Posted on December 00,0000 in DuPage County divorce lawyer

Making the decision to get a divorce is never easy. For many people, it takes months or even years to come to the conclusion that a divorce is their best option. Once a couple has accepted the idea of ending their union, they do not want to regress by going through a contentious and drawn-out divorce. For some couples, a collaborative divorce is a solution that works best for them. A collaborative divorce is a dispute resolution process that takes place in conference rooms or lawyers’ offices, rather than in the courtroom. The collaborative divorce process offers many benefits that the traditional divorce process cannot offer, including:

Less Hostility

One of the benefits that a collaborative divorce offers is the possibility of a more civil, less hostile divorce process. In a litigated divorce, you and your spouse are likely to have much more contention and may not be able to come to an agreement on issues. This does not mean that you and your spouse will not disagree with one another or that the negotiations will be simple in the collaborative process. However, you and your spouse are working together to create solutions that will benefit everyone in a collaborative divorce.

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

If you think your divorce is stressful for you, it can be even more taxing on your children. For kids, their parents' divorce is a very confusing and tumultuous time. While it is completely normal for children to be sad, uncertain, or even angry when their parents are going through a divorce, it is important for you to understand that there are things you can do to make the change somewhat easier. Divorce is a process, not only for you but also for your children. Your job as a parent is to help your children through this process so they are able to come out on the other side stronger and more well-rounded individuals.

Breaking the News

Many parents do not know how to talk to their children about divorce, much less how to break the news to them. The way you first tell your kids about your divorce can set the tone for the entire healing process. You should tailor your conversation to your children; if they are younger, it is best to keep the message simple and sweet. If you have older children, you can provide a little more detail, but it is still important to only share the information they need to know.

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

Change can be hard for anyone, but it can be especially difficult for children. When it comes to divorce, children will typically experience a lot of change in a short period of time. Their living arrangements will change dramatically, they will not be spending as much time with either parent anymore, and in some situations, they may even have to adapt to new routines. All of this change can be hard on children, because they depend on stability and routine so much. This is a known fact, which is why the state of Illinois requires every divorcing couple who has children to create a parenting plan before they can finalize their divorce.

What Is a Parenting Plan?

A parenting plan is a legal agreement that contains information about how two parents will take care of their children once they are separated. In Illinois, a parenting plan will contain information about how parenting time is divided, along with how parental responsibilities are allocated. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) contains the basic elements that all parenting plans must include in order to be approved.

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

There are many reasons why couples get divorced, but often it takes a lot of time and contemplation to get to that point. Before it is decided that divorce is the best option, couples often go through a period of uncertainty about whether or not they actually want to legally terminate their marriage or if they just want to “call it quits” for a while. During this time, some couples choose to separate themselves by living apart and also being financially independent of each other. These are the basics of an Illinois legal separation, though it is not enough to just say that you are separated. You and your spouse must take several steps before the state will view your separation as legal.

Requirements for a Legal Separation

If you are considering obtaining a legal separation in Illinois, there are a few requirements that you must meet. First, you or your spouse must have been a resident of Illinois for at least 90 days. Then you will have to file a petition with the court in the county in which either you or your spouse lives or the county in which you and your spouse last lived together. In the petition, you must be able to prove that you and your spouse live separately from each other.

Continue Reading ››

 Posted on December 00,0000 in Divorce Finances

When you hear people talking about divorce, they are probably talking about one of three things: how it affects you emotionally, how it affects your children, or how financially debilitating it can be. Marital life typically means that all of your finances and assets are entwined with each other, making it a difficult and stressful time for you when you go to separate them. Divorce can leave you with a sad bank account, a less-than-favorable credit score and thoughts about how you will pay bills alone. Although these issues can weigh on you, there are things you can do to help yourself after your divorce.

Educate Yourself

Before you begin creating a plan of attack for your finances, you have to know what you are working with. One of the first things you need to do is to take stock of all of your assets and debts and determine what is now yours. Divorce means you will be splitting all of these things, though not necessarily equally, but equitably. Figure out what you are working with and then go from there.

