Posted on July 13, 2024 in Divorce

Divorce is a trying ordeal that can bring out a mean streak even in pleasant people. Sometimes, that nastiness takes the form of false accusations, where one spouse makes untrue claims about the other spouse to achieve a legal outcome. False allegations are made in up to 35 percent of all divorces involving children, according to some estimates.

This article will discuss what can happen if your spouse makes false accusations against you and what you can do about it. Allegations made during divorce are often serious and can have severe consequences, so protect yourself by contacting an Illinois divorce attorney.

What Happens If I Am Falsely Accused?

False accusations that are made during divorce are typically grave. Common examples include:

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 Posted on July 08, 2024 in Divorce

Technology has become an integral part of our lives. Many of us are inseparable from our electronic devices. Research shows that around half of Americans admit to being addicted to their phones, which the average American checks 352 times a day.

It is understandable, therefore, that spouses going through a divorce might not be very cautious about how they use technology. This can lead to negative effects on the divorce process and impact your ability to achieve a favorable outcome.

This article will explore a few ways to be careful when using technology during a divorce. However, the best way to ensure you are using technology safely during your divorce is to seek guidance from an Illinois divorce attorney.

Your Social Media Content Can Be Used Against You

Your posts on social media can be used as evidence in court. Therefore, you will want to be careful about what you post. Imagine, for example, that you are angling for more physical custody, known in Illinois as parenting time. One night, you post photos to Instagram that show you partying with a known violent felon. This can be used in court to show that you do not have a home environment that is safe for a child.

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 Posted on July 03, 2024 in Divorce

Divorce is a topic that is often misunderstood. Because there are so many laws governing the process, rumors about divorce often circulate until people accept them as facts. You may have heard things about divorce from friends or family members. You may have seen divorce presented in a certain way in films or on television. You may have been told certain things about divorce on social media.

However, divorce is not only different depending on the state; it also differs from person to person. Each couple’s circumstances determine how their divorce process will go. It is important, therefore, not to rely too much on tales from friends and family. Instead, consult an Illinois divorce attorney to avoid misunderstandings about the process.

Here are three common myths about divorce in Illinois.

Myth #1: Adultery Is Grounds for Divorce

People often think that when one spouse commits marital misconduct like adultery, it is grounds for divorce. While this may be true in some states, it is not the case in Illinois. Illinois is a no-fault divorce state, which means the law does not view divorce as being either spouse’s "fault." The only valid reason to get divorced in Illinois is that the parties have "irreconcilable differences." Therefore, there are no "grounds" for divorce in the Prairie State.

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 Posted on June 22, 2024 in Divorce

Divorce is thought of as a negative and unpleasant process. It is true that there are some amicable divorces where the parties agree on all the issues and part ways as best friends. But studies show that on average, 72 percent of the emotions that are experienced during divorce are negative. These emotions often get in the way of spouses agreeing on certain issues like child custody and property division.

Mediation is a great way to cut through the emotional noise and bring divorcing parties to a compromise. Most couples who attend mediation for their divorce end up coming to a settlement agreement, which is why judges usually order couples to attend mediation before fighting their issues out in court.

While mediation is a popular method of alternative dispute resolution, it is not effective in every case. Consult your Illinois mediation attorney to find out if mediation is right for your divorce.

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 Posted on June 18, 2024 in Child Custody

A difficult thing for many parents to get used to after divorce is having to obtain consent from each other for certain actions regarding their children. This includes taking a child out of state. If a parent wants to take the child to Disney World in Florida, for example, he or she needs to get the consent of the other parent. If that consent is not given, the parent who wants to take the child away can try to get a court order approving the travel.

The procedure becomes even more strict when it comes to relocating the child out of state lines, which means moving his or her place of residence outside Illinois. The consequences for failing to follow this procedure can be severe. If your ex has moved your child out of Illinois without your consent, it may be considered child abduction and you should contact an Illinois child relocation attorney right away.

