Posted on December 21,2021 in Chicago divorce attorney

Many divorcing couples say that making the final decision to get divorced is one of the toughest decisions they have ever made. Whether a couple decides to get divorced together or only one spouse makes the decision, the impact of divorce affects everybody involved in different ways. When a couple shares children, the emotional challenges of divorce can be especially difficult.

If you are entering the new year and trying to decide whether getting divorced is the right choice for you, here are some things you may want to consider. Remember that an experienced divorce attorney who knows Illinois law is the best person to offer customized answers to your questions.

Predict How Your Spouse Will React

Nobody can read someone else’s mind, but by the time couples have been married for many years, they may as well be able to. Knowing how your spouse is likely to react to a request for divorce can help you plan ahead and take any necessary precautions. Your spouse may initially resist the idea but, depending on how you handle initial discussions, come around to agree that divorce is the best option. Or not. But before you make any decisions, try to consider how your spouse is likely to respond.

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 Posted on December 15,2021 in Division of Property

More and more couples in the United States are filing for “grey divorce,” or divorce in their 50s and beyond. The financial needs and priorities of couples divorcing in their later years are very different from younger couples. Children are usually grown and out of the house, and both spouses may be retired.

One of the hardest parts of getting divorced later in life is managing the division of marital assets. Spouses may disagree about whether there should be spousal maintenance, how savings accounts should be divided, and whether to sell their home or allow one party to continue living in it. It is important to identify your current and future desires and needs when making important financial decisions during divorce so that you can be prepared to move forward with your life after divorce with stability. Here are some important things to consider.

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 Posted on December 10,2021 in Division of Property

Divorcing spouses in Illinois must equitably divide all marital property. Although in theory, this sounds straightforward, in practice, it can become quite complicated. Marital assets are often complex and expensive, and most couples rarely completely own their most valuable asset: The marital home.

Deciding how to handle the marital home can be a point of major dispute. Should spouses sell the home and split the proceeds? Should children be forced to move through no fault of their own? Is it even possible for one spouse to keep the home on their own? All of these are important questions that should be asked and answered. If you are getting divorced and think you may want to negotiate ownership of your marital home, here are four things to consider.

Can You Buy Out Your Spouse’s Value?

If a couple owns their home together, one spouse may be willing to “buy out” the other spouse’s value by giving up their fair share of other marital assets like savings and retirement accounts, vehicles, and more. Spouses may also pay a cash lump sum or give up future spousal support to buy their spouse’s equity in the house. However, this strategy has its risks; giving up savings or other assets to buy a house may leave the homeowner with very little to fall back on in an emergency.

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 Posted on December 03,2021 in Chicago divorce attorney

For many couples, the marital home is their greatest source of equity. In a divorce where all marital property must be divided, the value of the marital home is of great importance to both spouses. Whether one spouse wishes to buy out the other spouse’s value of the home or not, both parties must be aware of important issues, such as how much equity they have and whether their home’s value is underwater. If you are considering divorce and need to get your home appraised, here are four tips to prepare you for the appraisal so you can get the most value out of your home.

Know the Costs

Getting an appraisal is not free. The average cost of an appraisal is $300 to $450 for a single-family home. At a time when many American households have little or no savings, the cost of an appraisal can present a challenge. How do you find an appraiser? Who will pay for the appraisal? If the wife is filing for divorce, should she pay for the appraisal, or should both spouses split the cost? These are questions that must be anticipated before hiring an appraiser.

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 Posted on November 30,2021 in Child Custody

When parents get divorced in Illinois and are going to share parental responsibilities and parenting time, they must create a parenting plan. In our last blog post, we talked about what a parenting plan covers and how parents can get creative when drafting a plan that benefits their whole family. In this blog post, we will review an important part of every Illinois parenting plan called “the right of first refusal.” Like many other parts of a parenting plan, when done well, the right of first refusal can enhance a child’s relationship with both parents and make the shared parenting experience work well for everyone.

What is the Right of First Refusal?

The right of first refusal is a provision that states whether and how parents will rely on each other for childcare, rather than using other family members or a paid sitter. This allows children to maximize the amount of time they spend with each parent, increasing their ability to have a strong and productive relationship with the two more important adults in their life. Although the details can be flexible, the right of first refusal essentially requires parents to offer each other the opportunity to care for their child before they seek childcare from other sources.

