Posted on December 28, 2020 in Divorce

Addiction is a destructive disease, both for the person with the disease and for the friends and family members present in their lives. It can be painful for family members, especially a spouse, to watch a loved one grapple with the effects of drug and/or alcohol addiction. For many marriages involving addiction, there is hope for recovery if both spouses are willing to work toward it; however, not all relationships can heal from the damages and issues that addictions can cause. It can be difficult for the non-addicted spouse to make the decision as to when and if it is the right time to divorce. Do you stay and support your spouse out of loyalty and love, or do you divorce him or her so you can place your own mental health as a priority instead of the substance abuse? The following are a few things to ponder if you are contemplating or have decided to divorce an addicted spouse.

Addiction Is Toxic for a Marriage

When a spouse has an addiction, there are many things about that addiction that can cause issues in the marriage. Over time, the addiction eventually causes the very essentials that built the marriage to break down, such as the element of trust. Spouses with an addiction tend to lie to their partners about their usage, how much they may have spent on their addiction, or broken their promises about quitting their addiction.

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 Posted on December 22, 2020 in Divorce

One of the largest and most valuable assets that is often present in a divorce is the family home. For many couples, the house is a highly valued and sought-after possession, both for financial and personal reasons. The decision surrounding the marital home is often one of the most difficult financial decisions you will have to make during your divorce, especially because there are likely to be many emotional ties and sentiments attached to the home. There are always advantages and disadvantages to every situation, especially as it pertains to something as large as selling your family home.

Advantages of Keeping the Home

For many people, the obvious advantage to keeping the home, rather than selling it, is just that -- keeping the home. If you have found your dream home, the home in which you have raised your children and watched them grow up, you may not want to sell all of those memories. For many parents, children are a major factor in the decision to sell or keep the marital home. Keeping the family home ensures the kids continue attending the same schools, see the same friends, and live in the same house, at least part of the time.

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 Posted on December 11, 2020 in Collaborative Law

For hundreds of years, or perhaps even longer, the concept of divorce has carried a negative connotation. Even in today’s society, divorce has become more commonplace and many people have no issue with it; however, there are still people who firmly believe that divorce is inherently negative. It is true that divorce can leave lasting negative effects on you and your family, but there are things you can do to mitigate those effects and prevent them from ever happening in the first place. One of the most basic changes to many modern-day divorcees is simply the method by which the divorce is completed. Forms of alternative dispute resolution (ADR), such as the collaborative divorce process, have proven to be effective and beneficial, especially for families with children. Unfortunately, not every couple is suited for ADR or the collaborative divorce process, in which case you will need an experienced Illinois divorce attorney to help you.

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 Posted on December 08, 2020 in Divorce

In any divorce, dividing the marital assets can be a stressful process. Many spouses focus on the large and obvious assets, such as the marital home or the vehicles. Couples may forget that there are numerous other assets that should be considered when coming to an agreement on property division, including bank accounts, investment accounts, retirement funds, and even everything that you own inside your home. Property division can be complicated, but things can become even more complicated when a business is involved. If you are getting a divorce and you are a business owner in Illinois, it is important that you speak with an Illinois divorce attorney about your case.

Considerations to Keep in Mind About Divorce and Your Business

When you are a small business owner, your business is likely one of the most important and valuable assets that you own. As such, you are going to want to be sure that you do everything in your power to ensure a fair distribution of the business. There are also certain things that you should keep in mind about the structure of your business and how day-to-day operations will be run after your divorce is final. Here are a few tips to keep in mind when divorcing as a business owner:

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 Posted on December 04, 2020 in Divorce

If you are in the process of going through a divorce, you are already aware of the plethora of issues that you must negotiate with your spouse. You are likely sick of hearing about the pages-long list of issues, such as allocating your marital property and determining whether or not spousal support is necessary, which all need to be reconciled with your spouse before you can finalize your divorce. With so many other issues at the forefront of your concerns, many people end up forgetting about one very important aspect that should be taken care of during the divorce -- your estate plan. If you ever had a will or you and your spouse ever started to plan for the future, you will want to be sure to update your estate plan accordingly before your divorce is finalized. Here are a few things you should keep in mind about your estate plan when getting a divorce:

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 Posted on December 01, 2020 in Divorce

After Thanksgiving, the holiday season is officially in full swing, but with the “most wonderful time of the year” comes what can also be considered the most stressful time of the year. When you are going through the divorce process or have just freshly finalized your divorce, there are many changes to which you and your family must adapt. The stress of these changes can be exacerbated during the holiday season, especially the first year after your divorce. With the holidays being so family-oriented, it can be difficult to cope, especially for your children. However, there are things that you can do to help your children have a happy and peaceful holiday season.

