Posted on August 15,2018 in DuPage County Divorce Attorneys

While the “half of all marriages end in divorce” idea is not entirely accurate, divorce has become a common enough occurrence that many people look to keep their costs down by using do-it-yourself legal websites and filing their own documents. In some cases, this approach may work out fine, but most couples will save time, stress, and yes, even money by working with a qualified divorce attorney. There are many reasons to partner with a skilled lawyer during your divorce, including these most common ones:

1. Experience Matters

A family law firm handles divorce cases every day. This means even relatively young lawyers quickly gain experience with all types of circumstances and unique challenges. Lawyers understand the law, know the local court systems, and are often familiar with the judges themselves. Legal professionals can also bring up important issues that a divorcing couple may not think about when managing a divorce on their own.

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 Posted on August 13,2018 in Marital Property

In the movies and on television, casual references to divorce and property division seem to promote the idea that divorcing spouses will automatically split their assets down the middle, with each person getting an equal share. While there may be some level of truth to that assumption in certain states, the reality in Illinois is often much more complex. Divorce and property division statutes in the state require the equitable distribution of marital assets, which means fair and just, not necessarily equal.

Negotiated Agreements

As with most aspects of divorce, there is no requirement that all decisions must be left up to the court. You and your spouse are able to work out a property division agreement that is reasonable and meets the needs of all involved parties. If the resulting agreement is not unconscionably one-sided and you and your spouse voluntarily agree to its terms, the court is very likely to approve it and incorporate it into your divorce settlement. Such an agreement, however, is not always possible; in which case, the court must intervene and make a determination.

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 Posted on August 08,2018 in Divorce Mediation

When you think about the legal process of divorce, do you picture a wood-trimmed courtroom with a spouse on either side and judge in the center to facilitate the standoff? This mental picture may not be exactly accurate, but it would probably be similar to the image of a divorce that most people would conjure.

What you might not know, however, is that the overwhelming majority of all civil cases—which include divorces—are not decided by a judge or jury in a courtroom. Rather, they are resolved through negotiations between the parties, and the judge’s primary role is to approve the agreement the parties have reached. One of the most common ways in which a divorcing couple reaches an agreement is through mediation. Divorce mediation offers several benefits compared to a litigated divorce, including time and money savings, scheduling flexibility, and a higher level of participation from both spouses. There is also the often-forgotten advantage of substantially increased privacy and personal security.

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 Posted on August 06,2018 in Divorce

If you have considered ending your marriage or have decided to divorce, you probably have questions about what will happen to all the accumulated property you and your spouse have. If you and your soon-to-be-ex are able to, you may decide how you divide things like residential property, furniture, vehicles, collectables, and bank accounts on your own. However, if you and your spouse are not able to come to an agreement about property division, the courts will be forced to intervene.

Illinois Courts Divide Property Based on What Is Equitable

States differ significantly on how property division is handled during divorce. Some states simply split a couples’ combined estate 50/50 and give half of all property or assets to one spouse and half to the other. Illinois, on the other hand, uses a set of guidelines called “equitable distribution” to divide assets during divorce. This method does not necessarily divide assets equally, but instead takes into consideration many factors to decide what is the most reasonable and fair way to distribute property.

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 Posted on August 01,2018 in Children of Divorce

If you and your spouse are considering calling it ending your marriage, you probably have many concerns. Divorce will almost certainly have an affect on your finances, living situation, and especially your children. What should you expect your children to experience and feel if you and your spouse go your separate ways? Every situation is unique, but experts largely agree that there are some common things to be aware of when it comes to how divorce will impact your child.

Common Responses Children Tend to Have

It not unusual for you to see behavioral changes in your child during a separation or divorce. Some kids will act noticeably different at first and then adjust over time, while others may keep feelings inside and not immediately react to their changes in their family. In fact, some children will have no reaction at all to the news that their parents are getting divorced. It takes time for kids to process and understand what is happening and what it means for them.

