Posted on October 29,2021 in Domestic Violence

Staying in a marriage where physical or emotional violence is present eventually becomes unsustainable, and domestic violence is the primary cause for many divorces in Illinois. Because Illinois only allows “irreconcilable differences” as grounds for divorce, rather than allocating fault to one spouse or the other, domestic violence cannot be grounds for divorce.

However, that does not mean that the presence of domestic violence does not affect a divorce’s proceedings or its outcome. If you are experiencing domestic violence and are considering leaving your marriage, it is important to work with an Illinois divorce attorney who can help.

Gathering Evidence

It is important to collect any information that proves domestic violence happened or continues to happen. This can be difficult and scary, and it is important to keep evidence safe where an abuser cannot find or destroy it. Police reports, text messages, videos, and voicemails may all be potential proof of domestic violence. An attorney can help you with evidence of domestic violence in your divorce case.

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 Posted on October 27,2021 in Chicago divorce attorney

Although divorce trials make for great courtroom dramas, the truth is that very few divorces in Illinois go to trial. This is due to a concerted effort on the part of Illinois courts and judges who recognize that spouses and especially children are not benefited by the time, conflict, and expense involved in trial litigation. Many couples are ordered to exhaust other options, including pursuing mediation or collaborative divorce, for resolving their differences before a divorce case can move forward to a trial.

However, it is not always possible for couples to agree. Furthermore, issues such as domestic violence can make conflict-resolution strategies impractical or even dangerous. In cases such as these, the allocation of parental responsibilities, parenting time, property division, and spousal maintenance may be resolved by a judge.

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 Posted on October 22,2021 in Divorce

Collaborative divorce and mediation are two alternative dispute resolution strategies that help divorcing couples work through all the issues that must be resolved in a divorce. Marital asset division, spousal maintenance, allocation of parental responsibilities, parenting time, and more can all be handled in a way that allows couples to stay focused on finding solutions.

When both spouses are invested in obtaining a successful outcome, mediation and collaborative divorce can make divorce faster, less expensive, and more peaceful. Although they have similarities, these two strategies are not the same. Understanding the difference can help you choose an approach that is right for you.

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 Posted on October 20,2021 in Divorce

Recognizing the harmful effects of hostile divorce litigation on families and children, Illinois courts and judges now encourage divorcing couples to use alternative dispute resolution techniques whenever possible. Mediation is one such technique, and thousands of couples all over the state have used it to help them reach important compromises during divorce negotiations.

There are many common myths and misunderstandings about mediation, and in this blog post we will explore a few of these so Illinois residents can make educated decisions about their divorce. Keep in mind that mediation is not right for everyone and a qualified divorce attorney is the best person to answer your questions.

Mediation is Only For “Easy” Divorces

Although simple divorces may be easier to resolve, mediation is perhaps even more helpful to couples whose relationships are complex. Complex asset and debt division, spousal support, and child-related issues can all be addressed during mediation, helping couples navigate these difficult scenarios while reducing conflict and encouraging compromise.

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 Posted on October 14,2021 in Chicago divorce attorney

Divorce is never easy, but it does not have to be a nightmare. With the help of your attorney, having a third-party mediator to help you and your spouse navigate potentially contentious issues of divorce can make the entire process go faster and more smoothly. Mediation is still a lot of work, but the positive outcome is usually well worth the effort. Our last blog post gave an overview of the mediation process. Here, we offer five great tips for preparing for mediation.

Be Flexible

Anticipate that unexpected problems, feelings, and requests will arise. If you approach mediation with rigid expectations about how it “should” go, you will ultimately find yourself frustrated and disappointed. Being flexible can apply to your own feelings about the situation, too - you may find that your priorities can shift during mediation, and that is okay.

Get Ready to Listen

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 Posted on October 11,2021 in Chicago divorce attorney

Once a couple has decided to get a divorce, they usually hire their own attorneys to represent them throughout the process. Important issues such as parenting time, division of marital property, and child support must be negotiated and agreed upon, and your attorney will work with you to represent your interests during this process.

