Posted on December 12,2018 in Child Custody

Dealing with divorce and separation can be tricky around the holidays, especially when children are involved. Kids may focus on their memories of Christmases past and struggle with their emotions as they adjust to the way their lives have changed this year. Rather than allowing the holiday season to become filled with anger, resentment, sadness, and stress, it is your duty as a parent to generate excitement for this season, giving the gift of joy to both your children, and even to your ex, by creating a parenting time arrangement that works for everyone.

Here are a couple of tips for making that possible:

Do Not Make Children Choose

You and your spouse may disagree about who gets to have parenting time on Christmas Day. Perhaps you cannot come to a civil agreement, because the holiday is equally important to each of you. Whatever you do, do not put the burden of choice on your children. Holiday parenting schedules should be outlined in your parenting time agreement to avoid any confusion.

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 Posted on December 10,2018 in Same Sex Marriage in Illinois

Prior to the 2015 Supreme Court case Obergefell v. Hodges, which legalized same-sex marriage in the United States, many same-sex couples entered into a domestic partnership. However, this term has been sunsetted in Illinois, meaning the laws regarding these relationships have been terminated. Both same-sex couples and opposite-sex couples now have a choice between civil unions and marriage.

If you hold a Domestic Partnership Certificate, you do not automatically qualify for the rights that married spouses enjoy, such as benefits, survivorship, or ownership rights. Your domestic partnership is still a matter of public record, thus maintaining its validity; however, no future Domestic Partnership Certificates will be issued. The term “domestic partnership” now refers to an informal, long-term, committed relationship rather than a legally binding union.

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 Posted on December 05,2018 in Divorce

Whether you and your spouse have discussed the possible end of your marriage in detail or you are silently debating your options, once divorce becomes inevitable, there are several steps you need to take to protect your interests during the divorce process. Before filing, set yourself up for success with these tips:

1. Begin Building Your Credit

Spouses often discover post-divorce that they have built up their spouse’s credit while neglecting their own. Without a good credit score, down payments for utilities and housing are often significantly higher, if you are able to get approved in the first place. Open a credit card now and use it to make small purchases that you can pay off each month. The goal is not to create a pile of debt; it is to prepare yourself for future success.

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 Posted on November 30,2018 in Postnuptial Agreements

Marriage is more than love and romance. The union is comprised of many facets, not the least of which is the financial component. One must remember that above all, marriage is a legal contract, and unless an agreement exists stating otherwise, “What is mine is yours" is the general rule that will be followed. Under Illinois law, any property or debt acquired during a marriage is considered marital property, meaning both parties have an equal claim to these assets in the case of divorce. Although this may seem trivial when everything is sunshine and rainbows during a marriage, it can be extremely detrimental should the union fail. To address these issues, a postnuptial agreement can protect your interests if your relationship encounters difficulty.

A Logical Look to the Future

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 Posted on November 27,2018 in Divorce Mediation

For those exploring the options of divorce, mediation is often new and unexplored territory. Most people envision divorce as consisting of ugly courtroom battles between two feuding spouses, with attorneys interjecting “Objection!” whenever appropriate. While some situations certainly escalate to meet this expectation, a significant portion of the population is opting for the less stressful, less costly, and frequently more beneficial alternative known as mediation. During divorce mediation, the two parties work to reach an agreement with the assistance of a knowledgeable and neutral third party.

An Option Between DIY and Litigation

Some people refer to mediation as “divorcing without attorneys.” This is partially correct, since the two parties reach an agreement together in private, rather than leaving the future up to an impartial judge in a public courtroom. However, rather than you and your spouse sitting at a computer attempting to navigate the murky waters of divorce papers, a neutral third party is present to guide the conversation. Although it is possible to use a non-attorney mediator, a lawyer has the legal training and experience necessary to provide the sound legal advice essential to create a lasting and beneficial agreement.

