Posted on March 23, 2016 in Divorce

Once you have made the decision to end your marriage, there is no point in delaying or dragging out the proceedings. Divorce is rarely easy, but the legal process itself does not need to take countless months as you and your spouse place your lives on hold. In many cases, you may be able to obtain a finalized divorce judgment in a little as just a few weeks, but doing so requires a bit of effort on your part and cooperation from your spouse.

1. A Plan of Attack

The easiest way to eliminate delays in divorce is to negotiate as much of your settlement as you possibly can. You and your spouse may not agree on everything, so start with the simplest topics. For example, if you have little concern about certain pieces of property, agree on those and then build on the cooperative momentum. Eventually, you will get to more difficult subjects, but, by that point, you will have likely established a level of commitment to completing the process amicably.

Continue Reading ››

 Posted on March 18, 2016 in Child Custody

When you are in the midst of a divorce, it may seem very tempting to just sit back and the let a judge make the difficult decisions. Of course, this approach fails to account for the multiple court appearances that will probably be necessary, and the fact that you will still need to provide the court with all of the information and evidence relevant to your case. Divorce laws in Illinois explicitly promote amicable agreements between divorcing spouses whenever possible. Divorcing parents, in particular, are expected to work together in developing a plan for cooperative parenting and protecting their children’s best interests. Parents Know Best There are many examples in Illinois family law indicating that a court must presume that parents will act in the best interest of their child. This is based on the idea that, unless proven otherwise, parents are equipped to fully understand the situation at hand and to make decisions for their child that are ultimately beneficial. Due to recent updates to the Illinois Marriage and Dissolution of Marriage Act, the same concept is now being applied to co-parenting and the allocation of parental responsibilities. Rather than assuming that courts should make parenting judgments, the amended law requires divorcing parents to develop a strategy for parenting together. The plan, of course, must be reviewed and approved by the court, but the court will only make changes or enter a judgment of its own when absolutely necessary to protect the child’s interests. Parenting Plans According to the law, once a proceeding for the allocation of parental responsibilities—formerly child custody—has begun, parents have 120 days to file a proposed parenting plan. The plan must address each party’s rights, decision-making authority, parenting time schedule, and a number of other concerns required by law. The deadline may be extended if either parent can show good cause. If the parents cannot agree on a plan, the court has the authority to order mediation to assist in the process. Should mediation ultimately fail, or if either party refuses to participate in good faith, the court may allocate parental responsibilities, likely taking the refusal to cooperate into account. A parenting plan that addresses all of the appropriate concerns and that is reasonable to both parents will be approved by the court and entered as part of the divorce judgment. Parents can later amend the plan either by agreement or by showing of a substantial change in circumstances. Legal Advocate for Parents

Continue Reading ››

 Posted on March 16, 2016 in Divorce

The process of divorce is going to be challenging no matter how well you and the other party get along. There are simply too many variables to expect everything to be resolved easily and without some measure of disagreement. Even if the two of you agree on most matters of substance, personal feeling of anger, grief, or betrayal over the end of your relationship can complicate the proceedings. Along the way, you and your soon-to-be ex-spouse will need to keep lines of communication open between you, especially if you have children together. It is absolutely critical for you to be aware of what you are saying and how it may be received so that you can avoid creating additional problems down the road.

Decide on a Method of Communication

The first thing you can do to prevent misunderstandings is to reach an agreement regarding the types of communication you and your spouse should use throughout the divorce process. If your relationship is such that speaking directly to one another in person or over the phone is acceptable, do so very carefully. Keep notes about your conversations, so that the words you choose cannot be misconstrued or misinterpreted. For many divorcing couples, a written form of communication works better, including email or text messages. Emails and text messages generally allow you the ability to consider your words more carefully, helping to ensure that what you send is exactly what you mean.

Continue Reading ››

 Posted on February 26, 2016 in Child Custody

If you are in the process of getting divorced or ending a relationship with your child’s other parent, you undoubtedly realize that the road ahead is likely to be a tough one. Even in the most amicable of situations, making arrangement regarding your roles as co-parents can be extremely challenging. There are many considerations that go into developing a workable parenting plan, of course, but certain elements are generally recognized as being among the most important. The authority over such aspects of the child’s life are known under the law as significant decision-making responsibilities, and they represent a major portion of any co-parenting agreement.

Formerly Legal Custody

For many years, the state of Illinois addressed parenting roles in terms of physical and legal custody. Physical custody referred to a parent’s access to the child. In most cases, a parent would be granted at least shared physical custody of the child, meaning the child would be able to spend in the home of both parents on some type of rotating basis. Legal custody, by comparison, referred to the authority of the parents to make important decisions regarding the child’s upbringing. This was allocated in one of a couple ways: legal custody could be granted to one parent in a sole custody arrangement, or shared between both parents in a joint custody agreement.

Continue Reading ››

 Posted on December 18, 2015 in Child Custody

For many years in Illinois, the parental right to reasonable visitation has been fiercely protected by law. While a court could restrict or limit visitation to protect the child, it would take an extremely serious set of circumstances to completely terminate such rights of a parent. Thanks to a measure passed in Illinois this past year, parents will no longer be considered to have so-called "visitation" with their children. Instead the term to be used will be "parenting time," more accurately representing the inherent responsibilities.

