Recent Blog Posts

How Common Are Divorces in Illinois and the United States?

 Posted on March 06,2020 in Divorce

DuPage County family law attorney divorce rateFor many years, people have insisted that there has been a definite trend in which the number of divorces has increased every year. However, the truth contradicts this belief, and that truth is far more complex than most people would imagine. Divorce is often not an easy decision or an easy process, and it takes time and careful deliberation to come to an understanding and acceptance of it. Because of this, it is not something that people take lightly.

Dispelling the Myth That Half of All Marriages End in Divorce

Before getting married, people are often warned that “half of all marriages end in divorce,” and this supposed statistic may be used to suggest that a person should think long and hard before taking the plunge. However, the actual statistics show an entirely different story. These days, the national divorce rate is not 50%; it is actually closer to 39  %. Overall, divorce rates have been steadily declining since the 1980s, which is when they peaked. In addition, the state of Illinois itself has a much lower divorce rate than the national average.

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5 Tips for Dealing with the Grieving Process After Divorce

 Posted on March 03,2020 in Divorce

DuPage County family law attorney divorce emotional issuesThe “five stages of grief,” which were first theorized by Elisabeth Kubler-Ross, have been common knowledge for years. While many thinkers have made changes or additions to the original list of stages—denial, anger, bargaining, depression, and acceptance—understanding these five steps can still be a good starting point for anyone dealing with loss. Even though they originally applied to the grief resulting from a person’s death, these stages are relevant to any type of loss, including the loss you will experience when you get a divorce.

How to Address Divorce-Related Grief

With the stages of grief to guide you, here are five productive tips to help you manage the grieving process when getting divorced:

  1. Be prepared. The end of your marriage is a major life event, and as with a loved one’s death, it is a significant loss in your life. As such, it must be handled with the same degree of care and awareness as bereavement. You need to be prepared for many of those usual grieving stages. Most importantly, you need to know that it will take time for your world to settle into some semblance of stability again. If you are not mentally prepared, you could find yourself suffering through the grieving process much longer than necessary.

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What Are the Benefits of Filing for Bankruptcy Before Divorce?

 Posted on February 28,2020 in Divorce

Wheaton divorce attorney for bankruptcyIn many cases, finances can be a leading factor in the choice to get a divorce. Married couples might be faced with difficult financial challenges, such as the expenses related to serious health problems or the loss of income resulting from unemployment. If a marriage was already unsteady, or even if it was seemingly going well, disagreements over finances can often be the catalyst for the breakdown of the relationship. Depending on your financial situation as a married couple, you might be considering both divorce and bankruptcy. Since both of these are major life events and significant legal decisions, careful thought must be given to them, and the appropriate time must be chosen to proceed with each.

Reasons to File for Bankruptcy Before Divorce

If you and your spouse are on the same page about your finances, and you share the majority of the debt, filing a joint bankruptcy before beginning the divorce process might be the right move for you. Here are some reasons why you may choose this option:

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How Can Pregnancy Affect a Divorce in Illinois?

 Posted on February 25,2020 in Child Custody

DuPage County family law attorney divorcing while pregnantMost divorce cases involve a variety of complex issues, but there are some situations that may leave spouses wondering about their rights and how they can protect themselves going forward. One concern that some divorcing couples may face is determining how to proceed when they are expecting a child. Emotional and psychological issues notwithstanding, there are many challenges that may arise when getting a divorce while a spouse is pregnant.

Legal Issues Involved When Divorcing While Pregnant

A spouse’s pregnancy can greatly complicate the divorce process. Some of the issues that may need to be addressed in these cases include:

  • No Simplified Divorce—Although some married couples can get a simplified divorce, this option is not available if the spouses have children together or are expecting a child. This means the divorce proceedings will be more involved, and they may take longer to resolve.

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Are There Benefits to Getting a Civil Union Instead of a Marriage?

 Posted on February 21,2020 in Civil Union

Wheaton family law attorney for civil unionsIn 2011, Illinois passed into law the Religious Freedom Protection and Civil Union Act. This law enabled both same-sex and opposite-sex couples the freedom to enter into a civil union that would give them the same legal rights in Illinois as those provided by marriage. With the new term “civil union” meant to be a substitute for “domestic partnership,” all prior domestic partnerships registered would be honored, but any future similar relationships would be referred to as civil unions.