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 Posted on November 24,2021 in Allocation of Parental Responsibilities

Parenting after a divorce is challenging. Fortunately, there are many things parents in Illinois can do to make the transition to life after marriage easier. The most important piece of parenting cooperatively after divorce is creating a great parenting plan that places the child’s best interests first and respects the needs and wishes of both parents.

Strategies like mediation can help parents navigate their differences while resolving issues like parenting time and allocation of parental responsibilities. When spouses and their attorneys work together, they can create a parenting plan that both parents are more likely to appreciate and follow. If you are getting divorced and want an amicable and effective parenting plan, here are some tips to get you started.

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 Posted on November 22,2021 in Divorce

The first batch of major holidays during or after your divorce can be tough. Children are still adjusting to all of the changes - a new home, perhaps a new school, less time with both parents, shifting schedules - and between helping the children and trying to manage your own emotions about the divorce, you likely have a lot on your plate.

Relationship experts say that feeling a heightened sense of sadness around the holidays is normal following divorce. If you are about to experience the holidays as a single adult for the first time in many years, here are some suggestions from psychological professionals to help you adjust and heal during this challenging period.

Allow Yourself to Grieve

Trying to convince yourself that everything is okay and that the holidays are not a difficult time may make you feel even worse. Surround yourself with supportive friends and family and give yourself the freedom to feel what you feel. Try to keep a positive perspective. This may be very difficult, but it will not last forever.

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 Posted on November 16,2021 in Dissipation

Although getting divorced is never an easy experience, the divorce process can seem impossibly complex for individuals who deal with reckless or wasteful spending by their spouses. In addition to the often shocking breach of trust caused by dissipative behaviors, the stress of trying to recover dissipated assets is a tremendous burden - to say nothing of the financial burden imposed by such spending.

Although proving a charge of dissipation can be challenging, it is not impossible. In this blog post, we will give an overview of what dissipation of assets is and how it can be proven. A qualified Illinois divorce attorney can help you file a dissipation claim during your divorce.

What is Dissipation of Assets?

Before you can prove that dissipation occurred, it is important to know exactly what dissipation is. Dissipation of assets, as defined by Illinois law, is the use of marital property (which is generally any assets acquired after the marriage began, including cash and real estate) for a purpose unrelated to the marriage for the sole benefit of one spouse. The wasteful spending must have occurred when the marriage was experiencing an irretrievable break down, Determining what constitutes an irretrievable breakdown can be tricky.

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 Posted on November 11,2021 in Visitation

Illinois formerly considered any court-sanctioned time spent with a child as “visitation,” even if it was time with the child’s parents. Now, the time that parents spend with their children is called “parenting time,” and the term “visitation” is only used when a non-parent obtains a court order allowing them to spend time with a child.

Generally, parents have total discretion when deciding who gets to visit their children and spend time with them. However, after parents get divorced, grandparents who previously played a large role in a child’s life may find themselves suddenly shut out. When this happens, it is possible to petition the court for the right to visit that child, but only when certain circumstances are met.

Who Can Petition For a Right to Visit a Child in Illinois?

Grandparents are not the only non-parental figures who can petition for the right to visit the child. Great-grandparents, step-parents, and siblings can also request the right to spend time with a child. Any person who is requesting visitation must prove the following:

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 Posted on November 09,2021 in Illinois family law attorney

When one or both members of a married couple decide to get a divorce, many issues must be resolved before the divorce can be finalized. How couples resolve these issues depends on their circumstances and their ability to get along. In the best of circumstances, couples will agree on most or all of the divorce issues and file for an uncontested divorce or even a joint simplified dissolution if there are no children involved. Couples who disagree on certain issues can pursue mediation or collaborative divorce, which generally has a very high success rate of helping spouses resolve their differences and agree to a divorce decree that is, if not perfect for everyone, at least mutually tolerable. When all else fails, or there are certain high-risk situations such as domestic violence, couples may need to pursue divorce litigation in court. A qualified Illinois divorce attorney can help determine which method makes the most sense for your situation and then help you create a roadmap for resolving divorce matters.

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