Posted on May 13,2022 in Divorce

Divorce is common throughout the United States, including Illinois, and most partners who learn of their spouse’s desire to get a divorce are not surprised by the news. Yet while both parties may be unhappy in the marriage and being served divorced papers may come as no shock, women are far more likely than men to initiate the divorce process - roughly 70 percent of the time, in fact. But why is this?

Why Do Wives Initiate Divorce More Often?

For those inclined to understand human behavior through the lens of evolution, the natural differences between men and women offer explanations for why women are more likely to ask for divorce. People now have more choices (or at least the illusion of more choices) when it comes to potential partners, thanks to the widespread use of dating apps and social media. When people feel as though the world is their romantic oyster, they are more likely to become pickier about their partners - even if they are already married. This is true for men and women alike.

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 Posted on May 06,2022 in Prenuptial Agreement in Illinois

If you are a small business owner getting married in Illinois, you may be so excited and overwhelmed at the prospect of the upcoming wedding and your new life with your partner that you may be neglecting to remember another major part of your life: Your business ownership.

While it may be difficult to imagine your relationship ever going sour, the statistics on divorce speak for themselves. Many business owners have lost all or part of their business in a divorce, effectively flushing years of hard work and personal investment down the drain. While your relationship may always be happy and successful, a prenuptial agreement that protects your business from marital property division is always a good idea. In the best-case scenario, it will sit at the back of a drawer and never be seen again. In the worst-case scenario, it can make the difference between allowing your business to continue thriving and losing everything you have. Here are three ways a prenuptial agreement can help you protect your small business.

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 Posted on April 29,2022 in Spousal Support

The vast majority of couples who get divorced in Illinois want to move on with their lives and not have anything to do with each other once the divorce is finalized. However, certain situations - including spousal maintenance, or alimony, payments - can keep former spouses tied together long after the bonds of love have been severed.

Unfortunately, unscrupulous individuals sometimes try to take advantage of the system and their former spouse by hiding important details that would potentially end spousal maintenance payments. If you are paying spousal maintenance and are wondering whether you may be eligible to stop, read on.

When Can I Stop Paying Spousal Maintenance in Illinois?

There are four types of spousal maintenance in Illinois:

• Interim maintenance, which is paid during divorce proceedings
• Fixed-term spousal maintenance, which is determined in the divorce agreement for a set period of time

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 Posted on April 26,2022 in Domestic Violence

One of the hardest things for victims of domestic violence and emotional abuse to do is try to leave an abusive partner. In fact, many people are afraid that trying to leave may escalate an already dangerous situation, and research suggests this concern is well-founded. Fortunately, there are systems in place to help protect partners in abusive relationships and help them leave when they are ready. One such system is an order of protection, which is a legal order from a judge that can require an abusive partner to stay away from their victim. If you want to get an Illinois divorce and think an order of protection might help you, read on.

What is an Order of Protection and What Can it Do?

There are three kinds of orders of protection in Illinois: Emergency orders of protection, which last up to 21 days, plenary orders of protection, which last up to two years, and interim orders of protection, which are only issued when a hearing has been delayed for some reason.

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 Posted on April 23,2022 in Divorce Procedure

While litigated Illinois divorce used to be common, couples are now encouraged by divorce courts to use resources like mediation and collaborative divorce to resolve issues peaceably. Unfortunately, this is not always possible, and some couples still find themselves litigating their divorces in court even when they do not want to. In this blog, we will discuss some potential signs that you may end up litigating your divorce in a trial, as well as what the divorce trial experience looks like. Be sure to consult with an experienced divorce attorney to get customized advice for your situation.

When Does a Divorce Go to Trial?

Certain circumstances make it difficult or impossible to achieve a resolution through mediation or other cooperative methods. These situations include, but are not limited to:

• A spouse who contests the divorce and will not negotiate or settle

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 Posted on April 16,2022 in DuPage County Divorce Lawyers

High net worth divorces in Illinois have a unique set of challenges that require a unique set of skills to resolve. Not all attorneys are equipped with the experience and characteristics to manage these complex, often contentious divorces. Because ending a high net worth marriage involves significant high-asset division issues, to say nothing of disputes about child custody or spousal support, it is essential to have a great attorney who has what it takes to manage these problems well. If you are a high-net-worth individual and are considering divorce in Illinois, here are four strengths your attorney should have.