Continue Reading ››

 Posted on December 00,0000 in Children of divorce

Divorce can be a troubling time for all families, whether they are a tight-knit family or not. When a family is close to one another, going through a divorce can be even more difficult. If a divorce is especially contentious or heated, relationships between family members can break down, and children can be used as tools to hurt other relatives. Illinois agrees that all parents have an inherent right to spend time with their children; however, this is not the case for grandparents. Thankfully, there are certain non-parents -- including grandparents -- who do have the right to petition for visitation in certain circumstances.

Who Can File a Petition for Visitation?

Only certain people are permitted to file a petition for visitation in Illinois. According to Illinois law, only grandparents, great-grandparents, step-parents, or siblings can file a petition to be granted visitation time. The petition can only be filed if the parent of the child has unreasonably denied visitation, and if at least one of the following is true:

Continue Reading ››

 Posted on December 00,0000 in Illinois family law attorney

Most people have some sort of understanding as to what a prenuptial agreement is. Countless movies and television shows have depicted prenuptial agreements as documents that a wealthy person insists on being signed before the wedding to protect him or herself from a potential “gold-digging” spouse. While that is one reason to get a prenup, there has been a rise in prenuptial agreements in recent years for other reasons, especially among millennials. Prenuptial agreements can be extremely helpful in many ways, including creating protections for your business in the event you get a divorce.

Is Your Business Considered Marital Property?

In Illinois, only marital property is subject to division in the event of a divorce. Marital property includes anything that was acquired after you were married but before a divorce is settled or legal separation is declared. That being said, if you had a business before you were married, the ownership of the business will typically stay with you. This does not mean all is safe, however. If your spouse played any role in the business while you were married, he or she could be entitled to a portion of the growth in the value of the business.

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

It is said that breaking up is hard to do, and it can be even more difficult if you were married and decide to get a divorce. Whether you were married for three years or 30 years, or whether your divorce was amicable or contentious, the emotional pain can still be difficult to process. Feelings of anger, resentment, despair, anxiety, or even rage can be prevalent for some time after the divorce. The question you must ask yourself after a divorce is, “Where do I go from here?” The best thing you can do after a divorce is to begin to focus on yourself and move on with your life. The following are a few practical steps you can take to start a new chapter and stop living in the past:

Work Through Your Feelings

Before you can begin the healing process, you have to work through the feelings that you are undoubtedly experiencing. These emotions may include sadness, bitterness, hate, or even hopelessness. Despite these feelings, you are also probably feeling grief because of the loss of the relationship. This is completely normal, but the only way to get through these feelings is to allow yourself to experience them and grieve the loss of your marriage.

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

For years, there were only two ways you could end a marriage -- by settling the divorce through the use of two different attorneys or by taking the case to court to hash out the issues before a judge. In recent years, the use of alternative dispute resolution has become a more popular form of divorce, rather than the traditional litigated route. There are two main forms of alternative dispute resolution: collaboration and mediation. Both ways of divorcing allow couples to settle divorce issues on their own terms, rather than leaving them to a judge to decide. Many people have a false notion that collaborative divorce and mediation are the same thing, but they are different, and each method has its own unique benefits.

Divorce Mediation

In a mediated divorce, the couple works with a neutral party, called a mediator, who helps them make decisions about their divorce. The mediator does not have to be an attorney, but it should be a person who is trained in mediation and knows divorce and family law. The mediator should be a completely neutral third party to the divorce, and they will not advocate for either spouse. Both spouses may still need to retain their own attorneys to help them understand their rights and legal options throughout the mediation process. An attorney can also go over the divorce settlement and identify any issues that should be addressed prior to finalizing the divorce.

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

Contrary to what many people think, there is more than one way to get a divorce. Traditionally, divorces have been negotiated and issues decided between the two spouses and their attorneys. Occasionally, the court system would be involved if the spouses could not come to an agreement on certain issues. In recent years, alternative forms of dispute resolution, such as mediation or collaborative law, have become popular ways of completing a divorce. While it is true that divorces are often less stressful and much less expensive if you choose one of those alternative forms of divorce, they are not for everyone. Mediation and collaboration may be preferable, but when is it necessary to skip over the niceties and head straight for litigation? Here are a few signs that indicate a litigated divorce could be your best option:

Continue Reading ››