Posted on February 18, 2021 in Divorce

In most cases, you might assume that there is really no moment to decide between an amicable divorce and a contested divorce when you and your spouse are ending your marriage. If you are amicable with one another, it will be uncontested; if you are argumentative with one another, it will be contested. However, it may not be that simple if you and your spouse choose to weigh your options and compromise to decide what is best. For instance, if you are following through with a contested divorce, the divorce process can be complicated, complex, and challenging, not to mention expensive. However, amicable divorces are not always perfect either since their uncontested nature might leave major issues unaddressed that could be troublesome later on down the road, whether it involves child custody, property division, or other issues. In that sense, you and your spouse must be very thoughtful and deliberative in your decisions regarding a divorce. Below are some tips for how to approach this important decision.

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 Posted on February 05, 2021 in Divorce

Divorce is a difficult subject, no matter your age. Whether you are 3 or 23, watching your parents go through a divorce can be a stressful experience. Many parents tough it out for years or even decades in unhappy marriages for this very reason, thinking they are saving their children from heartache if they wait to get divorced until they are older. Unfortunately, in many situations, staying together for the sake of the children actually tends to do more harm than good.

Negative Impact of Putting off the Inevitable

Even though it may seem as if it would be better for your children to grow up with both parents living in the household, the conflict between parents can be more detrimental than splitting time between parents. If you are contemplating getting a separation or divorce and you have children, here are a few of the long-term consequences that staying together for the kids can have:

• Damage to the parent-child relationship: In many situations, parents who stay in unhappy marriages tend to have less fulfilling relationships with their children. This is thought to be possibly due to a number of reasons, but the most likely culprit is simply that parents who are constantly at odds with one another have less energy and therefore less energy to devote to the children.

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 Posted on February 02, 2021 in Child Custody

When a couple has made the decision that it is time to divorce, it can be a difficult process for the entire family. There are many things that the couple will need to adjust to, but there are also many things that the family members will need to adapt to as well. One of the biggest changes that is often difficult for many families is dealing with change in the day-to-day life of the child. Child custody, now referred to as parenting time, is allocated to each parent, typically in an equal or near-equal manner. In some cases, though not always, individuals other than the child’s parents are able to petition for visitation rights with the child.

Individuals Permitted to File a Petition for Visitation

Not everyone is legally entitled to visitation rights with a child. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there are only specific people who are able to submit a petition for visitation. These people can include step-parents, grandparents, great-grandparents, or siblings of the child. Visitation will only be given to non-parents if the petitioner can successfully argue that the child’s well-being has been negatively affected by the denial of the visitation and that the child’s mental, physical, or emotional health has suffered because of it. A non-parent can file for visitation if the child’s parent unreasonably denies visitation and at least one of the following situations is true:

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 Posted on January 26, 2021 in Divorce

Across the United States, hundreds of thousands of couples get divorced each year, with more than 20,000 divorces being granted to couples who are residents of the state of Illinois. Most of these divorces are not settled in a courtroom, but rather through negotiations between the individuals themselves or their attorneys. However, there are always certain situations in which avoiding the courtroom is impossible for one reason or another. Litigated divorces can become quite contentious and intense, especially if you and your partner disagree on important issues such as child-related concerns and financial matters. If you and your partner end up in front of a judge, you may find that testimony from an expert witness is an effective way of strengthening your case.

Expert Witnesses and Divorce Litigation

The role of an expert witness in any trial is to help the judge and the jury understand specific information that they otherwise would not be able to understand without a specialized education and/or background. In family law cases, expert testimony is not always needed and is not always permitted, either. If the judge determines that an expert witness is not necessary, he or she will not permit the witness’ testimony to be entered as evidence.

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 Posted on January 22, 2021 in Property Division

As society has changed and evolved, so has the divorce landscape changed drastically over the years. In decades prior, it was not unusual at all for a divorcing couple to hash out their issues in a courtroom. Now, divorce negotiations are usually cooperation-based and typically take place outside of the courtroom, often in a lawyer’s office. However, there are still couples who will not be able to work with one another on simple tasks, such as asset division. In Illinois, asset division is done in an equitable manner, meaning both spouses are to receive a portion of the marital property that is determined to be fair and equitable. However, a fair determination of assets requires full cooperation on the part of both partners during the discovery process.

What Is the Discovery Process?