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 Posted on June 16, 2024 in Paternity

Illinois law places equal importance on both the mother’s and the father’s roles in a child’s life. A father is considered just as necessary as a mother and has the same rights and responsibilities as a mother does.

However, sometimes it is unknown who a child’s father is. A man is automatically recognized by Illinois law as a child’s father if he is married to the mother within 300 days of the baby’s birth. Otherwise, the father must go through a legal process called establishing paternity, which is best done with the help of an Illinois paternity lawyer. When someone establishes paternity, he is officially telling the State of Illinois that he is the father of a child.

How Do I Establish Paternity?

There are three ways to establish your fatherhood in Illinois:

• You and the mother can both sign a Voluntary Acknowledgement of Paternity (VAP). This is a form you can find online or at a medical facility that delivers babies.

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 Posted on June 10, 2024 in Child Support

When a judge decides who should pay child support and how much, he or she issues a child support order. A child support order is a court document that contains the details of the judge’s decision, including:

• Who must pay child support

• The amount of the payments

• How often each payment must be made

It is common for parents to want to appeal a child support order, especially if their circumstances have changed. However, courts are reluctant to make any changes to a child support order, particularly within the first two years. That is why an experienced Illinois attorney should handle your appeal, which is also known as a request to modify the child support order.

This article will discuss how judges issue child support orders and when you can request a child support order modification.

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 Posted on June 07, 2024 in Divorce

When you file for divorce in Illinois, it is not only your marriage that comes under scrutiny. If your divorce is contested — meaning you and your spouse do not agree on something related to the divorce — then many details about your life will be looked at by a court. These might include the assets and property you own, your debts, a criminal record if you have one, your income, and your employment status, to name a few.

This can make the process slightly more complicated for spouses who are self-employed, which is why a self-employed spouse should consult a competent divorce attorney about what to expect throughout the legal process.

What Types of Self-Employment Are There?

If you are self-employed, it means that you work for yourself. This can take one of several forms:

• You work in the gig economy, such as a rideshare driver.
• You own a business.
• You are a freelance worker.

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 Posted on May 30, 2024 in Child Custody

Couples who file for divorce and disagree on certain issues like child custody are usually ordered by a court to attend mediation. Mediation is a form of alternative dispute resolution where many couples are able to resolve their differences outside of court.

But sometimes, mediation is not appropriate or fails to achieve the desired result. In that case, the couple proceeds to litigation, where they fight their dispute out in court. Court battles are costly and can be messy, which is why it is important to have an experienced child custody attorney representing you.

The right attorney will coach you on the do’s and don’ts of litigation. Here are three things to avoid doing in a custody trial in Illinois.

Disparaging the Other Parent

Emotions usually run highest in disagreements over children. Custody battles, therefore, often become hostile. You may be tempted to disparage the other parent in court or on social media. But doing so can reflect poorly on you. The court is looking to see which parent is most aligned with the child’s best interests. If a judge gets the sense that you are vindictive and might alienate the child from his or her other parent, that can help the case swing in the other parent’s favor.

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 Posted on May 21, 2024 in Divorce

All divorces are not equal. Some divorces happen after a long, gradual decline in the marriage so that by the time one spouse files for divorce it is no surprise. In such cases, it is not usually difficult to get the other spouse’s signature on the divorce papers. But some marriages explode suddenly, often due to an event like an affair, and a spouse files for divorce in the heat of the moment. Times like this are often when some spouses refuse to sign the papers.

Courts understand that spouses many times do not agree to get divorced, so there is a legal procedure to follow in such cases. This article will discuss that procedure and the importance of consulting an Illinois divorce attorney as soon as you decide to dissolve your marriage.

What Is the Procedure When a Spouse Refuses to Sign?

The first step in a divorce is filing a Petition for Dissolution of Marriage with the Circuit Court Clerk. Your spouse is then served with a copy of the petition and given 30 days to respond. If he or she refuses to do so, then:

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