Posted on May 31, 2023 in Divorce

Divorce is a difficult and highly emotional process. It often requires making decisions that have long-term financial, legal, and social consequences. When going through the divorce proceedings in Illinois, there are numerous mistakes you should avoid to ensure the best outcome for yourself and your family. This article will discuss common mistakes to avoid during an Illinois divorce proceeding.

Letting Emotions Get in the Way

Although divorce is a highly emotional process, controlling your emotions during the legal procedures is crucial. Your emotions can hinder rational judgment and push you towards decisions that might not be favorable for you. To ensure the best outcome, it is critical to concentrate on the matters at hand and collaborate with your lawyer to build a plan grounded on facts rather than feelings.

Failing to Understand Your Financial Situation

Divorce can significantly impact your finances, so it is essential to clearly understand your financial situation before and during the divorce proceedings. This includes understanding your assets, debts, income, and expenses. Not knowing your financial circumstances can result in a settlement, not in your favor.

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 Posted on May 29, 2023 in Collaborative Law

It is not only the choice to end your marriage that will be difficult; there will also be other challenging decisions to make during the divorce proceedings. One of the most critical choices you’ll need to make is if to go for mediation or litigation for your Illinois divorce. While both processes can help resolve, each has pros and cons that must be weighed. This article will discuss the critical differences between mediation and litigation so that you can decide which is suitable for your situation.

Mediation in Illinois Divorce Cases

Mediation is a voluntary process where a neutral third-party mediator helps the parties reach mutually agreeable solutions to their divorce issues. It can be a more cost-effective and efficient alternative to litigation, but both parties must agree to participate.

Mediation is suitable for couples who prefer working together to resolve their issues and want to avoid the costs and duration of litigation. Some divorce cases in Illinois require mediation, mainly if there is a dispute over child custody. The court can mandate mediation before a trial for parties involved in such cases.

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 Posted on May 24, 2023 in Child Custody

If a parent has a substance abuse problem, it can seriously impact a child custody case. Suppose you are involved in an Illinois child custody case and are worried about how substance abuse may affect your situation. In that case, it is essential to have a clear understanding of the potential impact. Here’s what you should be aware of.

Substance Abuse and the Best Interests of the Child

In Illinois, the court’s primary consideration in a child custody case is the child’s best interests. When one parent has a substance abuse problem, the court will consider several factors to determine what is in the child’s best interests. These factors may include:

• The nature and extent of the substance abuse problem
• The parent’s ability to provide a safe and stable environment for the child
• The parent’s willingness to seek treatment for the substance abuse problem
• The impact of the substance abuse on the child’s physical, emotional, and mental health

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 Posted on May 19, 2023 in Property Division

During a divorce in Illinois, inheriting assets can cause conflict between couples. It is possible to protect your inheritance by taking specific steps. Here are some essential points to consider.

Understand Illinois’ Property Division Laws

In Illinois, when a couple divorces, the assets are divided fairly, but not necessarily equally, based on the principle of “equitable distribution.” If you inherit assets, they are generally considered separate property and are not subject to division in a divorce. However, if you mix the inherited assets with marital assets or use the inherited funds for marital expenses, your spouse may be able to claim a portion of the inheritance.

Keep Your Inheritance Separate

Keeping your inheritance separate from your marital assets is crucial to safeguard it. This involves not mixing your inheritance with marital property and keeping it in an account under your name. Also, do not use the inherited money for any marital expenses, as it can invite a claim from your spouse for a share in the inheritance.

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 Posted on May 11, 2023 in Finances & Divorce

Going through a divorce can be difficult and can take a toll on you emotionally. Updating your estate plan during this time can make things more complicated. It is essential to examine and validate that your will, trust, power of attorney, and beneficiary designations are accurate for your current situation and that your assets are safeguarded in line with your desires.

Updating Your Estate Plan

One of the most important things you can do is review and update your estate plan while going through a divorce. This process involves evaluating your will, trust, power of attorney, and named beneficiaries to make sure they match your current reality and protect your assets according to your wishes.