Discuss Your Parenting Time Situation in Advance

A good rule of thumb about holiday parenting time is to plan for it well in advance. Do not wait until the week before the holidays to begin discussing how you want to split the time with your co-parent. Many parents already have holiday parenting time schedules built into their parenting plans, but not all. You should be sure to communicate with your co-parent ahead of time so as not to spring plans on him or her at the last second.

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 Posted on November 25, 2020 in Divorce

Divorce is a common occurrence in our country, but many people do not truly understand what divorce actually entails. Most people spend months, or even years contemplating or perhaps even agonizing over the decision to get a divorce because of the huge legal and financial impact it can have on your life. However, many people do not realize that divorce also contains an emotional aspect that is just as strong as the legal and financial aspect, if not stronger. Getting a divorce is one of the most stressful events that a person can encounter in his or her life, second to the death of a loved one. If you are going through a divorce, it is crucial that you keep an eye on your mental health and take steps to protect your well-being.

Take Care of Your Physical Health

During a divorce, healthy habits can become forgotten, intermittent, or just ignored altogether. Practicing habits such as getting between six and eight hours of sleep every night, drinking enough water, making healthy food choices, and exercising regularly can greatly enhance your mood. These habits are the primary basis for your own self-support system and can greatly reduce the effects of stress.

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 Posted on November 20, 2020 in Divorce

Getting a divorce is a complicated legal process that is further complicated by the stressful and emotional nature of the issues at hand. Even so, many people believe that they can file for divorce by filling out the court forms and representing themselves in court, saving time and money. This is often referred to as a do it yourself (DIY) divorce. However, many people also fail to realize just how confusing and troublesome it can be to actually have to be in control of your divorce case. For most people, their best interests are served when they hire a divorce attorney who can help them navigate through this difficult period in their life. The following are four benefits of hiring a reputable divorce lawyer instead of representing yourself during your divorce.

An Attorney Has Valuable Experience

When you file for divorce, it only makes sense to hire a person who has experience with the legalities of divorce cases to help you through your own. Handling various divorce cases at varying stages is what a divorce lawyer does all day, every day. Just like you go to the doctor when you are sick, you should hire a divorce attorney when you want to legally dissolve your marriage.

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 Posted on November 13, 2020 in Spousal Support

In many marriages, it is not uncommon for one spouse to have a higher income than the other spouse. In these situations, the lesser-earning spouse relies on the higher-earning spouse to facilitate and maintain the way of life they are used to. In some cases, the lesser-earning spouse may not even be employed and may have been a homemaker and contributed to the household that way. When couples who have a significant imbalance in income get a divorce, the lesser-earning spouse is often awarded spousal support in Illinois, which is also known as spousal maintenance or alimony.

Receiving Spousal Maintenance

Spousal maintenance is never guaranteed in any divorce. However, some people are still required to pay spousal support because of a previously entered marital agreement. If you and your spouse have a prenuptial or postnuptial agreement, the court will examine these documents to ensure that they are valid. If they are found to be valid, you will have to abide by the terms of the agreement you agreed to prior. If your agreement is deemed invalid or you did not have an agreement, the court will determine whether or not spousal maintenance is appropriate by looking at a variety of factors. These elements can include things such as you and your spouse’s age, health, occupation, education, work history, contribution to the marriage, and more.

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 Posted on November 11, 2020 in Divorce

Getting a divorce is never enjoyable or simple -- everyone knows that. In a best-case scenario, you and your spouse will be able to settle most of the major issues of your divorce without any conflict or with very little conflict. However, for many couples, this just is not the reality of the situation. In many divorce cases, there will be at least one issue that the couple does not agree upon and that needs a little bit of extra attention to work out. For some, this can be property division or other financial issues, while for others it may be child-related issues, such as allocating parenting time or decision-making responsibilities. If your spouse is less than agreeable, you may end up having to resort to the discovery process to gather information and to ensure you are receiving complete and accurate information. Depositions are just one of the tools available during the divorce proceedings that can help gather information.

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