Posted on September 15,2021 in Divorce

For some spouses who decide to get divorced, the final decision is often the hardest part - once that has been made, the divorce process is often amicable and flows fairly smoothly. Spouses who wish each other well may pursue an uncontested divorce in which they agree on all or most issues, believing that is the easiest, most fair, and least expensive of their options.

Although an uncontested divorce is a great idea for some people, it is still a legal process and has potential pitfalls. If not done correctly, an uncontested divorce can become a drawn-out process that has major impacts on a divorcee’s life down the road. Even if you anticipate agreeing with your spouse on everything, a skilled Illinois divorce attorney is the best person to help you through any type of divorce.

What are the Benefits of an Uncontested Divorce?

An uncontested divorce can benefit spouses who can get along and compromise on important issues like parenting time, child support, spousal support, and asset division. It can also be a great choice for spouses who have been married for a short time and who share no children or significant assets.

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 Posted on September 03,2021 in Divorce

Divorce is emotionally draining for everyone involved, but for children it can be especially difficult. Parents frequently disagree about how to share parental responsibilities and parenting time, and these conflicts often play out in front of children.

Divorcing parents who struggle to compromise on issues such as where their child will live, where the child will spend holidays, and who has the right to make major decisions regarding the child’s upbringing may find themselves in divorce court litigating their disagreements in a trial. Unfortunately, when this happens, the child’s best interests may be compromised in light of the parent's conflict and the child may be more involved in the divorce proceedings than the parents had hoped.

What Happens When Parents Cannot Resolve Custody Issues in Divorce?

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 Posted on August 30,2021 in Divorce

Going through a divorce in Illinois is not easy and can take a long time to complete. If you are in the final stages of the divorce process, you may want to breathe a sigh of relief. You soon will not have to attend meetings with your lawyer or court dates. However, there are still several things you may have to complete to move on with your life.

What You Should Do After Your Divorce is Finalized

The major obstacles are over in your divorce, but you still may have some finishing touches to take care of. Here are a few steps to take after your divorce is finalized.

• Change your name. Many women go back to their maiden name after getting divorced. If this is what you want to do, you must update your driver’s license, social security card, insurance policies, and other documents that include your full name.

• Look into health coverage. If you relied on your spouse for health insurance during your marriage, it is a good idea to look into different policies soon. You will no longer be eligible for coverage under your spouse’s plan. Even if you are healthy right now, you never know if you will develop a sudden illness or get into an accident. You want to have adequate health coverage in case anything happens.

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 Posted on August 27,2021 in Spousal Support

If you want to get a divorce and your spouse earns a significantly higher salary than you, you may be able to receive alimony. Also known as spousal support, alimony is intended to help financially support a spouse until he or she has gained the necessary education or training to obtain a higher-paying job. In the majority of cases, alimony is temporary. However, permanent alimony is sometimes awarded.

Ending Spousal Support Payments in Illinois

In Illinois, the duration of alimony is usually based on the length of the marriage. The longer the marriage, the longer a spouse may recieve maintenance payments. If the couple was married 20 years or longer, the recipient may be permanently entitled to maintenance. However, there are certain circumstances in which spousal maintenance terminates:

• Cohabitation - If you move in with a romantic partner, your ex-spouse will no longer be obligated to pay you alimony. Living with someone as a platonic roommate is not sufficient enough to stop support payments. The paying spouse will have to contact the court and request a maintenance termination on the basis of cohabitation.

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 Posted on August 24,2021 in Divorce

A divorce does not always get settled easily. There are various factors that can complicate a divorce, such as a family business. If you and your spouse own a business together and plan to get divorced, it is important to understand how it could potentially impact proceedings.

Negotiating a Settlement With Your Spouse

Ideally, divorcing couples will come to a fair agreement on dividing their business. Once you and your spouse have determined the value of your business, try to negotiate a settlement. It is less costly and stressful than letting the process drag out in litigation. For instance, you may decide to buy out the other party or continue to run the business with your spouse after the divorce. Another option is to sell the business and divide the profits with each other. A divorce lawyer with experience handling business assets in a divorce can represent you during property division negotiations and ensure that your rights are protected.

