Posted on October 28,2020 in Division of Assets

There are multiple decisions and negotiations that divorcing couples must grapple with. Many of these decisions are highly emotional, including the allocation of parental responsibilities, ownership of the family home, custody of the family pet, and even possession of sentimental personal items the couple has amassed during their time together. So many of these decisions revolve around the present that it can be easy to overlook the future issues, such as the division of retirement funds and pensions. For this matter especially, having a skilled divorce attorney assisting you can be critical.

There are many factors to consider when trying to determine how these funds will be divided, including tax implications and early withdrawal penalties if the transaction is not handled correctly. Knowing ahead of time the best way to manage each of these accounts can save a great deal of time, stress, and money.

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 Posted on October 23,2020 in Divorce

There is little question that a divorce can be a difficult and taxing experience. It can be especially tough when one or both spouses refuse to communicate or only communicate in ways that add to the tension of the split. When couples already had communication problems long before the separation, the potential for a breakdown in overall communication or a discussion that turns toxic may be even greater during the divorce process. 

Common Communication Issues in the Divorce Process

Psychology experts indicate there are specific behaviors that many people exhibit while interacting with their spouse during the divorce that are often responsible for unproductive—and sometimes hostile—communication. These problematic communication patterns can quickly sabotage even the simplest of discussions, making the divorce process that much harder for both parties.

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 Posted on October 21,2020 in Order Modification

Your life does not, of course, remain static. You may move, remarry, have children, or experience any other major event that will cause drastic life changes. If this happens, it may be necessary to make a modification to your divorce judgment, because what once was acceptable may now be too expensive, or it may be inequitable in terms of cost or time spent. Still, a modification may not be made simply on a whim. There are requirements that must be met in order to make such adjustments.

What Can Be Modified?

Under Illinois law, almost every part of a divorce decree can be modified if sufficient evidence is shown for the necessity. Most of the time, updates are requested due to changes in living conditions, such as the loss of a job or a relocation. Generally, however, the most common type of change requested in Illinois is the modification of spousal or child support.

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 Posted on October 16,2020 in Dating after Divorce

Divorces can drag on for many months, if not longer. If proceedings stall, it can be difficult to get through the process alone. Men and women both face the temptation to date before they are officially divorced, even though this can lead to potential problems with their ex-spouses. There are positives, such as companionship during what can be a trying time, but the social and financial negatives tend to outweigh them. In fact, many divorce attorneys will advise you to wait before beginning a new relationship.

Spouse and Child-Related Issues

Despite your best intentions, it can seem like a slap in the face to your ex-spouse if you cannot wait to date a new person until after the divorce is concluded. While in theory, it has ceased to be their business, in practice, a jealous or bitter ex-spouse can drag out proceedings, costing you significant time in court and money in attorneys’ fees. While there are limits as to what a party can do to hold up the process without facing potential sanctions, it is very possible for a divorce to drag on exclusively due to one party’s intransigence.

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 Posted on October 14,2020 in Divorce Finances

Illinois couples who are considering a separation or divorce should also begin the process of evaluating their debts. When couples elect to divorce in Illinois, the partners are required to divide both their debts and assets. If the matter of debt and asset distribution is left up to the court, the state’s equitable distribution guidelines will be utilized. In most cases, these rules are not conducive to the wide variety of financial situations couples may be contending with. Also, it is important to understand that the state’s equitable distribution guidelines do not mean that all debts and assets will be divided equally. Instead, they will be divided in a manner that the court deems to be fair and just based on the circumstances.

Prenuptial Agreements Often Fail to Address Marital Debt

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 Posted on October 09,2020 in Child Custody

While most parents recognize that it is important they get along and work together to raise their children, many struggle with this concept after a divorce. Even a few moments with their ex may spark feelings of anger, resentment, bitterness, sadness, or guilt. When those feelings lead to an argument, children can begin to feel as though they are responsible for the continued conflict, which may be the exact opposite of what caring, loving parents want. In these situations, parallel parenting may be a viable alternative.

What Is Parallel Parenting?

Parallel parenting seeks to reduce conflict between parents by encouraging disengagement between parents, rather than engagement. Each parent works independently toward the best interest of their child, focusing solely on their personal relationship with the child. No ill words are spoken about the other parent around the child, each household is run as each parent sees fit, and there is very little contact between the adults. Success in this parenting method relies upon the respect for one another’s boundaries and privacy. As such, a comprehensive plan should be developed, generally with the assistance of a skilled legal professional, such as a family law attorney.

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 Posted on October 07,2020 in Order Enforcement

In divorce cases, child support or spousal maintenance payments are often ordered. If you have been awarded spousal support or child support, chances are you need those payments in order to provide for your family’s needs. In some cases, a spouse may not be consistent in making support payments, or he or she may refuse to pay them altogether. Not only can this be frustrating, but it can also result in serious legal ramifications for the non-paying spouse. Both types of support orders are legal court orders, meaning a person can face harsh consequences if they are not followed. Illinois courts have various ways of enforcing support orders when this becomes necessary.

Failure to Pay Support in Illinois

The state of Illinois does everything in its power to ensure that those who are required to pay spousal support or child support do so. There are several different ways a person can be held in contempt for failing to pay a support order, according to the Illinois Non-Support Punishment Act. A person may be found to be in contempt if he or she:

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 Posted on October 02,2020 in Children of Divorce

One of the biggest worries and fears that parents have during a divorce is how the end of their marriage will affect their children. While it is no secret that divorce can put children through some stress and uncertainty, it is often the best action to take for the sake of the family. Children who are raised in unhappy households are more likely to have self-esteem problems, trust issues, and in some cases, even behavioral or emotional issues that can follow them for the rest of their lives. Telling the children about your divorce can seem like a daunting task, but these tips can help you have a meaningful and productive conversation.

Tip #1: Tell All of Your Children at the Same Time

Many parents make the mistake of not talking to all of their children together when breaking the news of their divorce. They may think that younger children should be sheltered from the news of a divorce, while older children can be trusted with this information. This often puts unfair and unnecessary stress on older children to keep the secret of the divorce from younger children. It is often best to gather your children together and tell them all at the same time to avoid any unnecessary difficulties.

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 Posted on September 30,2020 in Divorce

When you choose to pursue a divorce, your biggest fear may be that the process will become a destructive fight that harms you, your ex, and your children. It is true that some divorces are contentious, and almost all divorces are stressful, but many of them can proceed amicably. 

If you are able to cooperate with your spouse throughout the divorce process, you can often avoid a trial and reach an efficient resolution that satisfies both sides. If you are hoping for an amicable divorce, you should make sure to approach it in a way that prevents conflict from taking over.

How to Keep Your Illinois Divorce Amicable

Your chances of an amicable divorce often rest on the behaviors of both you and your spouse. Here are some things you can do to make an amicable divorce more likely:

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 Posted on September 26,2020 in Paternity

If you have a child while you are unmarried, establishing legal paternity provides important benefits to the child, and it can also help both mothers and fathers protect their parental rights. However, it is important to understand exactly what legal paternity entails to determine whether further legal action may be necessary, especially in cases in which you wish to confirm or deny the right to custody and parenting time.

What Benefits Does Legal Paternity Provide in Illinois?

For a child, establishing legal paternity ensures access to financial support from both parents in order to provide for regular needs, including shelter, food, clothing, healthcare, and education. The child can also benefit from the father’s health insurance, life insurance, government benefits including Social Security, an inheritance in the event of his death, as well as information from the father’s medical history that may make better medical care possible for the child.

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