Posted on April 09, 2021 in Divorce

Even though social media has not been around for a very long time, it has found a significant place in our society. For many people, social media plays a significant role in their lives, allowing them to communicate with friends and family members in ways that they may not have been able to otherwise. However, social media can also be detrimental to relationships and can cause other issues if you decide to get a divorce. A skilled divorce lawyer will be able to guide you throughout your divorce and can keep you informed about your social media use.

Your Actions on Social Media Can Affect Nearly Every Area of Your Divorce

Your social media use can have a big impact on your divorce proceedings as a whole. A plethora of issues can be affected by what you and others post on social media, including issues such as spousal support, asset division, parenting time, and child custody. For example, a spousal support and asset division order could be affected by a photo posted of extravagant purchases that a spouse made after they made claims that they did not have the funds to do so.

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 Posted on April 07, 2021 in Prenuptial & Postnuptial Agreements

When you finally get engaged to the person of your dreams, it can feel like you are living in a fairytale. The last thing you would want to think about is what would happen if you and your spouse were to call it quits, but the time during your engagement is the perfect time to do just that. Many spouses come to the conclusion that a prenuptial agreement is a good and fair option to allow both spouses to protect their assets coming into the marriage. While a prenuptial agreement will not eliminate conflict from a divorce entirely, it can greatly reduce the amount of tension and disagreement surrounding certain issues. Here are a few reasons why you should consider getting a prenuptial agreement before you get married:

1. You Can Designate How Specific Assets Will Be Handled

The main and most basic feature of a prenuptial agreement is your ability to state how you want your assets and debts to be distributed during your divorce. If you and your spouse take your divorce to court, the judge is going to follow Illinois law and use the factors outlined in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) and distribute your assets and debts in an “equitable manner.” In your prenuptial agreement, you can choose how you want to distribute your debts and assets. You can also clearly state which property is marital property and which property is nonmarital property and not subject to division.

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 Posted on April 02, 2021 in Divorce

For many people, going through a divorce is a bittersweet experience. However, going through a divorce is also an experience that requires a good deal of level-headed decision-making, which does not always go hand-in-hand with times of stress. While there are many ways to get a divorce, one of the biggest decisions you will have to make is whether or not you hire a lawyer to assist you with your divorce process. Some people are attracted to the extremely low price tag of a “do-it-yourself” or “DIY” divorce, as the only fees you pay are filing fees and court costs. However, getting a divorce is a very complex process and the decisions you make can end up affecting nearly every part of your life.

Pertinent Reasons to Work With a Divorce Attorney

Technically, you are not required to have a lawyer when you file for divorce. It is completely legal for you to fill the forms out yourselves, file them, and appear before the judge in the final prove-up just the two of you. However, doing so could result in one of the biggest mistakes of your life. Hiring an attorney when you get a divorce is a smart move in protecting your rights and ensuring the process is done correctly. Here are a few other benefits to having the support of an attorney during your divorce:

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 Posted on March 31, 2021 in Family Law

Many couples who are having marital issues often turn to divorce as a solution. However, divorce is a process that should only be used after a couple has given it plenty of thought and they feel as if they have exhausted all of their other options. In some cases, couples may not even realize that there are options other than filing for divorce right away. The state of Illinois also allows couples to file for legal separation instead of divorce if they wish. Many people are unaware of the process and benefits that a legal separation can have, especially for couples who are not yet ready to make the permanent step into divorce. It can be confusing for many couples to determine whether or not they should file for a legal separation. Here are some of the most common questions that couples have about legal separation in Illinois:

What is the Difference Between Legal Separation and Divorce?

In many ways, legal separation and divorce are very similar. Both processes require spouses to come to agreements about various issues, such as property and debt division and child custody if there are minor children from the marriage. Other important issues, such as spousal maintenance and child support are also addressed during a legal separation, just as they are during a divorce. The main difference between a legal separation and a divorce is the outcome of the process. At the end of a legal separation, you and your spouse will still be married, even if you are separated. At the end of the divorce process, you and your spouse will no longer be legally tied to one another.

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 Posted on March 26, 2021 in Property Division

One of the biggest areas of concern for couples during a divorce is the asset division process. Many people have questions about how their property will be divided upon divorce, especially as it pertains to expensive assets such as a home or a small business. Like most states, Illinois only considers the property that each spouse acquired during the marriage to be the property that is subject to division during divorce. In most cases, determining what is marital and nonmarital property is fairly cut-and-dried; however, there are situations in which nonmarital property can lose its individual identity.

