Posted on February 25, 2020 in Child Custody

Most 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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 Posted on February 21, 2020 in Family Law

In 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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 Posted on February 18, 2020 in Divorce

For 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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 Posted on February 14, 2020 in Child Custody

One 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:

• Emotional disturbances, such as anxiety, anger, and stress

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 Posted on February 11, 2020 in Child Custody

If 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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 Posted on February 07, 2020 in Child Custody

If 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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 Posted on February 04, 2020 in Divorce

If 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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 Posted on January 31, 2020 in Cohabitation

There are all sorts of reasons that couples may decide to live together without getting married. They might be opposed to marriage on some moral grounds, they could just want to try living together first before they officially “take the plunge,” or perhaps they simply do not want to deal with all the complications that come with marriage—from an overwhelming wedding to an array of legal and religious considerations. Whatever the case may be, there are plenty of people out there who cohabitate as unmarried partners. Unfortunately, living together does not grant you the same rights you would have as married spouses. In order to have some similar legal protections as you would if you were married, you would need to develop and sign a cohabitation agreement.

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 Posted on January 29, 2020 in Divorce

Sometimes, by the time people get divorced, they do not even recognize each other anymore. Over the years, a sense of mistrust might have festered. Misgivings about your spouse and his or her motivations often contribute to the decision to file for divorce. As the divorce drives you two even further apart, it becomes easier and easier to keep things from each other. This is when hidden assets become an even greater possibility. If you suspect your spouse might be hiding assets from you and your attorneys, what should you do? There are a few things that require further investigation from you and your lawyers to make sure no asset is left buried.

What to Do During the Hunt for Hidden Assets

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 Posted on January 24, 2020 in Divorce

Central to any divorce are concerns regarding finances. The property and assets owned by married spouses are considered throughout the divorce process. Both parties in a divorce want to protect their property and assets, and in some cases, a financial restraining order may be necessary. In some states, an automatic temporary restraining order (ATRO) will be included in every divorce. However, in Illinois, you need to request a temporary restraining order (TRO), and you may need to ask that it be extended during your divorce.

What Does a Financial Restraining Order Do?

A financial restraining order, also referred to as a temporary restraining order, is a way both parties in the divorce can protect their property. While it is particularly common in high-asset divorces, any spouse might want to consider pursuing one, especially if a person suspects their former partner will be irresponsible with their shared finances leading up to—and during—the divorce.

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