Changes in Child Custody Laws

The shift from visitation to parenting time is part of an overall larger transformation of the state’s child custody provisions. Concepts of sole and joint custody are being eliminated in favor of a much more cooperative idea of allocated parenting responsibilities. Child custody, as it currently exists, was often a major point of contention for divorcing, separated, or unmarried parents, as many seemed fixated on "winning" or "losing" a custody battle. By focusing on actual parenting responsibilities rather than titles or statuses like custodial and non-custodial parent, the well-being of the child is more likely to remain the top priority.

Continue Reading ››

 Posted on December 02, 2015 in Spousal Support

A common question among those preparing for divorce involves the possibility of spousal maintenance. Previously known as alimony, spousal maintenance is intended to help alleviate the financial impact of a divorce to one spouse or the other. It is important to understand, however, that there is no presumed right to receive spousal support after a divorce. Instead, except for a valid agreement between the spouses, it is up to the court to determine if support is appropriate.

Statutory Considerations

To say that spousal maintenance is only appropriate for an economically disadvantaged spouse is an oversimplification. In reality, there are a number of factors the court must take into account when deciding whether or not to order an award, including, but not limited to:

• The age, health, and earning capacity of each spouse;
• Each spouse’s contribution to the marriage and the earning capacity of the other spouse;

Continue Reading ››

 Posted on November 30, 2015 in Divorce

One of the parts of the divorce process that many people find the most distasteful is the discovery process. However, if you and your lawyer fail to do thorough job of discovery it can harm your current case and even affect your options for years to come.

What is Discovery?

Discovery is the process of finding out about the other side's case. In a divorce case this usually mostly involves understanding the finances. The basic tools of discovery include:

• Depositions- This is when you testify under oath to the questions asked of you by the other side’s lawyer before a formal hearing or trial.
• Document Requests- These are written requests for all relevant papers and records to the divorce. They will include things like account statements, bank balances, and lists of all assets.
• Interrogatories- These are written questions that are answered under oath. They may sometimes be used instead of a deposition or prior to a deposition.

Continue Reading ››

 Posted on November 27, 2015 in Child Custody

As you may be already aware, beginning in 2016, the excessive use and abuse of drugs and alcohol will no longer be separately recognized as grounds for divorce. The dissolution process itself must be based on irreconcilable differences, essentially making every divorce officially a no-fault situation. However, even without making drug abuse the basis for the divorce, a large number of couples, and parents, in particular, are affected by the destructive, chemical-related behavior of one party. It is important to understand that drug abuse can and will continue to impact, arrangements regarding parental responsibilities and parenting time.

Allocation of Parental Responsibilities

Following a divorce or the break-up of unmarried parents, you and the other parent will be expected to reach a workable agreement regarding the parental responsibilities for your child. Before it will be approved, however, the court must examine the terms of the agreement and determine that they are reflective of the child’s overall best interests. If the agreement is not approved, or if you and the other parent cannot develop one together, the court will decide how parental responsibilities will be decided. In doing so, the court must take into account the various factors at work in the relationship and establish an arrangement that will meet the child’s needs.

Continue Reading ››

 Posted on October 23, 2015 in Spousal Support

When a divorce leaves one spouse economically disadvantaged, courts in Illinois are granted the discretion to award spousal maintenance, or alimony, for a period of time following the dissolution of marriage. The purpose of such an award is to provide an opportunity for the spouse receiving maintenance to regain financial independence, if possible, or, if not, to help maintain some semblance of the lifestyle to which he or she was accustomed during the marriage.

Making a Maintenance Determination

In deciding whether or not maintenance is needed or appropriate in a given situation, the court must look at a number of relevant factors regarding the marriage. According the Illinois Marriage and Dissolution of Marriage Act, these considerations include, but are not limited to:

• Each party’s needs and individually-owned property, including that being allocated in the divorce;
• The needs and earning capacity of each party;

Continue Reading ››

 Posted on September 29, 2015 in Prenuptial & Postnuptial Agreements

As the age at which Americans enter their first marriages continues to rise, each partner is likely to bring more personal history and property to the marriage than those of previous generations. Individuals spend more time as single adults than ever before, often starting careers, buying homes, and investing in various business interests. For many entering marriage for the first time, a prenuptial agreement may be appropriate to help establish what belongs to whom in the event the marriage does not succeed. For those entering a subsequent marriage, however, a prenuptial agreement may be virtually necessary to account for even more complex personal situations.

Second and Third Marriages

If you are considering remarriage, one of two things have already happened: you have been widowed by the death of a spouse or you have been through the process of divorce. Therefore, you probably have a pretty good understanding of many of the complexities that can present themselves. A prenuptial agreement, as you probably realize, can help remove a great deal of uncertainty through cooperation while the spirit of togetherness is alive and well between you and your soon-to-be spouse. Drafting a prenuptial agreement is not betting against your marriage any more than a life insurance policy equals betting against your life. At some point, your marriage will end, either by divorce or death, and a prenuptial can address both realities.

Continue Reading ››