Posted on July 10,2018 in Divorce

The Holmes-Rahe Life Stress Inventory ranks the emotional burden of difficult life events. On the list are things like the loss of a loved one, getting fired from a job, and changing careers. Divorce is ranked as the second-most traumatic life event a person can experience. Only the death of a spouse is considered more emotionally-taxing than divorce. If you are going through a divorce, or soon will be, it is imperative that you take time to look after your own health—both physically and emotionally. There is no perfect way to manage the trauma caused by divorce, but experts do have suggestions for keeping yourself as healthy as possible during divorce.

Accept That There Is No Right Way to Feel

Everyone experiences divorce differently. Some individuals are consumed by rage and must constantly check their anger while handling the end of their marriage. Others experience sadness and grief akin to suffering the death of a loved one. Still others feel a great sense of relief or even joy at the thought of ending an unhappy marriage. Whatever your feelings or reactions to the end of your marriage, know that it is okay to feel them. You will probably not experience divorce the same way your friends, family members, or co-workers do. If you are struggling to handle the intense emotions which go along with divorce, guidance from a therapist or counselor can be valuable.

Continue Reading ››

 Posted on July 06,2018 in Divorce

If your spouse has filed a petition for divorce, he or she had the choice of where the file the petition. This means that your spouse selected the county in which the proceedings for your divorce will take place. You may be somewhat surprised to know that you are not necessarily stuck with the choice your spouse made. He or she may have initiated the divorce action, but you have the right to file an objection to the selected venue. You do, however, need to act quickly.

Understanding Venue

In the practice of the law, the word “venue” means the court system where a given case is heard. It can refer to a county court or a federal district court, but for a divorce in Illinois, a case will be heard in the circuit court of the selected county. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides that a divorce case should be held in the county where at least one of the spouses lives. For example, if the couple has separated, and the wife moved to DuPage County while her husband moved to Will County, the law presumes that the couple will for divorce in either of those counties.

Continue Reading ››

 Posted on July 02,2018 in Prenuptial Agreement in Illinois

Prenuptial agreements, also called premarital agreements or “prenups,” are beneficial legal tools couples can use to manage and protect assets. Although they are often associated with celebrity marriages, prenups are not only for the rich and famous. Anyone can benefit from the protections offered through this valuable legal tool, but those who choose to create a prenup must be sure to do it correctly. It is not uncommon for a couple to think that they have a legally-binding prenuptial agreement only to discover it is unenforceable during a divorce. There are several circumstances which can invalidate a prenuptial agreement.

Prenups Must Meet Certain Criteria to Be Legally-Binding

You may remember the outrageous comedy movie Liar Liar. In the film, Jim Carrey’s character is a divorce attorney helping a less-than-ethical client divorce her husband. Although the movie is filled with exaggerations and inaccuracies, the clip in which the client’s prenuptial agreement is found to be invalid in court is fairly realistic. The client had entered into a prenuptial agreement with her husband upon getting married, but it was discovered that she was only seventeen-years-old when she signed it. Minors cannot enter into legally-enforceable contracts such as a prenuptial agreement. So, if one or both of the individuals were under age 18 upon signing the prenuptial agreement, it will not be valid.

Continue Reading ››

 Posted on June 29,2018 in Divorce

Being cheated on can be one of the most devastating experiences a person can have. The feeling of betrayal and subsequent mistrust can easily ruin a marriage. If you are considering ending your marriage due to infidelity, you probably have many questions. You may wonder, “Will my spouse’s affair affect our divorce?” or “Will I automatically get custody of the children if my spouse cheated?” There have been several changes to Illinois divorce law in the last few years which directly relates to questions such as these. Read on to learn how an affair can affect divorce proceedings in Illinois.

Unfaithfulness Generally Irrelevant to Illinois Divorces

In TV shows and movies, we often see situations in which a cheating spouse loses everything because of their adulterous actions. We see those who have been cheated on boldly declaring that they will never let their spouse see the children again or that they will lose the house because of their affair. As with many legal concepts in television, this portrayal of what happens when a marriage ends due to infidelity is grossly inaccurate. The reality is that affairs generally do not have much relevance in divorce cases.

Continue Reading ››

 Posted on June 28,2018 in Illinois family lawyer

Study after study has shown that children thrive with both parents in their lives. Except for cases involving domestic violence or abuse, having two parents involved in a child’s upbringing is generally greatly beneficial. Even parents who are not married or have gotten divorced are able to work out shared parenting schedules which allow them to both be positive influences to their child. However, according to a new study, Illinois fathers are not enjoying as much parenting time as other fathers around the nation.