While civil unions in Illinois were initially meant to help same-sex couples achieve similar legal rights to married couples, these legal partnerships may now be pursued for other reasons. After the Supreme Court legalized same-sex marriage throughout the United States in 2015, most states converted all domestic partnerships and civil unions to marriages; however, Illinois is one of the few states that kept civil unions despite this legalization. Now that all couples, regardless of sex, can get married, why would anyone choose a civil union instead of a marriage?

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How Do Pet Ownership Trends Affect Illinois Divorce Cases?

 Posted on February 18,2020 in Divorce

Wheaton property division lawyer for pet ownershipFor many couples, pets become a part of their family. In fact, couples who do not have kids often treat their pets more like children, caring for them and their best interests as if they were the couple’s own offspring. As a result of this growing trend, the legal system has recently needed to adapt, and when it comes to divorce, pet custody has become a much more complicated issue.

Trends in Pet Ownership

It is true: pets are becoming more and more a part of our families. Your cat might rub its head against you out of warm affection, or your dog might try to comfort you with a lick on the face when you are upset. It is easy to see why pets are viewed as sentient beings like children as opposed to property. Statistics show that this trend is likely to continue:

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Should We Stay Together for the Kids Instead of Getting a Divorce?

 Posted on February 14,2020 in Child Custody

DuPage County family law attorney for divorce and childrenOne common question that married couples often need to face is whether they should stay together for their kids. In many cases, there may be equally convincing arguments for getting a divorce or staying together. The decision will ultimately depend on your situation and whether you think you and your spouse will be able to meet your children’s needs after your divorce. Before you decide on how to proceed, you may want to consider how your divorce will affect your children and whether other factors will play a role in your case.

The Effects of Divorce on Children

Studies suggest that divorce can have substantial short-term effects on children. These may include:

3 Elements of an Effective Parenting Plan

 Posted on February 11,2020 in Child Custody

Wheaton child custody attorney for parenting plansIf you are going through the divorce process and working with your spouse, your respective lawyers, and/or the judge to determine how to allocate parental responsibilities, you will want to give serious thought to the development of an effective parenting plan that protects your children’s best interests while maintaining your rights as a parent. Here are some things to consider when devising such a plan:

How Do You Create the Right Parenting Plan?

The right parenting plan can make things a whole lot easier for everyone, including both parents and children. However, developing a fair parenting plan that is beneficial for everyone involved can be challenging. In fact, parents often cannot agree on the terms of the parenting plan, and the court may need to intervene and make decisions about the allocation of parental responsibilities and parenting time, which might not be nearly as beneficial to those involved. In most cases, it is recommended to work with your lawyer and the other parent to create an effective and agreeable parenting plan. When creating your parenting plan, you will want to keep the following issues in mind:

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What Are the Types of Parental Responsibilities in Child Custody Cases?

 Posted on February 07,2020 in Child Custody

DuPage County family law attorney for allocation of parental responsibilitiesIf you have children and are getting a divorce, you will need to work together with the other parent on the allocation of parental responsibilities. Overall, this allocation requires deliberation upon four main facets of a child’s life and all of the parental duties associated with each area. While there could be other additional topics that the court and the parents might consider, these four cover most of the child’s needs.

What Categories Are Considered When Allocating Parental Responsibilities?

While custody decisions will determine the specifics of both parents’ time with their children, including differences in schedules based on holidays and vacations, there are also some other subjects that need to be discussed throughout the process. Specifically, when allocating parental responsibilities, all parties involved must consider responsibilities for these four main categories, the particular elements of which would be further detailed in the parenting plan:

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How Can a Major Illness Affect a Marriage and Divorce?

 Posted on February 04,2020 in Divorce

Wheaton divorce lawyer for serious illnessIf you or your spouse have been diagnosed with a chronic or terminal illness, this can affect many aspects of your life and your marriage. Some of these major changes in your marriage might eventually lead to a divorce. Understanding how an illness can affect a relationship can help you determine the best way to proceed if you feel that divorce is your best option.

The Facts About Divorce and Major Illnesses

Multiple studies have analyzed the statistics surrounding the effects of chronic or terminal illness on marriages and divorce rates. In particular, the findings suggest that:

  • As expected, higher ages result in an increased likelihood of illness.

  • Husbands experience higher rates of illness than wives.

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