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 Posted on August 18,2021 in Child Support

Child support is designed to help pay for housing, food, education, and other necessities for children. In Illinois, how much a parent pays for child support is primarily based on the parents’ net incomes. Child support payments are calculated in such a way that parents should be able to afford their monthly payments. However, sometimes parents fall behind on their child support payments for one reason or another. If you can longer afford your child support payments, you might wonder how you should handle the situation.

Consequences for Not Paying Child Support in Illinois

Parents who willfully fail to pay child support can face legal problems in Illinois. Here are several consequences a judge may impose on them:

• Wage garnishment- If a parent is behind on child support payments, the other parent can contact the Illinois Department of Healthcare and Family Services Division of Child Support Services (DCSS) and ask them to call their employer and have the payments deducted from their paychecks.

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 Posted on August 12,2021 in Allocation of Parental Responsibilities

Substance abuse is a huge problem in the United States. In fact, nearly 21 million Americans suffer from addiction. Whether it is alcohol, cocaine, prescription pills, or another substance, addiction can negatively impact many areas of a person’s life, including his or her ability to care for children. If you are currently in the middle of a child custody battle and you or the other parent suffer from addiction, a child custody lawyer can help you understand how best to proceed.

Parental Responsibility Restrictions a Judge May Impose

Parents who abuse alcohol and controlled substances may have difficulty taking proper care of a child. In some cases, they may even put the child in danger. However, some parents who suffer from addiction are actively taking steps to keep the addiction under control so it does not affect their parenting.

The court recognizes has the authority to restrict parenting time if there is evidence that the parent’s substance abuse has negatively affected the child’s physical or mental health.

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 Posted on August 05,2021 in Allocation of Parental Responsibilities

Child custody disputes tend to be difficult for everyone involved. Parents who disagree about the allocation of parental responsibilities and parenting time can sometimes reach an agreement through family law mediation. Others negotiate an agreement through their lawyers. However, some parents simply cannot find a workable solution to child-related disputes. In some cases, avoiding the following mistakes can help you avoid making the situation worse than it already is.

Mistakes Parents Often Make During Child Custody Battles

When you are in the middle of a child custody battle, it is critical to think rationally and not allow your emotions to take over. Otherwise, you could make costly mistakes, like these:

• Allowing your anger to take over - If you and your ex ended things on bad terms, you may feel a lot of anger and resentment towards him or her. While it is natural to go through these emotions, it is important not to lose your cool. If you get into a heated confrontation with your ex, it may negatively affect your child custody case.

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 Posted on August 02,2021 in Annulment

When a couple gets married and then at some point decided that the marriage was a mistake, the usual course of action they take is to file for divorce. However, there are some circumstances where obtaining an annulment would be more appropriate. While getting a divorce is usually an easier process than getting an annulment, it does not void the marriage out as an annulment does. Knowing the difference between the two actions and speaking to an Aurora divorce attorney can help you decide which option is the best for your situation.

What Is Required in Order to Obtain an Annulment?

In Illinois, an annulment is also referred to as a declaration of invalidity of marriage. There are specific requirements that must be met in order for the marriage to qualify for an annulment. These are:

• One of the spouses was underage at the time of the marriage and did not obtain the consent of a parent or legal guardian.

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 Posted on July 31,2021 in Uncontested Divorce

When people think of a couple going through a divorce, it is not uncommon for them to imagine the two spouses bitterly fighting over custody of their children, the family home, bank accounts, and all the other items in the marital estate. While that may have historically been the scenario for many divorces, the past few years have seen a change in how some couples approach ending their marriage. Instead of a knock-down, drag-out court battle, they are turning to a collaborative approach, focusing on an amicable and negotiated divorce. If you and your spouse have decided to divorce, a Yorkville, IL divorce lawyer can explain how a collaborative divorce may benefit you.

How Does a Collaborative Divorce Work?

A collaborative divorce is centered on using a dispute-resolution process where the couple, along with their attorneys, work together and negotiate in a cooperative manner – rather than an adversarial one – in order to come up with an equitable divorce settlement. The goal is to avoid going to court and having a traditional divorce trial where a judge decides how issues like child custody, spousal support, marital assets, and marital debts will be addressed.

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