Posted on October 15, 2018 in Divorce

Under the law in Illinois, children have to right to expect financial support from both parents, regardless of the adults’ marital situation. The same is not true, however, for divorcing spouses. While there may be situations in which long-term spousal maintenance is appropriate, there is no inherent assumption that it will be granted. Instead, in the absence of an agreement either at the time of divorce or prior, such as a prenuptial agreement, the court will examine the applicable circumstances and decide if an order for spousal support is necessary.

Negotiated Maintenance and Prenuptial Agreements

Most aspects of divorce can be settled fairly amicably through the process of negotiation. You and your spouse may be able to reach an agreement regarding spousal support with an arrangement that works for your particular situation. Spousal maintenance provisions can also be included in a prenuptial agreement, created prior to your marriage. As long as such agreements are workable and relatively fair, they are likely to be accepted by the court.

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 Posted on October 08, 2018 in Divorce

While the divorce rate seems to be leveling out for most age groups—and possibly dropping for some demographics--there is one in particular in which divorce is more common than ever. Depending upon your perspective, it may come as a surprise to learn that the divorce rate among people age 50 and older today is twice what it was a quarter-century ago. For the 65 and older age group, the rate of divorce has more than doubled. During the same period, the divorce rate for virtually every other age group has remained the same or has fallen. So what is causing the increase in older divorce, or, as some call it, gray divorce? While the explanation is probably not to be found in just a single factor, there are a number of things that may be playing a role.

Not the First Time

One of the contributing factors to increase in gray divorce is the idea that second marriages among all age groups fail at a much higher rate than first marriages, and third or subsequent marriages even more so. Just based on pure probability, and with remarriage rates at record-highs, more and more older Americans are in the midst of a second or third marriages, making them at least two and a half times more likely to experience a divorce.

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 Posted on October 04, 2018 in Child Custody

When you are in the midst of a divorce, it may seem very tempting to just sit back and the let a judge make the difficult decisions. Of course, this approach fails to account for the multiple court appearances that will be probably be necessary, and the fact that you will still need to provide the court with all of the information and evidence relevant to your case. Divorce laws in Illinois explicitly promote amicable agreements between divorcing spouses whenever possible. Divorcing parents, in particular, are expected to work together in developing a plan for cooperative parenting and protecting their children’s best interests.

Parents Know Best

There are many examples in Illinois family law indicating that a court must presume that parents will act in the best interest of their child. This is based on the idea that, unless proven otherwise, parents are equipped to fully understand the situation at hand and to make decisions for their child that are ultimately beneficial.

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 Posted on October 01, 2018 in Child Custody

When you share parenting time of your child with your ex-spouse, your ability to control what the other parent does with his or her time is limited. Unless the child is being placed in danger, your former partner is essentially free to parent as he or she sees fit. For the most part, as long as your child is happy and safe, you are probably able to accept this particular aspect of post-divorce co-parenting. However, what about the times when the other parent needs to hire a babysitter or make other childcare arrangements during his or her parenting time? Do you have any say in the matter? Depending upon the terms of your parenting plan or parental responsibilities order, you may, in fact, have certain rights.

First Refusal

The Illinois Marriage and Dissolution of Marriage Act provides that divorced, separated, or unmarried parents may include the right of first refusal in their parenting agreement. As such, it important to understand what that right entails. According to the law, the right of first refusal means that if a parent intends to leave his or her child with a “substitute child-care provider for a significant period of time,” the parent must first offer the other parent the opportunity to care for the child. In other words, if the right of first refusal is included in your agreement and you need a sitter for a significant period of time, you must first ask the other parent if he or she wants to care for your child.

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 Posted on September 28, 2018 in Finances and Divorce

One of the biggest struggles for many divorcing couples is determining which party, if either, will get to keep the marital home and how the finances can be arranged to make it happen. When you and your spouse share a mortgage on a home, ending one party’s responsibility is not usually as simple as taking his or her name off of the note. If you are intending to keep the home, transferring the mortgage into your name alone is a process that may take months or even years, and preparation is absolutely vital.

Review the Feasibility

Before jumping in, you need to take an in-depth look at what your post-divorce financial situation will look like. If you are like most people going through a divorce, it is important to keep in mind that you will be required to support yourself—with or without some help from spousal maintenance—on a single income. You will want to make sure that you cannot only afford the mortgage payments but also all of the expenses associated with owning a home as well, including taxes, utilities, repairs, insurance, and more.