Study Investigates Shared Parenting Across the Country

A study has recently been published that puts Illinois fathers at 47^th out of 50 states in terms of the amount of custody they have. Illinois children in shared parenting scenarios only spend about 23 percent of their time with their fathers. The study was conducted by a software company called Custody X Change which creates apps for divorced parents. Researchers compiled data about parenting time arrangements through a survey of legal professionals across the country. This particular study only included shared parenting scenarios in which both parents desired to have custody of their children and excluded cases involving custody restrictions due to criminal convictions.

Continue Reading ››

 Posted on June 27,2018 in Division of Assets

When two people elect to end their marriage through the divorce process, one of the most important issues that must be settled is how the couple will divide their marital property. If you are considering a divorce, you have probably considered questions such as, “Who will keep our home?” and, “Will I get a fair portion of our retirement savings?” In today’s world, however, more couples than ever before also have digital assets in addition to physical property, and it is important to know how digital assets are treated in a divorce.

What Are Digital Assets?

While the term “digital assets” may be unfamiliar to you, you probably own many things that would qualify as digital assets. Digital assets include e-books, electronically stored versions of songs, and downloadable content. Most digital property has no physical representation of the property in question. Consider, for example, music stored in your iTunes library or the apps on your smartphone. They do not exist anywhere else in the physical world, so they are classified as digital assets.

Continue Reading ››

 Posted on June 20,2018 in Divorce

When you are in the midst of a divorce, it is understandable that you might want to vent your feelings and frustrations every once in a while. Some people in such a situation may confide in a close, trusted friend, but others turn to the outlets offered by social media—especially if they believe that the posts will be kept out of public view. Unfortunately, it is often possible for your spouse and his or her lawyer to use your social media posts against you. In the most extreme situations, an ill-conceived or poorly-timed post could even cost you money or time with your children.

What Does Social Media Include?

The majority of people are familiar with the most popular social media networks such as Facebook, Twitter, and Instagram. There are, of course, many other sites and apps like Reddit, Snapchat, and WhatsApp that allow people to interact over the internet. For the purposes of divorce, the term “social media” can also apply to e-mail, text messages, and other forms of digital communication. Messages and photos sent or posted using a cell phone can be considered during a divorce, just as posts made using a desktop computer can.

Continue Reading ››

 Posted on June 18,2018 in Wheaton Divorce Attorney

Divorce is not only a personal decision but also a financial one as well. When a couple has mingled their assets and property through marriage, undoing this entanglement can be quite challenging. There are many things to keep in mind when deciding who will get what during your divorce. Should one of you keep the house or should you sell it? Who will keep which car? Will one of you be required to pay spousal maintenance or child support? Divorce can be costly, both emotionally and financially. During your divorce, make sure to avoid these common financial mistakes.

Letting Pettiness Distract You from Your Goals

Understandably, many divorcing couples struggle to cooperate or even to speak civilly. Marriages that end due to an affair or another breach of trust can be especially hard to end amicably. However, allowing negative emotions to drive your behavior during a divorce can be costly. Some couples end up spending thousands of dollars during divorce litigation arguing over issues that are, in reality, not that important. In order to end your marriage quickly and at minimal cost, you may have to swallow your pride and compromise on some issues.

Continue Reading ››

 Posted on June 13,2018 in Child Support

If you are getting divorced or are an unmarried parent, you probably have several questions about child support. It can be hard to know exactly what you will have to pay when you are the parent with less parenting time and equally hard to predict what you will be given in child support payments as the primary custodian. Child support in Illinois is calculated based on the Income Shares Model which takes both parents’ financial circumstances into consideration.

In Illinois, the final support award is "income driven,” meaning the amount a person must pay in child support is based mostly on the income of the parties. For that reason, it is critical that unmarried or divorcing parents understand what can be considered "income" under Illinois child support law and what resources are excluded from the definition of income.

Continue Reading ››

 Posted on June 11,2018 in Division of Assets

When you decide to pursue a divorce, there are many things to consider. You will need to decide on arrangements for your children, whether to ask for spousal support, and which of you will get to keep certain items that you bought together. But, what about assets that are only titled in your name? Do you automatically get to keep those? The answer is more complicated than a simple “yes” or “no” and requires a more complete understanding of Illinois’ laws regarding marital and non-marital property.

Equitable Distribution

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the marital property of a couple going through a divorce must be divided in a manner that is fair and just, not necessarily equally. This standard is known as “equitable distribution,” and it is used in 41 states plus the District of Columbia. Before marital property can be divided, however, the couple—or the court—must determine which assets are considered to be marital property.

Continue Reading ››