compromises during divorce negotiations.

There are many common myths and misunderstandings about mediation, and in this blog post we will explore a few of these so Illinois residents can make educated decisions about their divorce. Keep in mind that mediation is not right for everyone and a qualified divorce attorney is the best person to answer your questions.

Mediation is Only For “Easy” Divorces

Although simple divorces may be easier to resolve, mediation is perhaps even more helpful to couples whose relationships are complex. Complex asset and debt division, spousal support, and child-related issues can all be addressed during mediation, helping couples navigate these difficult scenarios while reducing conflict and encouraging compromise.

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 Posted on October 14, 2021 in Divorce

Divorce is never easy, but it does not have to be a nightmare. With the help of your attorney, having a third-party mediator to help you and your spouse navigate potentially contentious issues of divorce can make the entire process go faster and more smoothly. Mediation is still a lot of work, but the positive outcome is usually well worth the effort. Our last blog post gave an overview of the mediation process. Here, we offer five great tips for preparing for mediation.

Be Flexible

Anticipate that unexpected problems, feelings, and requests will arise. If you approach mediation with rigid expectations about how it "should" go, you will ultimately find yourself frustrated and disappointed. Being flexible can apply to your own feelings about the situation, too - you may find that your priorities can shift during mediation, and that is okay.

Get Ready to Listen

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 Posted on October 11, 2021 in Divorce

Once a couple has decided to get a divorce, they usually hire their own attorneys to represent them throughout the process. Important issues such as parenting time, division of marital property, and child support must be negotiated and agreed upon, and your attorney will work with you to represent your interests during this process.

Although divorce can potentially be time-consuming, expensive, and combative, it does not have to be. Mediation is an effective alternative dispute resolution strategy that has helped many divorcing couples agree on complex issues without ever going to trial. Understanding the advantages of mediation can help you decide whether this strategy is right for you.

What are the Benefits of Mediation?

Mediation allows a neutral third party to work with spouses, with or without their attorneys present, to resolve issues related to divorce. Mediators are often attorneys and are always trained professionals who are adept at conflict resolution and keeping spouses focused on resolving practical matters rather than hashing out personal conflicts.

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