Posted on September 30, 2021 in Child Custody

Studies on children with divorced parents can paint a dismal picture. Children of divorces often experience high levels of stress and tend not to do as well in many ways, including academics, criminal behavior, and the likelihood of substance abuse.

However, there are ways parents can mitigate the impact of divorce on their children. Certain risk factors can impact children more than others, and these risks can be avoided with maturity and commitment from the parents. Unfortunately, this can be very difficult when parents are engaged in a high-conflict divorce. Here are some ways you can protect your child during divorce to ensure their well-being in the future.

Avoid Fighting in Front of Your Children

Spouses who are getting divorced often have years of pent-up hostility and grudges, but the divorce is not the time to air these grievances. Children experience parental conflict as frightening and confusing and often feel pressured to take sides or defend one parent to another.

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 Posted on September 27, 2021 in Divorce

If you are getting divorced, you probably have many questions. How long will it take? How much will it cost? Will my relationship with my children be changed forever? While getting divorced is never easy or pleasant, planning wisely and thinking ahead will allow you to avoid many common mistakes that can prolong a divorce, make it more expensive, and increase hostilities between parents that can negatively impact their relationship with their children.

In this blog, we will look at some of the common mistakes people make in their Illinois divorce. Remember that a qualified, experienced divorce attorney is the best person to help you create a customized plan for your divorce so it will go as smoothly and quickly as possible.

Expecting Adversarial Litigation

Although many people think of divorce as taking place in a courtroom where spouses fight it out in front of a judge, modern divorces rarely take this route. Illinois strongly encourages (and can even mandate) mediation for couples so they can work through their differences together and create a mutually acceptable divorce agreement.

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 Posted on September 24, 2021 in Property Division

The marital home is often the most valuable asset a couple shares. Often, a couple lives there with their children for many years. It is in the marital home that a family experiences some of their most important moments together.

But in a divorce, a couple’s assets must be divided and this includes the home. If you are considering a divorce, you may be wondering what happens to the home and whether one spouse will get to keep it. In this article, we will answer some of the common questions about what happens to the marital home in a divorce. Keep in mind that an experienced divorce attorney is the best source for answers to your questions.

If I Move Out, Do I Lose Access to My House Forever?

Ownership of the house is not permanently decided until a divorce is final. Even though one spouse will likely want to move out in order to avoid conflict during divorce proceedings, moving out will not affect a spouse’s right to their portion of the home’s value.

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 Posted on September 21, 2021 in Divorce

Nobody ever thinks their spouse will cheat on them, and yet it happens to people every day. When such a life-changing event takes place, the spouse who has been cheated on may consider divorce and wonder whether infidelity changes the divorce process in Illinois. After all, it may feel as though someone who knowingly does something that is almost sure to end a relationship should face some kind of consequence.

But regardless of whether somebody cheated, Illinois is a pure no-fault divorce state. This means fault or responsibility is never assigned to either spouse at the end of the marriage. A couple getting divorced because of cheating can only list "irreconcilable differences" as the reason for divorce, and the proceedings will not be affected. However, there are certain behaviors commonly associated with infidelity that can impact the outcome of a divorce.

New Partners Who Present a Threat

Generally, cheating on a spouse does not affect how allocation of parental responsibilities or parenting time are handled in a divorce case. But if a parent has a new partner who presents a real threat to their children, the court may curtail the time that parent gets to spend with their children. For example, if the adulterous parent’s new partner has a known history of domestic violence or is a sex offender, and there is any chance the partner could be around the children, a court could limit the time that parent can spend with their children or prohibit the new partner’s presence during parenting time.

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 Posted on September 15, 2021 in Divorce

For some spouses who decide to get divorced, the final decision is often the hardest part - once that has been made, the divorce process is often amicable and flows fairly smoothly. Spouses who wish each other well may pursue an uncontested divorce in which they agree on all or most issues, believing that is the easiest, most fair, and least expensive of their options.

Although an uncontested divorce is a great idea for some people, it is still a legal process and has potential pitfalls. If not done correctly, an uncontested divorce can become a drawn-out process that has major impacts on a divorcee’s life down the road. Even if you anticipate agreeing with your spouse on everything, a skilled Illinois divorce attorney is the best person to help you through any type of divorce.

