Posted on November 25, 2020 in Collaborative Law

Making the decision to file for divorce does not have to lead to a future involving long, stressful hours spent in court. In fact, many couples do not even set foot in a courtroom to create their divorce agreement. Resolving your divorce through a trial is a process known as divorce litigation, and it is typically reserved for those with an especially contentious relationship who are unable to come to an agreement on their own. If you foresee that you and your spouse will argue over every little detail, divorce litigation may be your only option. If, however, you and your spouse are ending things amicably, a collaborative divorce may help you reach a resolution more quickly and on a more positive note.

What is a Collaborative Divorce?

Collaborative divorce is a process in which you and your spouse negotiate the terms of your divorce, rather than having a judge make these decisions for you. This includes determinations regarding spousal support or maintenance, the division of assets, child custody, child support, and more. In a collaborative divorce, you and your spouse can each hire your own specially certified divorce attorney to act as your legal representative and help guide you through the divorce process. You will likely meet one-on-one with your attorney for advice on how you should proceed, as well as in conferences with your spouse and his or her attorney to negotiate the details of your divorce agreement. You may also seek advice from other professionals, such as financial advisors, child custody specialists, and more. Once you and your spouse have come to an agreement on each matter, you will have contact with a family court judge who will sign your prepared agreement, making it legally enforceable moving forward.

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 Posted on November 24, 2020 in Prenuptial and Postnuptial Agreements

While it has become more common to have them, the truth is that not every couple needs a prenuptial agreement—also referred to as a prenup—at least not in Illinois. Some couples or individual partners insist, but in many cases, there is not enough between the two people to warrant a careful, item-by-item disposition, which is often what a prenuptial agreement turns out to be. However, a prenup can be beneficial under some circumstances, and it is a good idea to consider whether it might be right for your marriage. 

Do You Have Extensive Assets?

As one might imagine, couples with significant assets individually or between them will benefit from a prenuptial agreement in multiple ways. Perhaps the most common is in dealing with property division issues during divorce proceedings. Illinois adheres to the theory of equitable distribution, meaning that all marital property is divided in the most equitable or fair way possible, rather than giving each spouse half, as might happen in a community property state. A prenuptial agreement is one of the easiest and most common ways to clarify whose assets are whose before the marriage, meaning that all the specified assets can be classed as non-marital property, and thus likely not subject to division.

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 Posted on November 20, 2020 in Child Custody

It is rather common for people to move after they divorce. Sometimes, they move due to a new job or promotion, and other times, they move to be closer to family. Whatever the reason, there are certain rules parents must follow when they wish to relocate with their child. Any parent who has been allocated the majority of or equal parenting time can seek to relocate with his or her child, but there are certain procedures that must be followed.

The Definition of “Relocation”

Under Illinois law, a relocation is defined as a move of a certain distance by a divorced or single parent who is subject to a co-parenting plan and who has at least half of the parenting time with his or her child. Specifically, a move is considered a relocation when such a parent moves with his or her child more than 25 miles from a home in DuPage, Cook, Kane, McHenry, Lake, or Will Counties, or more than 50 miles from a home in any other Illinois county to a new home somewhere else in Illinois. A move is also a relocation if the parent moves more than 25 miles from a home anywhere in Illinois to a new home in another state.

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 Posted on November 17, 2020 in Divorce

Although the divorce rate in the United States is slowly declining, there is one demographic that has seen a significant increase in divorces in recent decades: Americans over age 50. In fact, data shows that one in four adults currently going through a divorce is aged 50 or above. These so-called “gray divorces” can be substantially more complex than divorces involving younger individuals. When older adults get divorced, there are special concerns that they must consider.

Spousal Maintenance Is Often Ordered After a Long Marriage

Many divorce cases do not involve any type of alimony or spousal maintenance. Generally, alimony is only granted when a divorce causes one of the spouses to be at a significant financial disadvantage. For example, a stay-at-home mother who sacrificed a career to care for her children will likely have a much lower earning capacity than her husband who remained in the workforce during the marriage. Illinois courts make spousal maintenance decisions based on factors such as:

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 Posted on November 13, 2020 in Child Custody

Many parents’ primary goal during divorce proceedings is to ensure they maintain a close relationship with their children. Illinois law recognizes the importance of both parents remaining in their children’s lives, and has recently moved away from the term “custody” to the “allocation of parental responsibilities,” which emphasizes the importance of the parents coming to an agreement. However, disputes about children can still sometimes be bitter, and it is important to understand your rights as a parent if you find that your relationship with your children is being challenged.

Parenting Time Rights in Illinois

Unless you have been convicted of certain crimes, or otherwise deemed to be a threat to your children’s physical, mental or emotional health, you are legally entitled to parenting time—formerly known as visitation—with your children. For your former spouse to deny this is actually against the law. However, the form your parenting time takes may vary, and it may not be exactly equal to that of your ex, depending on factors like your work hours and where you live in location to where the other parent is located. For example, a parent who lives in a rural area several hours’ flight away from where the other parent and children live may receive less frequent in-person parenting time than a parent who lives 15 minutes away in the next town.

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 Posted on November 09, 2020 in Paternity

When a child is born to parents who are not married or who have never been married to one another, this can pose a few problems. Under Illinois law, a man is only presumed to be the father of a child if he was married to the mother when the child was born, or if the couple had been married within 300 days before the child’s birth. If neither is true, then the parents must establish legal paternity for the child another way. Many times, before a court will issue an Order of Paternity, it will require that the mother, alleged father, and child submit to genetic testing to determine the true biological father of the child.

Genetic Testing Procedure in Illinois

A child gets half of his or her genes from the mother and the other half from the father. DNA testing works by comparing the genes of the child with the genes of both parents. The person conducting the genetic testing will be chosen by the court, but you are also permitted to conduct independent genetic testing if you so choose. The Illinois Paternity Act states that DNA samples can be from blood, bone, hair, or other bodily fluids, though the most common way to gather DNA samples is from a simple swab of the cheek.

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 Posted on November 06, 2020 in Divorce

For many couples, the advice they get as they experience a divorce can often seem repetitive and, at times, even useless. Hearing the same suggestions for a successful, happy post-divorce life over and over again can be discouraging, especially when those suggestions seem downright unrealistic. We all know the standard recipe for a healthy lifestyle: eat well, exercise, and make time to do things we enjoy. On the surface, this formula for well-being appears practical, but when your marriage is in the midst of ending, it is not always so easy to strike that balance.

Finding Your Balance

Everyone adjusts differently to a divorce, depending on your personal situation and the circumstances that led up to the split. It is helpful to recognize that there is no need to rush through your emotional recovery, as it is a natural process that needs to take place. However, it is also a good idea to set goals for yourself and to be aware of signs that you are in a rut and are having trouble with the transition.

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 Posted on November 03, 2020 in Divorce

One of the most important decisions you will make when going through a divorce is choosing who you will retain to be your divorce attorney. Having the right attorney—one who is not only skilled at his or her craft but also one who you feel comfortable and confident with—is crucial to having a successful divorce.

When meeting with a divorce attorney for the first time, there are several areas that you should make sure you find out information about. These areas include:

Attorney and Legal Fees

The amount an attorney charges, including their hourly rate, any required retainer, and other possible attorney and legal fees, is something that every attorney should be forthcoming with. No one needs any surprise fees, especially while going through such a life-changing event. Although an attorney cannot predict the exact amount your divorce may cost, he or she should be able to explain the standard charges, as well as situations that could come up which could cause those costs to increase.

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 Posted on October 28, 2020 in Asset Division

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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