Recent Blog Posts

3 Reasons to Use Alternative Dispute Resolution in an Illinois Divorce

 Posted on May 28,2020 in Divorce

DuPage County collaborative divorce lawyerThere are a wide variety of issues that will need to be settled in a divorce case, and resolving disputes through litigation in court can be costly and time-consuming, while resulting in less than optimal decisions for your family. To address these matters more effectively and avoid contentious disputes, you might want to consider alternative dispute resolution (ADR), which could include collaborative lawmediation, or arbitration.

Why Use Alternative Dispute Resolution?

Some of the best reasons to use alternative dispute resolution instead of traditional litigation include:

  1. Efficiency—ADR can provide significant savings of both time and money during the divorce process. Making multiple court appearances and preparing for a divorce trial involves significant expenses, and legal proceedings can last several months, or even years. ADR can help you streamline the process of resolving your disputes and allow you to reach a divorce settlement much more quickly while avoiding unnecessary expenses.

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Can Divorce Provide Options Other Than the Traditional Nuclear Family?

 Posted on May 22,2020 in Divorce

Wheaton child custody lawyer divorce blended familiesAs divorce continues to be a likely outcome for many marriages, families across the state and nation alike face the possibility of a nontraditional homelife situation. In recent years, some people have argued that the nuclear family may be the source of many societal ills, from economic inequality to racial injustice. Because of this, people have started to wonder whether the traditional nuclear family of a mom, a dad, and one or more children is truly quintessential to a child’s positive upbringing. The truth is, there are alternatives to the nuclear family, some of which might be even more beneficial to your family following a divorce.

3 Beneficial Alternatives to the Nuclear Family

As nuclear families become less and less common, it might be worth considering alternatives to that particular family model. Examples of strong options that may be available after a couple has divorced include:

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How Common Is it for Mothers to Pay Child Support in Illinois?

 Posted on May 20,2020 in Child Support

DuPage County child support attorneyWhile it might be easy to assume that fathers usually end up being the ones paying child support after divorce, the truth these days is much more complicated than that. Although prior views of fathers being the primary breadwinners and mothers being the primary caregivers in the family dynamic were true for many years, this has become less and less common in this day and age. A look at the latest information proves that the times are certainly changing—as are the trends in child support and spousal support.

Latest Developments in Child and Spousal Support Defy Stereotypes

In 1979, the Supreme Court ruled that all alimony must be viewed as gender-neutral. This opened the door to men not always having to be the ones who are financially responsible for spousal maintenance payments after divorce. Since then, the latest developments in child support and spousal support payments alike have progressed in a way that defies stereotypes. For example:

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When Should I Consider Legal Separation Instead of Divorce?

 Posted on May 14,2020 in Divorce

Wheaton family law attorney for legal separationIf you and your spouse are having relationship problems, but you are not ready to deal with the challenges and finality that come with a divorce, you might want to consider getting a legal separation. A legal separation can enable you to do many of the same things you can do through divorce, such as determining parental responsibilities, parenting time, temporary spousal support, and child support. However, you will remain legally married to your spouse, and this can provide a number of advantages.

6 Reasons to Get Separated Instead of Divorced

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Can Children Know What Is in Their Best Interests in a Divorce Case?

 Posted on May 12,2020 in Uncategorized

Throughout the divorce process, if you have children, you and your co-parent will need to devise a parenting plan that clearly defines the allocation of parental responsibilities, parenting time schedules, and other child-related issues. In the state of Illinois, the standard used to determine many of these concerns is referred to as “the best interests of the child.” When decisions are made regarding custody of children of divorcing or separating parents, their best interests have the greatest bearing on the end result. While Illinois has a strict set of guidelines elaborating on those “best interests,” these issues may be open to interpretation, especially since the circumstances surrounding each child custody case are unique. In some cases, determining how much of a say children should have regarding what is in their best interests can be difficult.

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How Do I Know if My Spouse Has Dissipated Marital Assets?

