Could Your Divorce-Related Legal Expenses Be Considered Dissipation?

 Posted on December 00,0000 in Division of Property

In many divorce cases, finances are a major cause of contention. Depending on the complexity of a couple’s circumstances, the divorce process itself can be very expensive. In addition, divorce requires the marital estate, including all marital assets and debts, to be allocated between the parties. When property division is left to the discretion of the court, Illinois law requires an equitable—not necessarily equal—allocation based on the consideration of a number of factors. These factors normally include the income and resources of each spouse, the contributions of each to the marital estate, and arrangements made for any children. The court must also consider claims of dissipation, or the inappropriate spending of marital assets by one spouse for purposes unrelated to the marriage. But are attorneys’ fees and other expenses of divorce considered “unrelated to the marriage?”

Unclear Statutory Guidance

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Be Careful With Communication During Divorce

 Posted on December 00,0000 in Aurora Family Law Attorney

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.

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Your Expected Role in Allocating Parental Responsibilities

 Posted on December 00,0000 in Allocation of Parental Responsibilities

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

If you have questions about divorce, parenting plans, or the allocation of parental responsibilities, contact an experienced Aurora family law attorney. We will help you find the answers you need so that you can make an informed, responsible decision about how to proceed with your case. Call 630-409-8184 to schedule an appointment at the Law Office of Matthew M. Williams, P.C., today.

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4 Ways to Expedite the Divorce Process

 Posted on December 00,0000 in Aurora Family Law Attorney

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.

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Racing to the Courthouse: Does Filing First Matter in Divorce?

 Posted on December 00,0000 in Aurora Family Law Attorney

Marriages end for all sorts of reasons, some financial, others behavior-based, and still others because of incompatible personalities. While divorce can provide a doorway to happier life, it is understandable that you may not want to put yourself at a disadvantage during the process itself. Whether the problem is genuine or just perceived does not really matter; if you feel a certain way, the impact on you is real enough. Many who are considering divorce often wonder if filing first makes any difference in the proceedings compared to waiting for their spouse to file. The answer to that question is fairly complex and depends on your specific circumstances.

No Legal Advantages

When you consider other areas of the law, such as criminal defense or personal injury, it is usually up to the filing party—the prosecutor or injured person—to prove his or her allegations. Of course, the burden of proof differs by the area of law, and may be shifted to the other party as the case proceeds, but, in general, the party who files has more responsibility and control over the suit. Divorce is unique in that there are no presumed roles or advantages for either party regardless of who files the petition for dissolution. You will each have the opportunity to make requests, file motions, prove your claims, dispute those of the other party, and otherwise be heard as equals throughout the proceedings.

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Calculating Your Spousal Maintenance Responsibility

 Posted on December 00,0000 in Spousal Support

If you are considering divorce, you may already be aware that spousal maintenance, or alimony, is not a guaranteed right for either spouse. Based on the circumstances of your marriage—and especially if you earn significantly more than your spouse, and he or she has been financially dependent on you—you may expect to be ordered to pay spousal support. You may even be quite willing to make maintenance payments as, even though you no longer wish to remain married, you do not need to see your soon-to-be ex-spouse suffer, particularly if the two of you have children together. While you may be expecting to pay alimony, it is often helpful to get an idea of just how much those payments will be and for how long.

Payment Amounts

Assuming the court agrees that spousal maintenance is needed based on the consideration of a number of factors, the law provides a method for calculating spousal support payments. The most common way is through a statutory formula intended to be used in the vast majority of cases in which the couple’s combined income is less than $250,000, and the paying spouse is not supporting children from a previous relationship or another former spouse. In such a case, the amount to be paid is found by taking 30 percent of the payor’s gross income and subtracting 20 percent of the recipient’s gross income. The amount paid as maintenance plus the recipient’s income may not exceed 40 percent of the couple’s combined income.

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Has Your Parenting Time Been Restricted?

 Posted on December 00,0000 in Visitation

There is little question about the difficulty of parenting after a divorce, separation, or break-up. If you have been allocated significantly less parenting time than your child’s other parent, maintaining a meaningful relationship with your child can be even more challenging. But what happens if the other parent convinces the court to restrict or limit your parenting time even further? An experienced family law attorney can help you understand what recourse you may have, and work with you in taking the steps to restore your parental rights.

Grounds for the Restriction of Parenting Time

The governing principle of Illinois family law regarding children and parenting responsibilities is always to serve the child’s best interests. In doing so, the court begins with the presumption that active participation by both parents is best for the child, and, therefore, will allocate parenting time to each parent based on the family’s circumstances. Your parenting time cannot be restricted unless the other parent can show, by a preponderance of the evidence, that your behavior or lifestyle seriously endangers your child. These dangers can be to child’s mental, moral, or physical health, as well as to his or her emotional development.

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Why the Divorce Rate Is Lower Than You Think

 Posted on December 00,0000 in Divorce

Everyone “knows” that half of all American marriages end in divorce, which means the divorce rate is probably right around 50 percent, right? Comparing U.S. Census Bureau’s numbers on marriages and divorces in a given year, this commonly-cited “fact” appears to be completely true. The reality is, however, that numbers without context can be extremely misleading, especially when you consider that marriages and divorces in the same year are not really related to one another.

A Look Behind Numbers

It makes sense when you think about it: couples who are getting married this year—with maybe a few exceptions for remarriage cases—are not the same couples who are getting divorced. The couple applying for a marriage license at the courthouse have very little to do with the couple down the hall filing a petition for dissolution. In fact, according to some research, the divorce rate of those marrying in the 1990s or later closer to one-third than to one-half.

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Your Parenting Plan Could Include the Right of First Refusal

 Posted on December 00,0000 in Child Custody

While parenting after a divorce or a breakup of unmarried parents will nearly always be challenging, your child will benefit from determined cooperation between you and your former partner. While parents have long been permitted to develop their own agreements regarding child custody—as long as they promoted the best interests of the child—the law in Illinois was recently amended regarding child custody and parenting concerns. Today, divorced or unmarried parents are not only allowed to create a parenting plan, but they are fully expected by the court to do so. One element that must be considered in drafting a parenting plan is each parent’s right of first refusal and whether such rights are appropriate for a particular situation.

Extra Parenting Time

At some point, most parents will need someone to watch their children. This, as you might expect, may be frustrating at times for a parent whose time with his or her child is already limited due to a divorce. On the other hand, a parent in that situation may also be looking for additional ways to participate in the child’s life. Including the right of first refusal in your parenting plan could directly address both concerns.

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Strategies for Helping Your Children Cope With a Divorce

 Posted on December 00,0000 in Children of divorce

Divorce is stressful for everyone involved. Children, however, often have the most difficulty adjusting to all of the changes. A divorce can also affect a child for years after the final decree is entered. There are several things you can do as a parent can help your child cope with the divorce.

Listen to Their Problems and Worries

Children, just like adults, feel loved and cared for when they know you are listening to them. This is more than just hearing what they have to say. Listening requires you to both be active in showing you understand what they are worried about while also withholding any judgments or solutions until after the child is done sharing. In fact, resolving their concerns in the moment is less important than encouraging your children to express their feelings honestly.

Find Someone to Talk With

You may feel like you are doing well, but a divorce can wear you down, and you may be tempted to vent to your children. However, such venting can confuse children, make them feel anxious, and can negatively affect their relationship with the other parent, Find a friend or a counselor to talk with about your feelings and frustrations when your children are not around. This will give you more patience with your children and can help you manage your own stress level.

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