Posted on August 30,2020 in Child Custody

When parents of a child get a divorce in Illinois, they are required to make certain custody decisions for their child. Before they can finalize their divorce, they must come to an agreement on their own or a decision will be made by a judge on issues such as parenting time and allocation of parental responsibilities. In most cases, the choices that are made during this period are long-term, life-altering choices that could come with unfavorable consequences. In some cases, concerns about a parent’s mental health may have been brought forward by the other parent or another individual involved or familiar with the case. In these situations, the parent whose mental health is in question will likely be required to undergo some sort of psychological test or mental health evaluation.

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 Posted on August 25,2020 in Divorce

Getting a divorce can seem like you are on an emotionally fueled rollercoaster. One moment you and your soon-to-be ex-spouse are in an ugly argument and you are full of anger and the next thing you know, you are remembering all of the memories you made together and the family you created and you are filled with a sense of grief. It is normal to feel a wide range of emotions during the divorce process, but maintaining a sense of stability is important when working toward a healthy divorce. It is not impossible to have a minimally contentious and agreeable divorce, but there are steps that you can take to make sure your divorce is as healthy as possible.

Begin the Process With a Negotiating Mindset

Throughout the divorce process, there will be many decisions that will need to be made. You and your soon-to-be ex-spouse will have to determine who will keep the family home or how you will divide the value of it and other assets, what you will do with your retirement accounts, how you will construct your parenting plan, whether or not you will receive spousal maintenance payments, and the list goes on. You should be prepared to greet each and every one of these decisions with an open mind and a willingness to cooperate.

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 Posted on August 21,2020 in Guardianship

Throughout our lives, we all need someone to care for us. When we are babies, we depend on the care and nurture of our parents to thrive and grow into successful adults. As adults, we are able to take care of ourselves and make decisions pertaining to our lives. However, some situations may call for extra care and planning to ensure that the affairs of a person are handled. In Illinois, the law states that a guardian can be appointed to any person who is unable to manage his or her affairs because of mental deterioration, mental illness, developmental disability, or physical incapacity. It can be tough to come to terms with the fact that your loved one may need a guardian appointed to him or her, but an Illinois family law attorney can help.

Determining the Need for a Guardianship

Illinois law states that there are several reasons for which a person may need to have a guardian appointed to him or her to manage his or her affairs. Before a guardian is appointed to a person, it must be proven that the person is not able to make or communicate his or her own sound and responsible decisions about personal affairs. There are a variety of situations in which a person may need to have a guardian appointed for him or her. These scenarios can include:

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 Posted on August 18,2020 in Divorce

Making the decision to get a divorce is not a small one and should not be taken lightly. In an ideal situation, both spouses would come together to come up with the terms of their divorce agreement so they can bring their marriage to an end peacefully. However, very few situations end up being ideal and most divorces do not involve as much peace and cooperation as the spouses involved in them wish there was. Some divorces are only finalized due to the determination of one spouse because of the unwillingness or unknown whereabouts of the other spouse. In cases such as these, in which your spouse is missing or is unwilling to cooperate with the divorce, it is still possible to get a divorce, but the process will likely be slightly more complicated.

Divorcing an Unwilling Spouse

In most cases, once one spouse brings up the idea of a divorce, the other spouse will follow or at least try to resolve the situation. In some cases, however, the respondent, or the person who is receiving the divorce petition, may shut down or refuse to acknowledge the divorce papers or the other spouse’s desire for a divorce. Once you have filed the divorce petition with the clerk of the circuit court, your spouse has 30 days to respond to the petition and notify the court as to whether or not he or she will be showing up for the initial hearing.

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 Posted on August 14,2020 in Allocation of Parental Responsibilities

One of the most serious and unfortunately still prevalent social issues that families face today is domestic violence. Dealing with domestic violence in any situation is never simple, but having to cope with domestic violence during a divorce can make the divorce process a million times more stressful. According to information from the National Domestic Violence Hotline, more than 12 million men and women are affected by acts of domestic violence each year in the United States. Many people believe that domestic violence consists of purely physical acts, such as slapping or choking. However, domestic violence is really about control, rather than pain, so the abuser will often use multiple tactics to control the victim, including other forms of abuse, such as emotional abuse, sexual abuse, or harassment. This is why it is crucial for families experiencing domestic abuse to get help from an experienced Illinois divorce attorney before beginning the process.

