Posted on October 23, 2020 in Divorce

Anyone who has ever been through a divorce can tell you that even under ideal circumstances where both spouses agree on your divorce issues, the process of separation is still rather difficult. Although it is not impossible for you and your spouse to agree on every single one of your divorce issues, it is highly unlikely that this will happen. It can be likely, though, that you only disagree on one or a couple of issues, which can make your divorce go much more smoothly. Another issue that can greatly decrease the difficulty of your divorce is being properly prepared before you begin the process. There are so many facets to the divorce process, which is why it is important that you hire an Illinois divorce lawyer who can help you with as much of the prior preparation as possible.

Top Tips for Beginning a New Chapter

A divorce can be overwhelming for many reasons, so that is why it is critical that you take your time and seek out the advice of a legal professional. If you are thinking about getting a divorce, here are five helpful tips to keep in mind before you initiate the proceedings to dissolve your marriage:

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 Posted on October 21, 2020 in Child Custody

Most of the time, the biggest worry that couples have when they are getting a divorce is how it will affect their children. For the most part, children are fairly resilient and will eventually bounce back from the stress and transition of the divorce. Children with special needs may not be as resilient, however, and may need special considerations of their own. Before you are able to finalize your divorce, you are required to file a parenting plan with the court that outlines your parenting time schedule and how you have allocated your significant decision-making responsibilities. If you and your spouse are the parents of a child with special needs, there are certain things that you should keep in mind to ensure your child gets what he or she needs.

Things to Keep in Mind for Your Parenting Plan

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 Posted on October 16, 2020 in Divorce

When a marriage breaks down, it is rare that the two spouses still want to live in the same home together, let alone spend time in the same room with one another. However, many couples still try to reside under one roof while their divorce is underway, especially if there are children involved. However, this can become difficult if things turn sour or if you and your spouse are not on good terms when you begin the divorce. Unless you and your spouse qualify and file for a simplified dissolution and agree on all issues, you will have to negotiate the terms of your divorce. This process can be extremely stressful for couples who do not communicate well or who cannot cooperate with one another. In extreme cases, either spouse can petition to have exclusive possession of the marital home.

What Does Being Granted “Exclusive Possession” of the Marital Home Mean?

During your divorce, you and your spouse both have the right to request to have exclusive possession of your marital home, but only until the divorce is finalized and only under certain circumstances. Typically, these circumstances have to be extreme. You must be able to prove that either you or your children's’ physical or mental well-being is in jeopardy by having both you and your spouse live there. The court will then conduct a hearing to determine the best course of action. In some cases, entering into a temporary eviction from the marital residence for one of the spouses can be a solution to the issues in the household. The spouse who is temporarily evicted is not always the spouse who keeps the home, as property division is an entirely different process.

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 Posted on October 07, 2020 in Divorce

When you think of a witness being used in a legal case, you are probably like most people who picture a person who is called to the witness stand in a criminal case, or perhaps a personal injury case. Subpoenas can actually be used in a variety of court cases, including divorce cases, if they are necessary. Many times, contested divorces can make subpoenas necessary to retrieve important financial information. This can play a crucial part in ensuring both spouses receive their fair share of the marital estate.

Types of Subpoenas in Illinois Divorce Cases

In Illinois divorce cases, there are two types of subpoenas that can be used. The first type of subpoena, called a subpoena ad testificandum, is a request for a person to appear to testify. Often, this type of subpoena is issued if the person in question possesses important knowledge about the case. These types of subpoenas are rare, though not impossible in a divorce case.

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 Posted on October 02, 2020 in Divorce

It is completely normal to feel strong emotions during your divorce. After all, you are ending your relationship with the person with whom you thought you were going to spend the rest of your life. Most people are able to control the emotions that they feel during the divorce, but others are unable to handle their emotions in a healthy manner. Rather than finding healthy and appropriate ways to cope with the feelings they may be experiencing, they instead stoop to bitter and spiteful actions. When this behavior includes harassment or stalking, it puts even more stress on your plate and is actually illegal in some situations. Fortunately, there are things you can do to protect yourself and your family from this type of danger during your divorce.

What Counts as Harassment?