 Posted on May 05,2020 in Divorce

Wheaton property division lawyer for asset dissipationAccording to Illinois law, dissipation of marital assets is defined as the use of marital property or assets to solely benefit one spouse for a purpose unrelated to the marriage when the marriage is in the midst of an irreconcilable breakdown. As a marriage undergoes difficult times—and as divorce becomes more and more likely—one or both of the spouses might begin deviating from their usual spending patterns. They might spend marital funds irresponsibly, neglect to pay bills, or enter into major financial agreements, among other things, all without the other spouse’s consent. This could affect the fair and equitable division of marital property during the couple’s divorce.

Common Examples of Marital Asset Dissipation

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How Has Divorce Changed Over the Years?

 Posted on April 30,2020 in Divorce

DuPage County no-fault divorce attorneyMuch of the data today suggests that around 40% of all marriages end in divorce, as opposed to the popular belief over the last several decades that divorce is the end result of at least half of all marriages. Even though it may seem like a recent trend, the concept of divorce has actually been around in history for much longer than the last century, and it has always been at the forefront of many spouses’ minds. Here are some interesting facts about divorce and its evolution throughout history:

A Brief History of Divorce

Believe it or not, the idea of divorce may have been around for as long as the institution of marriage itself. For instance, King Henry VIII asked the Pope to let him divorce Catherine of Aragon. After the Pope refused, Henry VIII divorced her anyway, remarrying Anne Boleyn instead, and this would prove to be the catalyst for the Church of England separating from the Roman Catholic Church. Overall, people’s perceptions of divorce and the laws surrounding the dissolution of marriage have changed and evolved over the years in a variety of ways, including:

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How Will an Economic Recession Affect Divorce Rates in Illinois?

 Posted on April 29,2020 in Divorce

DuPage County divorce attorney financial hardshipGovernor Pritzker has extended the Illinois Stay-at-Home Order through the end of May, and it could potentially last even longer. While some states are phasing into opening more parts of their economies, Illinois remains focused on the safety of its residents, only allowing essential workers to work outside of their homes. As the unemployment claims keep rolling in, it might be easy to feel like the country, or at least the state, is in the midst of an economic recession or depression. How might this new economic reality in Illinois affect divorce rates?

The Many Potential Effects of a Recession on Divorce Rates

Will an economic recession decrease or increase divorce rates? While a strong case could be made for either outcome, the truth is that this is a nuanced issue. In studying divorce rates before, during, and after the last major recession over the last 10 to 15 years, researchers have found that there is no clear, substantial, and overwhelming data that supports either outcome. In many cases, the likelihood of divorce is dependent upon each family’s living situation. For example, divorce rates might increase as a result of a recession because:

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Are There Any Benefits to Getting Divorced While Pregnant?

 Posted on April 24,2020 in Child Custody

Wheaton child custody lawyer pregnancyWhile there are many legitimate reasons to postpone or cancel a divorce due to pregnancy, a person may have some compelling reasons to get divorced while pregnant. As difficult as it may be to end your marriage when you are already dealing with the stresses and expectations of impending parenthood, divorce may be the best overall choice for your family. Here is a closer look at the potential benefits of getting a divorce while you or your spouse are pregnant:

Reasons to Divorce While Pregnant

If you are considering a divorce while pregnant and are worried about the consequences, consider these positive aspects of taking such an action:

  • Your Child Will Not Have to Live Through the Divorce Itself—If you get a divorce while pregnant, you do not have to worry about the difficulties your child may face when shifting from having two parents in the same home caring for him or her to receiving care from parents in two separate homes. Researchers estimate that it can take children about two years to fully adjust to a divorce, on average. If your child is born into a single-parent home, or if you and the other parent will be sharing parenting time from the beginning of the child’s life, he or she will not need to make this adjustment.

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What Are Major Life Events That May Lead to Divorce in Illinois?

 Posted on April 21,2020 in Divorce

Wheaton divorce attorney reasons for divorceSince divorces are “no-fault” in Illinois, a person can end their marriage for any reason they choose. There is no legal obligation for a spouse to justify this decision, as there had been in the past. However, couples may still need to recognize when certain issues or concerns may lead to divorce, including common major life events. When a couple is faced with major changes in their lives, it can be difficult to adapt to this new reality, causing stress on the relationship or exacerbating the problems that were already there, which could lead to divorce.

8 Major Life Events That Can Contribute to Divorce

Excluding any of the typical reasons for a divorce that have more to do with the relationship itself, such as infidelity, here are some common major life events that may lead to divorce:

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