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 Posted on September 25, 2018 in Divorce

Getting a divorce can be one of the most complicated and stressful experiences of a person’s life. Individuals with a high net worth, business owners, and divorcing spouses with children generally have the most complex divorces. Childless couples or couples who do not own property often have easier, faster divorces, but of course, there are countless factors that contribute to how a marriage ends. Whether your particular situation has confounding factors or not, there are a few steps you can take to make your divorce go as painlessly as possible. If you are planning to divorce your spouse, read on to learn about the most common divorce mistakes and how you can avoid them.

Classic Mistake 1: Overvaluing Your Financial Scenario

The Monty Python boys told us to “Always look on the bright side of life.” While optimism is a valuable tool in many situations, those getting a divorce should be careful not to be too optimistic when analyzing their financial situation. You and your soon-to-be-ex-spouse will have an opportunity to divide your combined property as a part of the divorce. Some divorcing individuals make the mistake of overestimating the financial burden they can realistically manage. For example, a spouse may have a great sentimental attachment to the family home, but would struggle to make the mortgage payment by himself or herself. In a situation such as this, it may be best to sell the family home and split the profits instead.

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 Posted on September 19, 2018 in Divorce

Any time researchers try to find trends in the divorce rate, there is always a "which comes first" debate that takes place. For example, when looking at professions or occupations that are more prone to divorce, the question must be asked, "Does this profession increase the likelihood of divorce or is the type of person more prone to divorce, for whatever reason, more inclined to work in this field?" Whatever the case may be, there is little question that divorce is more common among those who work in particular industries or jobs, and many such occupations have very similar stresses and challenges.

Police, Firefighters, and Armed Service Members

While it is difficult to imagine modern life without individuals who have committed themselves to public safety and national defense, these jobs are not without their downsides. Police officers and fire fighters often work long shifts, with a great deal of stress added to the equation. Servicemen and women spend months at a time away from their spouses and families, frequently leading to communication issues and deteriorating relationships

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 Posted on September 17, 2018 in Divorce

When you are preparing for a divorce, parental responsibilities proceeding, or any other matter of family law, the attorney you choose can absolutely affect the outcome of your case. You need a lawyer who is not only knowledgeable and well-versed in the law, but also shares your values and who can incorporate them in advocating on your behalf. To find the right attorney, you will need to consider a number of factors. Before making a final decision, interview several potential candidates and do not be afraid to ask lots of questions such as:

What is your experience?

Does the attorney practice primarily family law or is he or she a personal injury lawyer that sometimes handles divorce cases? The level of commitment you can expect is often evident in the answer to this question.

How many cases do you handle and how many go to trial?

Some attorneys thrive on litigation, while others see the courtroom as a battlefield of last resort. A high rate of litigated cases can mean one of two things: the attorney accepts a large number of clients who stubbornly refuse to negotiate; or the lawyer may struggle with finding mutually acceptable solutions.

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 Posted on September 14, 2018 in Child Custody

When you are involved in a dispute over parental responsibilities or other concerns related to your children, it can be difficult to maintain objectivity, especially if the relationship between you and the other party is not ideal. Divorce situations are especially prone to acrimony and contentiousness, and unfortunately, the best interests of the child can be somewhat lost among the myriad of other considerations. A court-appointed attorney known as a guardian ad litem, however, can help refocus the proceedings on the child’s well-being, thanks to provisions offered by Illinois law.

What is a Guardian ad Litem?

Unlike other types of guardianship, such as those covered by the Illinois Probate Act, which provide far-reaching authority over another person’s interests for an indefinite period of time, the guardian ad litem, or GAL, is appointed for the specified proceeding. In fact, the Latin phrase "ad litem" translates to English as "for the suit." While GALs may serve similar purposes in other areas of law, they are most commonly utilized in family law situations on behalf of a child’s interests. In Illinois, a GAL is required to be a licensed attorney, properly trained and qualified to serve in such a capacity.

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 Posted on September 11, 2018 in Divorce

If you and your spouse are at the point where divorce has transformed from a possibility to a near-certainty, it is time to start thinking about the road ahead. Obviously, it is important to consider your post-divorce life, including where you might live and restructuring your household budget to account for your changing financial circumstances. However, the divorce process itself requires a significant amount of planning and consideration, and being intentional about it can help reduce your stress and confusion.

Deciding to Work Together

A divorce does not need to be nasty and chaotic. In fact, Illinois law includes a number of provisions that encourage divorcing spouses to negotiate, cooperate, and develop workable agreements. If you hope to do so, you and your spouse will need to decide early on that this is what you want. By committing to cooperation, your informal conversations can start right away, and the conclusions that you reach can be later captured in your formal agreement. Of course, your initial commitment is just the first step. You might need to remind yourself repeatedly that cooperation is better than months of drawn-out bitterness.

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