What are the Benefits of an Uncontested Divorce?

An uncontested divorce can benefit spouses who can get along and compromise on important issues like parenting time, child support, spousal support, and asset division. It can also be a great choice for spouses who have been married for a short time and who share no children or significant assets.

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 Posted on September 03, 2021 in Divorce

Divorce is emotionally draining for everyone involved, but for children it can be especially difficult. Parents frequently disagree about how to share parental responsibilities and parenting time, and these conflicts often play out in front of children.

Divorcing parents who struggle to compromise on issues such as where their child will live, where the child will spend holidays, and who has the right to make major decisions regarding the child’s upbringing may find themselves in divorce court litigating their disagreements in a trial. Unfortunately, when this happens, the child’s best interests may be compromised in light of the parent's conflict and the child may be more involved in the divorce proceedings than the parents had hoped.

What Happens When Parents Cannot Resolve Custody Issues in Divorce?

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 Posted on August 30, 2021 in Divorce

Going through a divorce in Illinois is not easy and can take a long time to complete. If you are in the final stages of the divorce process, you may want to breathe a sigh of relief. You soon will not have to attend meetings with your lawyer or court dates. However, there are still several things you may have to complete to move on with your life.

What You Should Do After Your Divorce is Finalized

The major obstacles are over in your divorce, but you still may have some finishing touches to take care of. Here are a few steps to take after your divorce is finalized.

• Change your name. Many women go back to their maiden name after getting divorced. If this is what you want to do, you must update your driver’s license, social security card, insurance policies, and other documents that include your full name.

• Look into health coverage. If you relied on your spouse for health insurance during your marriage, it is a good idea to look into different policies soon. You will no longer be eligible for coverage under your spouse’s plan. Even if you are healthy right now, you never know if you will develop a sudden illness or get into an accident. You want to have adequate health coverage in case anything happens.

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 Posted on August 27, 2021 in Spousal Support

If you want to get a divorce and your spouse earns a significantly higher salary than you, you may be able to receive alimony. Also known as spousal support, alimony is intended to help financially support a spouse until he or she has gained the necessary education or training to obtain a higher-paying job. In the majority of cases, alimony is temporary. However, permanent alimony is sometimes awarded.

Ending Spousal Support Payments in Illinois

In Illinois, the duration of alimony is usually based on the length of the marriage. The longer the marriage, the longer a spouse may recieve maintenance payments. If the couple was married 20 years or longer, the recipient may be permanently entitled to maintenance. However, there are certain circumstances in which spousal maintenance terminates:

• Cohabitation - If you move in with a romantic partner, your ex-spouse will no longer be obligated to pay you alimony. Living with someone as a platonic roommate is not sufficient enough to stop support payments. The paying spouse will have to contact the court and request a maintenance termination on the basis of cohabitation.

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 Posted on August 24, 2021 in Divorce

A divorce does not always get settled easily. There are various factors that can complicate a divorce, such as a family business. If you and your spouse own a business together and plan to get divorced, it is important to understand how it could potentially impact proceedings.

Negotiating a Settlement With Your Spouse

Ideally, divorcing couples will come to a fair agreement on dividing their business. Once you and your spouse have determined the value of your business, try to negotiate a settlement. It is less costly and stressful than letting the process drag out in litigation. For instance, you may decide to buy out the other party or continue to run the business with your spouse after the divorce. Another option is to sell the business and divide the profits with each other. A divorce lawyer with experience handling business assets in a divorce can represent you during property division negotiations and ensure that your rights are protected.

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 Posted on August 18, 2021 in Child Support

Child support is designed to help pay for housing, food, education, and other necessities for children. In Illinois, how much a parent pays for child support is primarily based on the parents’ net incomes. Child support payments are calculated in such a way that parents should be able to afford their monthly payments. However, sometimes parents fall behind on their child support payments for one reason or another. If you can longer afford your child support payments, you might wonder how you should handle the situation.

Consequences for Not Paying Child Support in Illinois

Parents who willfully fail to pay child support can face legal problems in Illinois. Here are several consequences a judge may impose on them:

• Wage garnishment- If a parent is behind on child support payments, the other parent can contact the Illinois Department of Healthcare and Family Services Division of Child Support Services (DCSS) and ask them to call their employer and have the payments deducted from their paychecks.

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