In most divorces, both spouses will be upfront and forthcoming with their financial information and will readily hand over whatever is needed to get the process completed. However, some spouses will still try to withhold information or hide assets to keep them from being divided in the divorce. If a couple’s divorce is contested, it is likely that the attorney will use the discovery stage of the divorce to gather all of the financial information needed to negotiate a settlement.

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 Posted on January 19, 2021 in Property Division

When you and your spouse reach the point where you are ready to begin allocating property among yourselves, one of the first things you will have to do is determine what is and is not subject to division during your divorce. When a couple goes through a divorce in the state of Illinois, their assets are divided into two categories: marital and non-marital property. Marital property is the only type of property subject to division and consists of any property you or your spouse acquire during the marriage, with a few exceptions. One such exception is for gifts, which can be considered both marital and non-marital property, depending on the circumstances of the situation.

Gifts as Marital Property

Most of the time, the items that you receive as gifts during your marriage will be considered non-marital property. However, there may be circumstances in which your spouse will argue that the gift should be considered marital property and therefore subject to division with your other assets. Here are a few common examples of how gifts can be considered marital property during your divorce:

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 Posted on January 15, 2021 in Child Support

Every child has a right to financial support from their parents, no matter if their parents are together or not. In Illinois, child support is awarded when the parents of a child file for a divorce or are no longer in a relationship with one another. Illinois uses what is called an “income shares” model of calculating child support. This means a variety of factors are taken into consideration when a child support determination is being made. These factors include both of the parents’ incomes, how much time the child spends with each parent, and how many children are being supported. Child support obligations usually end once a child turns 18 years old or when he or she graduates from high school, but Illinois law also provides limited guidance for support obligations for adult children with disabilities whose parents are separating.

Establishing Child Support for an Adult With a Disability

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 Posted on January 12, 2021 in Gray Divorce

In the United States, the number of people getting divorced later in life has risen dramatically over the past couple of decades. Some sources, such as the Pew Research Center, have reported that the divorce rate nearly doubled among adults over the age of 50 and almost tripled among adults over the age of 65 between 1990 and 2015. These later-in-life divorcees often have many more issues that they must focus their attention on, such as dealing with retirement funds and modifying estate plans, along with all of the typical issues that all divorces carry, like making the typical property decisions and determining spousal support. If you are over the age of 50, there are certain steps you should take to prepare for your Illinois gray divorce.

Gather Your Financial Information

One of the biggest concerns with divorcing after the age of 50, also known as gray divorce, is the financial side of things. The people going through gray divorces are doing so much later in life than others. This can affect crucial assets, like retirement savings, which they do not have much time left to replenish. This is why it is so important to be on top of your finances when you are getting a gray divorce. You should have copies of all important financial documents pertaining to all of you and your spouse’s assets, liabilities, income, and expenses.

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 Posted on January 08, 2021 in Divorce

When the new year rolls around and everybody is done celebrating, many people often find themselves making resolutions and quitting bad habits. While some people are committed to living a healthier lifestyle or spending less time on their phones, others are looking forward to a much bigger and more significant life change. According to many divorce lawyers and news outlets, January has been dubbed, “divorce month,” because of the increase in the number of divorce cases that are initiated at the beginning of the year. There are several reasons that have been pinpointed as being possible for the spike in the number of divorce cases that are filed during the first few months of the year. These reasons may include:

• Spending one last holiday season as a family. For many couples, one of the biggest reasons they choose to stay together and wait until January to file for divorce is simply to preserve the magic of the holiday season. This is especially likely for couples who have children, as they will want to prevent any stress or disruptions from spoiling the holidays for the kids.

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 Posted on December 30, 2020 in Divorce

One of the most challenging relationships you may ever have to manage is the co-parenting relationship between you and your child’s other parent. The divorce process can be stressful and tedious, often bringing out the worst in people. Even if you wish you never had to see your ex-spouse again, you will always be somewhat connected for life when you have children together. Working together and compromising with the help of an attorney who is well-versed in divorce issues can go a long way in a successful co-parenting relationship.

Getting Along for the Children’s Sake

The new year is not only a time for a change in the calendar year, but it is also the perfect time for implementing a change in your habits and behaviors. Making a commitment to improving and maintaining your co-parenting skills is a simple way to set yourself up for co-parenting success in the upcoming year. Here are a few useful co-parenting resolutions to consider making for the upcoming year:

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