Posted on July 18, 2019 in Divorce

Arguments over finances can be one of the major causes of a divorce. One spouse might be a saver, and the other spouse might be a spender. Over the course of a marriage, this can lead to a great deal of conflict and ultimately ruin the relationship. If you think your spouse is acting irresponsibly through excessive spending or damaging marital assets, you can ask the court to issue a financial restraining order. This type of restraining order temporarily freezes some of the marital assets to ensure that they will not be wasted.

What Can a Financial Restraining Order Stop?

A financial restraining order freezes the marital assets for both sides. For example, if your spouse is barred from selling off any marital property, you will also be prohibited from selling off any of the property, unless you receive permission from the court. A typical order lasts 10-30 days, but it can be extended as long as necessary in order to protect the marital property, such as until the court issues a final order to divide the property.

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 Posted on July 11, 2019 in Divorce

It is very common for a member of the Armed Forces to be away from their home and family for long periods of time. This can be hard on a marriage, whether one or both spouses are in the military. Even after his or her tour ends, a veteran can develop post-traumatic stress disorder (PTSD), which can have a large impact on his or her personal relationships. All these things can lead to a couple growing apart and eventually divorcing. A military divorce can involve a number of special considerations, since a member of the military is employed by the federal government, which can affect child support, retirement benefits, and more.

State and Federal Divorce Laws

Under Illinois law, a person can only file for divorce if he or she is a resident of the state. However, a person who is in the military and is not in the state or country due to military orders is generally still considered a resident of Illinois. For instance, if a soldier who normally resides in Illinois is sent to Italy on military orders, he or she can still file for divorce in Illinois.

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 Posted on July 09, 2019 in Divorce

Many couples fight about finances throughout the course of their marriage. Money issues and especially debt can wreak havoc on a marriage, and in many cases, financial concerns can be a significant factor in the decision to get a divorce. Sometimes, one spouse will rack up huge amounts of credit card debt without the other spouse even knowing. Divorcing couples may wonder what will happen if one or both spouses have incurred a large amount of debt. Illinois divorce laws allow for equitable distribution of marital property, and this includes the division of debts. However, exactly how marital debt is to be divided depends on each situation, since every divorce is unique.

Marital Assets and Debts

Marital debt refers to any debts that a couple accumulates while they are married. These debts may include a mortgage, credit cards, vehicle loans, and student loans. During divorce, marital debts will be divided between the spouses according to Illinois’ equitable distribution laws. Credit cards, even if they are only in one spouse’s name, are still considered marital debt that the court will divide.

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 Posted on June 28, 2019 in Divorce

Divorces can be complicated, even if both spouses agree on many of the issues that must be addressed. In some cases, the marital estate may include significant assets, or spouses may earn large incomes. In these complex divorce cases, couples may need to address high-value assets or property, business valuation, spousal maintenance, and more. The division of property can have a long-term impact on one or both spouses, so this area needs to be addressed carefully. If you are entering the divorce process, it is important to understand your rights and the near-term and long-term impact of the decisions you make.

Marital Assets

The marital estate includes any property that was obtained during the course of your marriage. Illinois is an equitable distribution state, which means that marital property will be divided equitably, but not necessarily equally. In some cases, litigation in court may be necessary to resolve disputes over the division of assets; however, it is often more beneficial if spouses can work together to reach an agreement on these issues outside of court.

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 Posted on June 26, 2019 in Divorce

When someone hears the word “divorce,” it typically has a negative connotation. The break-up of a marriage can be sad, but for some couples, going their separate ways is for the best instead of staying in an unhappy union. An amicable divorce is possible if both partners are willing to compromise on certain issues. If a child is involved, the parents can work together to come to agreements on what is in the best interests of their child. This is important for such issues as allocation of parental responsibilities and parenting time.

