Recent Blog Posts
When Can a Marriage Be Declared Invalid in Illinois?
Posted on January 08, 2021 in Annulment
If you got married fairly recently and you and your spouse are starting to experience some serious problems, you might be thinking that your marriage was a mistake. Maybe you and your spouse did not quite know each other as well as you thought, or maybe the things about your spouse that you once found endearing are no longer as appealing now that you are married. Many couples who find themselves in such a situation may consider filing for divorce, but some give thought to the idea of seeking an annulment. After all, they were not married very long, so an annulment can just undo the marriage, right?
Under Illinois law, an annulment does not simply “undo” a marriage. In fact, what used to be called an “annulment” is now known as a declaration of invalidity of marriage, and it is only available under very specific circumstances. Simply being unhappy with your spouse is not among them.
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Common Reasons for Seeking a Divorce in Illinois
Posted on January 05, 2021 in Divorce
For many people, divorce is an uncomfortable topic. In the 1980s, the divorce rate was as high as 40 percent in the United States. While this rate has been on the decline over the past few decades, this is small comfort to those who are going through the difficult process of ending their marriage. There are many factors that may make you want to leave your spouse, and informing your partner about the desire to get a divorce is never an easy task.
Why Do People Get Divorced?
In 2018, the most recent year for which data is available, there were more than 780,000 divorces or annulments in the United States. While infidelity is a common reason couples choose to end their marriage, many people are able to repair their relationship through marriage counseling. Here are some other factors that tend to contribute to couples getting divorced:
5 Tips for Co-Parenting Successfully After Divorce
Posted on December 29, 2020 in Child Custody
A divorce is the end of a marital relationship, but if you have children, your final court date is most likely not the last you will see of your ex-spouse. Though you and your spouse may not live together anymore, you still have to figure out how you will share parenting responsibilities and duties. These tips can help you increase your chances of successful co-parenting after a divorce:
Tip #1: Keep Your Emotions Under Control
If you are recently divorced, it is not unusual for you to still have lingering emotions about the end of your marriage, but it is important that you put those emotions aside for the benefit of your children. Anger, resentment, and jealousy have no place when it comes to parenting your children. Keeping a level head is one key to successful co-parenting.
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Divorce Mediation Vs. Litigation: Which Is the Better Option for You?
Posted on December 22, 2020 in Mediation
Getting a divorce means making decisions that will affect you and your family for the rest of your lives, and it is safe to say that it should not be taken lightly. Many people think that you only have one option when it comes to getting a divorce: litigation in court. However, just as there is more than one way of getting married, there is more than one way of getting divorced. Another increasingly popular method of dissolving marriages is mediation. Examining the pros and cons of each type of divorce can help you decide which would be better for you.
The Basics of Divorce Litigation
Many people consider litigation to be the traditional divorce method. In a litigated divorce, both spouses are represented by their own lawyers who provide legal advice and represent their client’s interests in court, with the goal of convincing the judge to issue a final decision in their client’s favor.
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Putting Your Children First During the 2020 Holidays
Posted on December 21, 2020 in Child Custody
Christmas is just a few days away, and a week after that, 2020 will be over. This year’s holiday celebrations are likely to be different than most of us have ever experienced, as many families will only be able to get together through telephone calls or video chats. For parents who are subject to shared parenting arrangements, the holidays can be difficult enough already. Add in this year’s unique challenges, and things have the potential to be even tougher. As you look toward the approaching holidays, it is important to work with your co-parent, if possible, to help your children have the best experience you can offer them.
Communication and Compromise
If you normally share parenting time for the holidays, you and your child’s other parent should do what you can to be patient and kind to one another. Family celebrations—including video calls—may run long, and if families are getting together in person, the weather in Northern Illinois is often unpredictable. It is a good idea to plan your days out in advance, including which of you will be picking up and dropping off if there will be travel between homes, but be courteous and gracious to the other parent if things do not go exactly according to plan.