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 Posted on November 20,2018 in Divorce

Divorce can cause a great deal of financial upheaval for a family. However, the divorce itself does not have a direct impact on your credit score. The divorce decree does not add or remove points from your existing number, but the financial outcome after the divorce can still play a significant role in what happens to your score. Here is what can go wrong and how to prevent damage to your score:

Responsibility for Joint Debts

Creditors want their money. They do not care if you got a divorce, nor do they care whether a judge proclaimed that one spouse is responsible for the balance on the joint credit card. If your name is on the account as a co-signer, an authorized user, or a joint account holder, you are also financially liable for these debts. The divorce decision does not negate the existing agreement you have with the lender.

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 Posted on November 19,2018 in Divorce

Although ultimately, only you and your spouse know if divorce is right for your situation, relationship experts agree that there are factors that exist that decrease the likelihood of long-term marital success. Just as the presence of risk factors in your physical health does not mean that you will definitely receive a diagnosis, these factors do not mean that your marriage will ultimately result in divorce. The existence of these risk factors only means that you and your spouse will likely need to make a conscious effort to overcome these obstacles, typically through communication and compromise. Some common circumstances that increase the risk of divorce include:

Your Parents Divorced

Divorce impacts children significantly, and experiencing their parents’ divorce can affect their own relationships. However, a recent study indicated that biology also plays a role in the likelihood of divorce. A study published in Psychological Science researched adopted children, and the results indicate that the divorce pattern of adopted children more closely resembles that of their biological parents, rather than their adoptive parents. The conclusion the researchers found was that biologically inherited personality traits may play a larger role in the risk of divorce, rather than whether children witnessed a divorce in their own lives.

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 Posted on November 13,2018 in Child Custody

f you and your ex-spouse find yourselves unable to reach an agreement when it comes to child custody during your divorce, a judge will create an arrangement for you. An “allocation of parental responsibility” judgment created in court is based primarily upon Illinois law and what the judge considers to be in the best interests of the children, but it will not always work with the lifestyle of your family. When arguing your case in court, your goal is to represent beyond any doubt that more time with you is what is best for your children. Use these tips to help strengthen your case:

1. Educate Yourself

It is essential to understand that every state has a unique set of laws surrounding child custody. To best prepare your case, you should thoroughly investigate the laws and the factors a judge will use to make their decision. In Illinois, judgments of how to allocate parenting time and parental responsibility are based entirely on the best interests of the children, and the factors a judge will consider include:

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 Posted on November 08,2018 in Paternity

Becoming a parent is one of the many significant milestones in life. It is a chance for you to pass on your knowledge and your legacy to the next generation. As we quickly discover, that legacy is well-earned through the many responsibilities we undertake as parents. We must make an enormous amount of decisions and sacrifices for our children, including providing for their medical care and education, as well as the financial costs required to provide them with an acceptable standard of living.

Unfortunately, information sometimes emerges that paternity is no longer certain, and a parent may be providing for a child who belongs to someone else. This emotionally charged situation happens more than you might guess. For this reason, there is a set legal procedure for disestablishing paternity, which effectively severs the obligation to pay child support or other financial requirements in the future.

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 Posted on November 06,2018 in Uncategorized

Our society becomes increasingly mobile with each passing year. Some of the top reasons to move often include a new employment opportunity or a desire to relocate to a new community. Another leading reason for relocation is a change in marital status. After a divorce, a person who has moved to a new city with their spouse may opt to return to their hometown, where they will have a more extensive support system. However, relocating with children after a divorce is not as easy as packing a bag and driving away. When planning for child relocation, parents in Illinois should be sure to understand the legal ramifications of their move.

Review the Terms of the Divorce Agreement

When you choose to move with your child, especially if you are planning to move out of state, you will be disrupting the parenting time (visitation) rights of the other parent. As part of your divorce decree, you may have temporary or permanent court orders outlining any rules or restrictions for moving. Choosing to ignore these orders may jeopardize your future with your children, and you could even be held in contempt of court, a charge which has serious legal repercussions.

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