Without updating your estate plan, you may find yourself in a situation where your ex-spouse is able to take control of assets that were meant for someone else after your death. This could include inheritances, IRAs, health insurance plans, and more.

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 Posted on May 04, 2023 in Child Custody

Divorce can be challenging, particularly when there are children involved. The difficulty increases when the children have special needs, as they need extra care and resources. With the right resources and knowledge, you can go through a divorce with less overwhelm. Here are some areas you should know about.

Child Custody and Support

When parents with special needs children divorce in Illinois, determining child custody and support is a significant issue. The child’s well-being is the top priority when custody decisions are made. This considers the child’s physical and emotional needs, the parent’s capability to care for the child, and the child’s bond with each parent.

If a special needs child needs more care or support, it can affect how custody is handled. The parent who has been the main caregiver and has a close relationship with the child may be more likely to get primary physical custody. However, joint custody may be a better option if both parents have been equally involved in the child’s care.

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 Posted on April 24, 2023 in Finances & Divorce

A divorce entails much more than simply the ending of a marriage. Parties must also divide and allocate property or assets earned throughout the marriage. This can often be a difficult task for parties. This process involves thorough and thoughtful negotiation, however, if the parties are going through a difficult divorce, then there might be some fear that a party may be hiding assets from the other. Hiding assets is not only unlawful, but if caught, it can significantly impact the overall outcome of the divorce. If you believe your spouse could be hiding assets from you, knowing what to look out for is essential so you can act on it promptly.

Things To Look Out For

Almost every aspect of a divorce revolves around finances. In some cases, a spouse will try to get an advantage by undervaluing certain assets, overvaluing debts, or even failing to disclose assets. If you are getting a divorce and fear that your spouse may be trying to manipulate the outcome by hiding assets, here are some things to look out for:

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 Posted on April 21, 2023 in Child Custody

Divorce can be a very taxing thing to go through, especially if there are children involved. It is in the best interest of both parents and the child for the parties to negotiate and work together to negotiate the best way to decide custody. Each parent should create a parenting plan, either together or separately, that outlines how they want to share parental responsibilities and parenting time. An IMDMA's parental allocation follows the general concept of custody but allows for more flexibility and detailed arrangements. Under Illinois law, caretaking functions include:

• Supervising the child’s safety and well-being
• Providing meals, bathing, grooming, and clothing
• Providing transportation to school, activities, or appointments
• Obtaining medical care or treatment for the child
• Monitoring the child’s academic progress
• Help with homework, studying, or other school-related tasks

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 Posted on April 18, 2023 in Property Division

In Illinois, the division of assets is split equitably between the two parties. However, things can get complicated when distinguishing between marital property and non-marital property. Everything that is gained and bought during a marriage may be considered to be marital property. But, under unique circumstances, what is considered equitable may vary. It may be in the parties' best interest to work together, as well as with an experienced divorce attorney who can help navigate through this process and help make sure that your property and assets are protected from division.

Property Rights

Property purchased, sold, or owned by a married couple is similar to a single person who does these things. Once a party files for divorce, the court prohibits both of them from disposing of property in any way without the court's permission. The court will decide the right way to divide the property.

Marital Property

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 Posted on April 12, 2023 in Child Support

If there have been changes to your child’s needs or a parent’s financial situation, modifying your child support order might be necessary. An Illinois child support order can be reviewed for modification every three years. Still, if there are significant changes in circumstances, the court may allow the modification to happen before the three-year mark. You must file the correct paperwork when deciding to make modifications. A child support attorney can help.

Grounds for Modification

The court will then listen to your case if it has one of the following:

• A substantial change in either parent’s financial situation
• It has been at least three years since the child support plan was put into order
• If the previous order did not address healthcare coverage for the child
• If a written request is for review by DCSS from a custodial parent, non-custodial parent, or another state

Reasons For Modifications

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