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How Can I Protect Items with Sentimental Value in My Illinois Divorce
Posted on December 16, 2020 in Asset Division
The distribution of assets is an important element in most Illinois divorce cases, and it can often lead to misunderstandings and arguments between the spouses. Items with sentimental value may cause even more disagreements than higher-value assets such as the marital home or vehicles, as both spouses might have an emotional attachment, making them less agreeable to parting with a particular piece of property. If you are interested in keeping a family heirloom, a specific work of art, or any other item with sentimental value, there are some ways you might be able to do so.
Is the Item a Marital Asset?
Whether or not a sentimental item is considered marital property depends on several factors. The two most important factors are when and how the item was acquired. Under Illinois law, an asset is generally considered marital property if it was acquired by either spouse during the marriage. If the item in question was yours before you got married, you typically have the right to keep it following your divorce.
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Will My New Significant Other Affect My Illinois Child Custody Case?
Posted on December 14, 2020 in Child Custody
If you have recently gone through a breakup or divorce, it is natural that you would want to move on to a new relationship. However, when you and your ex have children together and a child custody case pending, the other parent and the court may have a right to know more about the people you are spending time with, especially if that time is spent around your child.
How a Court Makes Custody Decisions
When a judge in Illinois is making a decision about parental responsibilities and parenting time, the judge must consider what is in the best interest of a child. Some of the factors a judge will consider include:
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What arrangement provides the child with the most stability?
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Who can best provide for a child’s physical, mental, and emotional needs?
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4 Things to Consider Regarding Disputes Over Parental Responsibilities
Posted on December 09, 2020 in Child Custody
The issue of child custody—officially known as the allocation of parental responsibilities under Illinois law—is often among the most difficult concerns to resolve in a divorce. Parents who have spent years raising their children together may suddenly be arguing over the role that each of them will play in the lives of their children. A dispute over parental responsibilities can quickly become a very stressful and emotional situation for both the parents and the children. In some cases, extended family members are affected as well.
Every case is unique, and parents facing such a dispute should not make any assumptions about the level of responsibility that they will be granted. Instead, they should keep in mind a few important factors that may influence the outcome.
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Will I Be Ordered to Pay Spousal Maintenance in My Illinois Divorce?
Posted on December 07, 2020 in Alimony/Spousal Support
Those who are facing a divorce generally have many questions about both the process and what the future will look like after the divorce is finalized. One of the more common concerns is whether alimony is going to be a part of the divorce decree. In many situations, alimony—known as "maintenance" in Illinois—becomes a point of contention between the spouses. If a divorce is looking to be increasingly likely for you and your spouse, it is important to understand some basic things about spousal support in Illinois and when such support is awarded.
How Is Spousal Maintenance Used?
Spousal maintenance is intended to reduce the negative effects of a divorce on the lower-earning or otherwise financially disadvantaged party. Several decades ago, spousal support was a fairly standard part of many divorce cases. This was because most households typically relied on one spouse’s income—most often the husband—while the other partner—the wife, usually—worked significantly less or not at all. The spouse who worked less often focused on household and child-related responsibilities. When a couple in such a situation got a divorce, it was almost impossible for the spouse who earned less to support herself, particularly if she was awarded primary custody of the children. Therefore, it was common for a divorce decree to include an order for alimony to be paid by the higher-earning spouse, at least until the lower-earning spouse could support herself.
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How Do I Know If I Am Ready to Get a Divorce?
Posted on December 02, 2020 in Divorce
The decision to get divorced often comes about after a long period of strife or unhappiness in a marriage. Many couples struggle with the decision for some time before finally contacting an attorney to start the process. If you have been thinking about divorce for a while but are unsure if it is the right move, there are a number of questions that you should consider.
Have You Done Everything You Can to Fix the Relationship?
The first important consideration is whether or not all reasonable steps have been taken to save the marriage. What constitutes “reasonable steps” is different for different people, but it could include couples therapy, individual counseling, or marriage retreats—not to mention in-depth discussions between you and your spouse. There are also many self-help books that might help address the problems you and your partner may be dealing with on a daily basis.
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