Efficiency

Working quickly and efficiently is essential for moving a divorce along as seamlessly as possible. Managing paperwork, communications, and every other element of divorce with keen organizational skills and without wasting time distinguishes average divorce attorneys from excellent ones. Your attorney should communicate clearly and in a timely fashion, without leaving you with unanswered questions about what they are doing and why.

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 Posted on April 12,2022 in Division of Assets

An important part of every Illinois divorce is the marital property division arrangement. Ideally, spouses work together to devise a plan that allows both spouses to protect their interests and priorities. However, this is easier said than done. When both spouses have sentimental attachments to objects or when one spouse has an object collection of great financial worth, dividing ownership of these objects can become quite complicated. If you are thinking about divorce in Illinois and you want to protect your collectors’ items, read on.

Are My Collectibles Marital Property?

Spouses who have spent years or even decades collecting items may feel strongly that these belongings are their personal property and should not be marital property. But years of hard work invested in growing a collection does not mean it belongs exclusively to the collector if items were purchased with marital funds, and, unfortunately, both spouses’ incomes are considered marital property. An exception to this may be if a spouse bought an item and gave it as a gift to the other spouse; in this case, proving that the item was a gift may still be difficult.

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 Posted on April 06,2022 in Children of Divorce

Most children in Illinois have a very hard time coping with their parent's divorce. Even older children, who may understand why their parents are separating and even believe it is for the best, usually struggle with anger, resentment, and fear of abandonment. For children who have autism, however, divorce can present an overwhelming emotional challenge.

Children with autism often struggle to manage major changes and may also struggle to communicate what they are feeling. Add to this the fact that autism can make it difficult to cultivate close emotional relationships, and divorce - which removes one parent from the child’s home on an ongoing basis - can prove to be a very difficult challenge for everyone involved. If you are considering divorce and have a child on the autism spectrum, here are some tips that may make the transition easier.

Explain Changes Before They Happen

Most parents with children on the autism spectrum find that their child thrives on predictability. Change, especially sudden or unexpected change, can be very difficult for autistic children to manage well. Whenever possible, preface changes by letting your child know before they happen. Some parents find visual aids helpful, including regular reminders like calendars that make custody arrangements easy to visualize and understand. Rather than making changes all at once, try to make changes gradually so your child is not overwhelmed by everything changing at the same time.

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 Posted on March 31,2022 in Divorce

The vast majority of Illinois divorces are resolved without courtroom litigation. Alternative dispute resolution methods like mediation and collaborative divorce give couples the opportunity to reach an agreement about issues like property division and parenting arrangements. However, sometimes couples are engaged in intense interpersonal conflict; other times, fundamental disagreements about facts cannot be overcome so that a settlement can be reached.

Whatever the reason, a couple may find themselves litigating their divorce in court and may need to build their case before a judge. While a judge in a divorce trial will make decisions according to Illinois law, his or her decisions can be influenced by the presentation of facts according to each spouse’s attorney as supported by statements, witnesses, and other evidence. This is when an expert witness may be helpful.

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 Posted on March 26,2022 in Order Enforcement

While many Illinois couples look forward to the finalization of their divorce as the day when their problems with their ex will end, for some couples, divorce is only the end of certain problems and the start of new ones. Although divorce decrees are enforceable court orders that both spouses must follow, not all spouses feel equally bound to abide by the law and may violate the terms of the divorce decree in ways that cause serious difficulties for the other spouse, especially when children are involved. If your former spouse is flouting your divorce decree, you may want to get help from an experienced Illinois divorce attorney.

The Reason for the Violation May Affect the Response

If your ex has stopped making child support payments because he unexpectedly found himself out of work, you may be able to talk to him and set up an arrangement that works for you both until he gets back on his feet financially. It is generally best to avoid a heavy-handed court response for minor violations that are the result of changing circumstances when other solutions may be more effective.

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