In the state of Illinois, harassment is defined as actions taken knowingly with no legitimate purpose that would cause a reasonable person to suffer emotional distress and that actually does cause you emotional distress. There are many different types of behavior that could qualify as acts of harassment, including:

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 Posted on September 30, 2020 in Family Law

For decades, gay and lesbian couples in the United States have been fighting a long and hard battle for marriage equality. In the late 1990s, the federal government passed the Defense of Marriage Act, which defined marriage as one man and one woman and allowed states not to recognize same-sex marriages that were legally performed in other states under their laws. In 1996, the state of Illinois made it illegal for same-sex partners to marry. However, in 2011, the Religious Freedom Protection and Civil Union Act was passed, which gave both same-sex and opposite-sex couples similar rights and protections to those of married couples.

In 2013, the United States Supreme Court ruled that defining marriage as only being between a man and a woman was unconstitutional. In 2015, the Court also ruled that allowing individual states to not recognize same-sex marriages performed in other states was unconstitutional. This effectively granted same-sex couples the constitutional right to marry and subsequently most states turned domestic partnerships and civil unions into marriages, but Illinois kept civil unions as an option for cohabitating couples. Though civil unions give couples virtually the same rights and protections as married couples, there are a few issues that fall into a legal gray area. One such issue is parental rights within a civil union.

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 Posted on September 29, 2020 in Divorce

If you are going through something as complex and stressful as a divorce, there are so many issues you must come to an agreement with your spouse to settle, such as how you will divide your property, what your parenting time schedule will look like, and whether or not you will receive spousal support. Something like your tax obligation to the government is likely not even an item that is on your list of concerns, but it is something that should be on your radar. There are certain things that you should be aware of before you go to file your taxes for the first time after your divorce.

Which Status Should You Use?

When you are married, you have the option of filing your income tax returns jointly or separately, though the vast majority of couples who can file jointly do so. The filing status that you use depends on when your divorce was finalized. If your divorce was finalized on or before December 31, then you are considered to have been unmarried for the entire year and you cannot file a joint tax return. However, if your divorce extended into the next year, you were considered to be married for the entire tax year.

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 Posted on September 22, 2020 in Property Division

In an ideal world, getting a divorce would only affect you and your spouse. However, getting a divorce impacts everyone in your family, especially your children if you have any. Throughout your divorce, you will face many issues relating to your kids that must be settled, such as parenting time, allocation of decision-making responsibilities, and even child support. What you may not realize is that your children may also influence other areas of your divorce as well, such as property division. If you are going through a divorce, an Illinois divorce lawyer can help you determine your best scenario for asset and property division.

Considering Your Kids’ Feelings When Dividing Assets and Property

When you go through a divorce, you and your spouse are required to divide all marital property equitably among yourselves before you are able to finalize the divorce. While you may think that your children have nothing to do with those decisions, they may influence those decisions more than you think. Here are a few ways your children can influence your property division decisions:

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 Posted on September 14, 2020 in Divorce

When you and your spouse make the decision that it is time for you to get a divorce, you will then have to decide how you want to go about obtaining a divorce. In most situations, both you and your spouse will each hire your own divorce attorneys to provide you with legal advice and help you negotiate a fair divorce settlement. Getting a divorce could likely be one of the most significant financial events of your life because the decisions that you make during your divorce could end up impacting your life for years to come. While your divorce lawyer can help you determine an equitable settlement, they may recommend that you hire a certified divorce financial analyst (CDFA) to ensure you understand the entire financial implications of your divorce.

What Is a CDFA?

A CDFA is a professional who helps both the divorcee and the divorcee’s attorney understand how certain financial decisions made during the divorce would affect the divorcee’s financial health in the future. A CDFA is typically someone who has a background in financial planning, accounting, or legal background, but to become a certified CDFA, he or she must undergo extensive training. A CDFA may also:

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 Posted on September 08, 2020 in Finances & Divorce

A couple can disagree about many issues during a divorce, but it is no surprise that financial matters are one of them. The decisions that you and your soon-to-be ex-spouse make during your divorce are extremely important because they are decisions that will end up affecting you for quite a long time afterward. When it comes to finances, the decisions that are made could quite possibly affect you for the rest of your life, which is why you want to be sure to protect your assets at all costs. One such way to do this is through the use of a temporary financial restraining order, which can protect your assets from being misused or wasted by your spouse.

What Is a Temporary Financial Restraining Order?

When most people hear the words "restraining order," they think of an order protecting a person from physical violence. However, a financial restraining order functions along those same lines by protecting your marital assets from being transferred, misused, borrowed against, destroyed, or spent by your spouse during your divorce. Temporary financial restraining orders are a common tool utilized by spouses going through contentious high-asset divorces, but any couple could benefit from the order.

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