Although divorce can potentially be time-consuming, expensive, and combative, it does not have to be. Mediation is an effective alternative dispute resolution strategy that has helped many divorcing couples agree on complex issues without ever going to trial. Understanding the advantages of mediation can help you decide whether this strategy is right for you.

What are the Benefits of Mediation?

Mediation allows a neutral third party to work with spouses, with or without their attorneys present, to resolve issues related to divorce. Mediators are often attorneys and are always trained professionals who are adept at conflict resolution and keeping spouses focused on resolving practical matters rather than hashing out personal conflicts.

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 Posted on September 30,2021 in Chicago divorce attorney

Studies on children with divorced parents can paint a dismal picture. Children of divorces often experience high levels of stress and tend not to do as well in many ways, including academics, criminal behavior, and the likelihood of substance abuse.

However, there are ways parents can mitigate the impact of divorce on their children. Certain risk factors can impact children more than others, and these risks can be avoided with maturity and commitment from the parents. Unfortunately, this can be very difficult when parents are engaged in a high-conflict divorce. Here are some ways you can protect your child during divorce to ensure their well-being in the future.

Avoid Fighting in Front of Your Children

Spouses who are getting divorced often have years of pent-up hostility and grudges, but the divorce is not the time to air these grievances. Children experience parental conflict as frightening and confusing and often feel pressured to take sides or defend one parent to another.

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 Posted on September 27,2021 in Chicago divorce attorney

If you are getting divorced, you probably have many questions. How long will it take? How much will it cost? Will my relationship with my children be changed forever? While getting divorced is never easy or pleasant, planning wisely and thinking ahead will allow you to avoid many common mistakes that can prolong a divorce, make it more expensive, and increase hostilities between parents that can negatively impact their relationship with their children.

In this blog, we will look at some of the common mistakes people make in their Illinois divorce. Remember that a qualified, experienced divorce attorney is the best person to help you create a customized plan for your divorce so it will go as smoothly and quickly as possible.

Expecting Adversarial Litigation

Although many people think of divorce as taking place in a courtroom where spouses fight it out in front of a judge, modern divorces rarely take this route. Illinois strongly encourages (and can even mandate) mediation for couples so they can work through their differences together and create a mutually acceptable divorce agreement.

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 Posted on September 24,2021 in Division of Property

The marital home is often the most valuable asset a couple shares. Often, a couple lives there with their children for many years. It is in the marital home that a family experiences some of their most important moments together.

But in a divorce, a couple’s assets must be divided and this includes the home. If you are considering a divorce, you may be wondering what happens to the home and whether one spouse will get to keep it. In this article, we will answer some of the common questions about what happens to the marital home in a divorce. Keep in mind that an experienced divorce attorney is the best source for answers to your questions.

If I Move Out, Do I Lose Access to My House Forever?

Ownership of the house is not permanently decided until a divorce is final. Even though one spouse will likely want to move out in order to avoid conflict during divorce proceedings, moving out will not affect a spouse’s right to their portion of the home’s value.

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 Posted on September 21,2021 in Infidelity

Nobody ever thinks their spouse will cheat on them, and yet it happens to people every day. When such a life-changing event takes place, the spouse who has been cheated on may consider divorce and wonder whether infidelity changes the divorce process in Illinois. After all, it may feel as though someone who knowingly does something that is almost sure to end a relationship should face some kind of consequence.

But regardless of whether somebody cheated, Illinois is a pure no-fault divorce state. This means fault or responsibility is never assigned to either spouse at the end of the marriage. A couple getting divorced because of cheating can only list “irreconcilable differences” as the reason for divorce, and the proceedings will not be affected. However, there are certain behaviors commonly associated with infidelity that can impact the outcome of a divorce.

New Partners Who Present a Threat

Generally, cheating on a spouse does not affect how allocation of parental responsibilities or parenting time are handled in a divorce case. But if a parent has a new partner who presents a real threat to their children, the court may curtail the time that parent gets to spend with their children. For example, if the adulterous parent’s new partner has a known history of domestic violence or is a sex offender, and there is any chance the partner could be around the children, a court could limit the time that parent can spend with their children or prohibit the new partner’s presence during parenting time.

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