Posted on September 10, 2018 in Child Support

There are many different reasons that a child may require additional financial support from a parent. If a child’s parents were not married or together when the child was born, child support helps distribute the child’s expenses between both parents. This helps safeguard against one parent being saddled with the entirety of the financial burden associated with raising a child.

Child support also acts as a way of holding parents’ accountable for paying their fair share of costs like tuition, child care, housing, food, clothing, and others. The courts can help parents reach a child support arrangement which is reasonable and fair for both parents. The court also has the authority to intervene when a parent is not living up to the agreed upon child support commitment.

Some unmarried parents try to arrange an informal child support plan. They exchange money intended to help support the child outside of the rules and regulations of the courts. Unfortunately, this often results in unreliable child support payments, support nonpayment, ineffective parent-to-parent communication, and a generous amount of stress for everyone involved.

Continue Reading ››

 Posted on September 04, 2018 in Child Custody

Prior to 2016, the excessive use or abuse of alcohol or illegal drugs by one spouse was a valid grounds for divorce in Illinois. When all fault grounds were eliminated in the state in 2016, irreconcilable differences became the only official reason for which a couple could seek a divorce. The reality, however, is that substance abuse is a real problem in many marriages, especially if the couple has children together. In the wake of a divorce, drug abuse can and may continue to affect parental responsibilities and each parent’s right to parenting time.

Dividing Parental Responsibilities

When you, as a parent, get divorced, you and the other parent are expected by law to come up with a reasonable agreement regarding parenting your child. Before your agreement will be approved, the court will read it over and decide whether the terms reflect the child’s best interests. If the court does not approve the proposal, or if you the parents cannot reach an agreement, the court will determine how parental responsibilities will be allocated. In doing so, the court must consider many different factors and create an arrangement to meet the needs of the child.

Continue Reading ››

 Posted on August 28, 2018 in Divorce

Infidelity is a common cause of marital stress and can contribute to the decision to end a marriage through divorce. Of course, affairs do not always involve secret meetings in hotel rooms or even any physical contact at all. Emotional affairs, meaning infidelity without a sexual or physical component, can develop when married spouses form close, intimate relationships with others outside of their marriage. It can be extremely difficult to determine when a friendship becomes an emotional affair. It is up to every married couple to make their own boundaries and decisions regarding what behavior constitutes infidelity. That being said, emotional infidelity often escalates into a full-blown affair. Many marriages have met "the beginning of the end" due to emotional affairs.

Deceit is Often the First Sign of an Emotional Affair

With the proliferation of social networking websites like Facebook, Instagram, LinkedIn, and Twitter it is easier than ever to connect with others. Twenty years ago, when high school sweethearts split up, they would generally only meet again if they happened to stay in their hometown. Today, most of us stay in constant digital connection with friends and ex-lovers from our past. It can be hard to know when a friendship becomes too friendly for a married person. One telltale sign that a relationship is bordering on an affair is when a spouse starts to hide information about the relationship from his or her spouse. If your significant other has a relationship with a person whom they are very secretive about, this could be a red flag that an emotional affair is evolving.

Continue Reading ››

 Posted on August 24, 2018 in Divorce

You did not get married in the hope or intention that, one day, you would get divorced. If you and your spouse are like most people, you almost certainly walked down the aisle with fantasies of a happy life together, no matter what obstacles life put in your way. The reality, however, is that the “happily ever after” ending is not always possible for a given couple—at least not together. Fortunately, it may be possible for you to re-establish yourself in the wake of your divorced and to find the happiness you never dreamed possible, especially as you struggled through an unhappy or unhealthy marriage.

Free to Be You

When you entered into your marriage, you likely gave up some of yourself. Many spouses sacrifice party of their identity in order to forge a new one as a couple. Investing in the marriage is not always a bad thing, but when the relationship goes south, it can make you feel like you lost a part of yourself. During and after you divorced, take some time to discover who you are now, who you wish to be in the future, and how you might get there. Give yourself the liberty to look into new hobbies and ideas—maybe even career choices. It is no longer important what your spouse thinks or wants. This time is about you. Regaining a sense of yourself can help you acclimate to your post-divorce life.

Continue Reading ››

 Posted on August 22, 2018 in Child Custody

One of the most challenging aspects of being a divorced or unmarried parent is the idea of sharing parental duties with your former partner. Each person often has an idea of how a should be raised, and these ideas may vary—even when both parents are reasonable and have good intentions. Conflicting parenting ideas can lead to confusion and uncertainty on the part of the child, so it is important for parents to cooperate in creating a parenting plan that lays out each parent’s role in regard to making significant decisions that affect the child.

Defining Significant Decisions

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), significant decisions include those related to “issues of long-term importance in the life of the child.” The IMDMA offers several examples of concerns that are considered to be significant decisions, including:

Continue Reading ››

 Posted on August 15, 2018 in Divorce

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.

Continue Reading ››

 Posted on August 13, 2018 in Asset Division

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.

Continue Reading ››

 Posted on August 08, 2018 in 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.

Continue Reading ››

 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.

Continue Reading ››

 Posted on August 01, 2018 in 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.

Continue Reading ››