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 Posted on July 30,2018 in Child Custody

If you currently share custody of children with an ex or are planning to get divorced as a parent, you probably have many questions. Some parents wonder what will happen if they need to move out of state while in a shared custody scenario. Perhaps a job opportunity or new significant other necessitates the move, or maybe the parent wants to be near extended family. Whatever the reason, moving out of state as a parent sharing custody is possible, but there are a few things you should keep in mind.

You Will Need Approval from the Illinois Court System

The Illinois Marriage and Dissolution of Marriage Act specifies the procedure for when a parent wishes to move out of state. Before a parent in a shared custody scenario can relocate a child from Illinois to a new state, he or she must seek court approval. The primary custodial parent is the parent with more parenting time. Many people incorrectly assume that a primary custodian has the authority to move a child at will, but this is not the case. Both the primary guardian of the child as well as the other parent sharing custody are subject to this requirement. The court is tasked with hearing the reasons a parent wants to move as well as determining if relocating the child is in his or her best interest. The burden of proving that the move is in the child’s best interest lies with the parent requesting the relocation.

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 Posted on July 24,2018 in Divorce

A divorce can be an extremely expensive undertaking in terms of both money and time invested. As a matter of fact, most individuals who are thinking about a divorce tend to ask about the associated costs as one of their first questions. It is impossible to predict exactly how much your divorce will cost you, as the related expenses can vary dramatically from case to case. Your costs will largely depend on the circumstances of your situation, the level of cooperation between you and your spouse, and your expectations regarding the outcome.

Planning Ahead

Preparation is among the most important ways that you can facilitate a cost-effective divorce. Your planning should begin several months before you file your divorce petition. To begin, make a comprehensive list of what you own, including both marital and non-marital property, and think about what your priorities are. Decide which things you want to keep, which things your spouse can have, and which things could go either way. If both of you agree that a divorce is your best course of action, you may be surprised at how well can cooperate at this point.

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 Posted on July 20,2018 in Alimony/Spousal Support

While times have changed and there is no longer a cultural expectation for a parent—usually a mother—to sacrifice their career and stay home to raise a couple’s children, many couples choose such an arrangement. A stay-at-home parent plays a very important, and often underestimated, role in not only the lives of the children but in the running of the household as well. A divorce, however, can have a significant impact on a stay-at-home parent, as the parent may face serious financial concerns. If you are a stay-at-home parent facing the possibility of a divorce, there are some options that could help minimize the impact of the split.

Maintenance Laws in Illinois

The primary method of helping stay-at-home parents after divorce is called “maintenance” in Illinois law. Also known as alimony or spousal support, maintenance refers to payments made by one spouse to the other following a divorce. Under Illinois law, maintenance is not automatic and it is only awarded when the parties agree to it or the court determines that a need for it exists. You being a stay-at-home parent might be a major consideration, but there are other factors that the court must take into account as well, including:

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 Posted on July 17,2018 in Divorce

If you are considering a divorce or you have made the decision to end your marriage, you may be getting all sorts of advice from family members and friends. There is a good chance that some of them have recommended hiring an attorney—and they probably have just the right lawyer for you. While whatever attorneys they have in mind may have helped them in the past, you need to select a divorce attorney who is the best fit for you and your situation.

At our firm, we encourage potential clients to ask as many questions as they would like and to learn more about our lawyers before making any decisions. During these conversations, many individuals ask similar questions—questions are that extremely important in helping people choose a lawyer and a law firm. It is up to you to decide what constitutes a satisfactory response, but the lawyer you select should be able to answer questions such as:

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 Posted on July 12,2018 in Divorce

Right this moment, you can probably think of at least one couple that you know who are living separately but who have not yet filed for divorce. When a couple is having marital problems, it is not uncommon for one spouse to find a new place to live while making decisions about the future of the relationship. This happens so frequently that most people would not consider filing for a divorce while continuing to live in the same home as their partner.

It is important to understand that just because something happens frequently does not make it a requirement. You might be somewhat surprised to discover that the law in Illinois previously required a period of living separate and apart prior to a divorce, but the requirement no longer exists. Today, a couple looking to get divorced could potentially do so without any type of separation at all.

An Antiquated Approach

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