Practical Advice for a Healthy Divorce

The following tips can help a couple who are divorcing achieve the best possible outcome for all family members:

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 Posted on June 24, 2019 in Divorce

Divorce can be a stressful and lengthy process. When children are involved, it can get even more complicated. If both parents cannot agree on child-related issues such as the allocation of parental responsibilities or parenting time, the final decision in these matters may need to be made by the court. In some cases, a judge may require the help of a neutral party who will not argue on behalf of either parent. Under Illinois law, a guardian ad litem (GAL) is defined as a lawyer appointed by the court in a divorce case who will help determine the best interests of a child. A GAL can be appointed if one parent is concerned about their child’s safety or well-being, or if a judge decides a GAL is needed during the negotiations.

What Does a Guardian Ad Litem Do?

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 Posted on June 19, 2019 in Alimony/Spousal Support

In recent years, a lot of emphasis has been placed on fathers’ rights during and after a divorce. This is partly due to a trend in which many dads have taken more active roles in parenting compared to fathers in previous generations. In divorces that took place in the past, mothers were typically awarded what was called “sole custody” of the children, as well as alimony, child support, the marital home, and other assets. However, things often turn out differently in today’s divorces, since many mothers and fathers share in earning household income and raising children.

In modern divorce cases, mothers’ rights regarding child custody should not be automatically assumed like they often were in the past. During divorce, both parents should be sure to understand their rights and the ways they can reach a favorable outcome.

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 Posted on June 17, 2019 in Divorce

The decision to end a marriage is a momentous one, and most couples do not make this choice lightly. Many spouses choose to go to couples’ counseling before they decide to divorce. A new trend in therapy involves both parents and children, and it is often referred to as family counseling. This type of therapy can help families before, during, and after a divorce. It provides an outlet for parents and their children to share what is on their minds in a neutral setting.

Benefits of Family Therapy

Divorce is not easy under any circumstances, especially when children are involved. Children often have a difficult time during their parents’ divorce, since they do not have a choice in the decision. However, family counseling can help ease the distress that comes with the end of a marriage, and it can offer everyone ways to move forward in a healthy manner.

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 Posted on June 13, 2019 in Divorce

Thinking about the end of your can be emotional and intimidating, due to a fear of the unknown and what comes after the dust settles. In many divorce cases, a couple may have experienced problems in their relationship for a while, which ultimately led to the decision to separate. If it seems like divorce may be on the horizon, planning ahead can benefit you in the long run, especially considering all the decisions that need to be made.

During the planning process, it helps to document everything, from bank statements to credit card receipts. This ensures you will have proof if any aspects of your divorce are contested and you have to fight out the details in court. It is also a good idea to seek legal counsel to ensure you so you are protected both legally and financially.

Steps for Planning Ahead

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 Posted on June 10, 2019 in Child Custody

During and after a divorce, the Illinois Marriage and Dissolution of Marriage Act allows both parents to have reasonable parenting time with their child. In some situations, if a parent is worried about his or her child’s physical or mental well-being when spending time with the other parent, he or she can request a hearing to ask for supervised visits. The parent requesting this supervision needs to show evidence to support this request. If you are ordered to have supervised parenting time with your child, an experienced family law attorney can help you determine the best way to proceed.

Factors that May Require Supervision

Many factors are considered when deciding if parenting time will be supervised or not. In general, Illinois courts prefer to promote a healthy parent-child relationship, even during disputes over parental responsibilities (child custody). For a parent to have supervised parenting time, the court must consider the child to be in serious danger if he or she were to be left alone for a period of time with that parent. The court also has the right to modify an existing parenting time order if needed. If two ex-spouses have an argument, or if one parent does not like the other parent’s new partner, that typically does not qualify as seriously endangering the child mentally, physically, or emotionally. On the other hand, if the other parent (or his or her new love interest) is physically or verbally abusive to the child, that is grounds for seeking supervised parenting time. In some cases involving domestic abuse to the other parent or the child, the court may issue an order of protection to limit or restrict an allegedly abusive parent's access to the child entirely. If one parent is diagnosed as mentally ill or is found to be abusing drugs or alcohol, those would be valid reasons for supervised parenting time. After a certain amount of time, supervised parenting time orders can be reviewed to determine if they should be reversed or modified. This could happen in cases where an alcoholic parent becomes sober, or if they are under the care of a physician and are seeking treatment or therapy for a mental disorder.

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