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 Posted on August 11,2020 in Divorce

The coronavirus pandemic has changed life as we knew it forever. Even the simplest of everyday tasks that we used to take for granted, like going to the grocery store or attending school have become too risky for some. After the lockdown in mid-March, the country has since been slowly opening back up, causing much stress and frustration by many. For those who are going through a divorce or who are thinking about getting a divorce, you may be concerned with how the pandemic will affect your divorce case. Illinois court operations were significantly reduced for the past couple of months, but the caseload has been increasing by the day, with all Illinois courthouses now open. Although your divorce may look a little different than what you were expecting, it is still possible to legally end your marriage during the pandemic.

New Court Procedures

In response to the pandemic, the Kane County courts have developed a set of health and safety protocols to follow. These rules were created and put into place to allow the courts of the 16th Judicial Circuit to reopen and include:

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 Posted on August 07,2020 in Children of divorce

Perhaps one of the most difficult and challenging parts of the divorce process for parents is creating a parenting plan for their children after their divorce is finalized. The parenting plan will act as a blueprint for how most things related to parenting and the children should be handled. No two parenting plans are the same, as each family has different needs and situations. There are many factors that can affect your parenting plan, but one of the biggest factors can be your child’s age. Creating a parenting plan around infants, especially, can seem daunting, but it is not impossible. If you have a baby and you need to create a parenting plan, the following are a few things to keep in mind.

Frequent Visits Are Important

There are many different types of visitation schedules you can create for your children, but when it comes to parenting time with an infant, the more frequently it occurs, the better. Infants do not yet have the ability to create the best memories, so frequent interactions with both parents will ensure that the baby is able to form a bond with both of them and recognize they are important people in their life as they grow older.

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 Posted on August 04,2020 in Division of Property

When it comes to divorce, there are many different topics that must be covered to complete the process. One of the most important topics is the asset and property division process, which is notorious for being stressful for some couples. During the division process, you and your spouse will have to determine how you will divide everything from the value of your home, the money in your retirement accounts, all the way down to the vehicles in your garage. Dividing your assets is an important process, which is why legal guidance from an experienced Illinois divorce lawyer can be beneficial.

Factors to Consider

Before you get down to business about how to divide your vehicles, you should be sure to consider all relevant information. These factors can include:

• Marital vs. nonmarital property: Before you do anything, you should determine if your vehicles are marital or nonmarital property. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), property acquired prior to the marriage is considered nonmarital property, while property acquired during the marriage and before a legal separation or divorce filing is considered marital property. Marital property is subject to division, while the nonmarital property is not.

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 Posted on July 31,2020 in Divorce

For many parents, the most difficult part of the divorce is the children. How will they react to the news of the divorce? How much time will I get to spend with them each day? Who will pay child support to whom? These are some of the things that may be running through your mind as you go through a divorce as a parent. The good news is that many, if not most of your questions will be answered once you and your spouse come to an agreement on a parenting plan for your children. In Illinois, you are required to file a parenting plan that outlines certain issues before you can finalize your divorce. Your parenting plan can also be a valuable tool to utilize when you set out to co-parent with your spouse after the divorce.

Provisions to Consider Adding

Co-parenting is never easy, even when you are doing it with your spouse when you are married. Co-parenting with an ex can be especially stressful and emotionally taxing, but a clear-cut parenting plan can help take some of the uncertainty out of what the expectations of each parent are. Illinois courts require certain elements to be present in a parenting plan for it to be valid, such as a parenting time schedule and an allocation of parental responsibilities. You may want to consider adding other provisions such as:

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 Posted on July 27,2020 in Gray Divorce

When talking about divorce, most people are familiar with the commonly cited fact that around half of all U.S. marriages ultimately fail. According to the Pew Research Center, the general divorce rate in the United States has actually been decreasing since 1990. When you look at adults who are over the age of 50, however, the divorce rate has actually increased. Ten out of every 1,000 couples over the age of 50 got divorced in 2015, which doubled from 1990. Among those who were age 65 and older, the divorce rate actually tripled between 1990 and 2015. Getting divorced when you are over the age of 50, which is also referred to as gray divorce, can be a complicated process, and that is why hiring a knowledgeable attorney is so important.

Attitudes About Divorce Are Changing

Even just 30 years ago in 1990, there was more of a negative stigma surrounding divorce than what exists in today’s world. If you got divorced back then or even longer ago, it was scandalous and wrong. Now, getting a divorce is seen by many as the right thing to do if you find yourself in a loveless or unsatisfying marriage. Gray divorces could be more prevalent because of this shift in public attitude.

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