Posted on May 14, 2020 in Divorce

If 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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 Posted on May 12, 2020 in Child Custody

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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 Posted on May 05, 2020 in Divorce

According 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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 Posted on April 30, 2020 in Divorce

Much 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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 Posted on April 29, 2020 in Divorce

Governor 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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 Posted on April 24, 2020 in Child Custody

While 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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 Posted on April 21, 2020 in Divorce

Since 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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 Posted on April 20, 2020 in Divorce

A recent survey found that 39% of people state that debt and other financial issues were a major factor that contributed to their divorce. It is no wonder that bankruptcy and divorce are so closely linked—not only can divorce itself often cost more money than many people expect, but the financial ramifications of the divorce are felt long after the proceedings are complete. From the division of marital debt to simply adjusting to living on a single income, life after divorce can get expensive. But that does not mean you have to file for bankruptcy. Here are some tips for keeping your finances in order after your marriage has ended:

6 Ways to Prevent Bankruptcy Following Divorce

While there are some things you can do to avoid bankruptcy that are common to just about any person, divorced or not, there are also some special things that you can do to protect yourself against bankruptcy when you are divorced. Some examples include:

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 Posted on April 10, 2020 in Child Custody

When married parents get a divorce or unmarried parents are separated, arrangements for child custody will be put in place. A court-approved parenting plan will include decisions regarding parental responsibilities and parenting time. While parenting agreements are meant to protect a parent’s rights as a father or rights as a mother, there are some circumstances where a person’s parental rights may be involuntarily terminated. Illinois has extensive rules and guidelines in place to determine when the termination of parental rights is appropriate.

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 Posted on April 07, 2020 in Divorce

During the divorce process, there is a step that lawyers from both sides will take referred to as “discovery.” This is a critical stage in divorce proceedings. The lawyers and judge alike can learn countless insights during discovery, and these facts will help determine what is fairest and most equitable in the divorce judgment. Here is some advice on what you should do if faced with discovery:

4 Tips for Successful Divorce Discovery

Discovery during a divorce is a pretrial process in which both parties will fully disclose information to each other regarding their income and property. During discovery, the parties are permitted to request information from the other side to bolster and support their case with accurate evidence. These discovery requests may include:

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