Distinguishing Between Marital and Nonmarital Property

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that only marital property is subject to division during divorce. Marital property includes any assets or debts that either spouse acquired during the marriage, with a few exceptions. These exceptions include:

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 Posted on March 23, 2021 in Domestic Violence

Even under the best of circumstances, divorce is difficult and stressful. While it is true that going through a divorce with an agreeable spouse can be much less taxing, both emotionally and financially, any divorce has the potential to become a high-conflict divorce. This is especially true when domestic violence is involved in a divorce, which is, unfortunately, not all that uncommon. Exposure to domestic violence and abusive behaviors have been proven to negatively impact children and even increase the chances that the children will exhibit abusive behaviors in adulthood. Because of this, Illinois takes accusations of domestic violence very seriously, especially as the situation pertains to child-related issues such as parenting time.

Determining Parenting Time With an Abusive Spouse

Every decision a judge makes in Illinois is done after carefully considering all factors pertaining to the child’s best interest. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the judge assigned to a case will make decisions about parenting time based on the presumption that spending time with both parents is in the child’s best interest. If there is abuse or domestic violence present in the household, you need to be sure to bring that to the judge’s attention so the court can address the issue appropriately.

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 Posted on March 19, 2021 in Divorce

In many divorces, there is some level of contention or resistance between the spouses. In some cases, this can manifest in the form of simple disagreements during negotiations. In other cases, this contention stems from a combative and in some cases, potentially even narcissistic spouse. High-conflict divorces are not only stressful for the entire family, but they also turn into legal marathons that require a lot of time and can end up costing quite a bit of money. If you are contemplating divorce and you suspect your spouse may be difficult during the divorce process, there are things that you can do to try to keep your divorce as amicable as possible.

Is Your Spouse a High-Conflict Person?

Before you even begin the divorce process, you should have a good idea of whether or not your spouse is going to be agreeable during the divorce. In most cases, the spouses who act the worst during divorce already have underlying personality or mood disorders, such as narcissistic personality disorder. Classic signs and symptoms of a high-conflict personality include:

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 Posted on March 16, 2021 in Divorce

Getting a divorce can feel like you are running a marathon with hurdles and other obstacles in your way the entire time. Even those who are the most prepared going into a divorce can come out on the other side feeling drained in nearly every way -- emotionally, financially, and physically. It can come as a sigh of relief once the judge finally signs on the dotted line of your divorce decree, but that does not mean that your work is done. Now that you and your spouse are legally divorced, the work of ensuring that the terms of the divorce judgment go into effect begins.

Update Documents if Your Name Has Changed

For many people, women especially, taking their partner’s last name is a symbolic way to show the creation of their family and their commitment to their spouse. However, many people choose to change their last name back to what it was prior to the marriage after their divorce. If you have changed your name, you should be sure to update all of your important documents and request official copies of them, such as your driver’s license, credit cards, medical insurance, and more.

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 Posted on March 12, 2021 in Paternity

When you are not married and you have a child in Illinois, establishing the paternity of your child can be more complicated than it is for a couple who is married. When a couple is married at the time the child is born, the man to whom the mother is married is presumed to be the child’s legal father. When a couple is not married, there are extra steps that must be taken to establish the paternity of their child. For many people, establishing the paternity of their child is a sentimental act, but it also carries many legal benefits for everyone, including the mother and father. For instance, fathers in Illinois do not have any rights to parenting time or parental decision-making responsibilities unless their paternity has been established to their child. Paternity cases can become complicated, but an experienced Illinois paternity lawyer can guide you through the process.

Benefits of Establishing Paternity

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 Posted on March 09, 2021 in Gray Divorce

Of all of the situations that divorced couples are in when they finally call it quits, the circumstances in a gray divorce may be the most bittersweet. A gray divorce, also known as a late-life divorce, typically involves a couple who is over the age of 50. These couples have often been together for many years, if not decades, making the situation that much more difficult for everyone involved. However, divorce is sometimes the best choice that you can make later in life. The number of gray divorces in the United States has been on the rise in recent years and the gray divorce rate has actually doubled since 1990. There are many things that can complicate a gray divorce, but property division issues can cause some of the biggest problems during a divorce later in life.

Illinois Property Division

It is a general consensus these days that a divorce agreement that you and your spouse reach from working together is more favorable over a divorce decree that must be handed down by a judge. Sometimes, however, working with your spouse to reach an agreement may be impossible. If your case must be settled by a judge, he or she will be bound by Illinois law and will follow the property division rules set forth in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). This means that all of your marital property, which is any property or debt that was acquired during the marriage, is subject to division and must be divided in an equitable manner.

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