Ways to Cope with Separation and Divorce

 Posted on December 00,0000 in Life After Divorce

For many people, divorce is one of the most emotionally demanding and stressful situations they will go through. Not only do you have to deal with the long and demanding legal divorce process, but you also have to figure out how to cope with the fact that you are ending a major relationship in your life, which can bring about a myriad of emotions. In order to come out of the divorce right side up, you have to figure out how to cope with these emotions and work your way through this emotional process.

Allow Yourself to Grieve the Loss of the Relationship

If you are going through a divorce, one feeling you will probably come across is grief. Grief is a natural response to the loss of something, in this situation, the loss of your relationship. It is important that you allow yourself to feel the emotions that come with grief, such as anger, sadness, fear, and confusion. The sooner you can emotionally accept that the relationship is over, the sooner you can begin your process of self-healing.

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Protecting Credit in Divorce

 Posted on December 00,0000 in Divorce Finances

Though the actual act of divorcing does not affect your credit score, divorcing can have an effect on your credit through indirect ways. Women, especially, have traditionally had issues with their credit ratings after divorce because men were traditionally the breadwinners of the families and controlled the finances. Although things have changed, there are still a majority of women who have financial issues after divorce. One of those issues is trying to rebuild credit after years of intermingled credit with their spouses. Understanding steps you can take before and after your divorce to help protect your credit can be crucial to your financial wellbeing. Close Your Joint Accounts The first step you should take after you begin the divorce process is closing all of you and your spouse’s joint accounts. Because the accounts are joint accounts, both you and your ex are responsible for the accounts and the debts accrued on those accounts. By closing the accounts, you are preventing your ex from spending any more money on them and designating the debt to one person, rather than both of you. Keep Paying Your Bills You should also remember that it is a top priority to keep paying all of your bills, even if you are going through a divorce. On credit cards, make at least the minimum monthly payment, and for mortgage payments, you should pay them in full. Even one missed payment can damage your credit score and can cause future lenders to deny you or raise interest rates for you. Establish Your Own Credit One of the more important steps you can take to protect your credit is to establish your own credit under solely your name. Getting a credit card that has a small limit, such as a credit card from a store, can raise your credit score if you pay off the card as soon as you use it. Get Help from an Experienced Aurora Divorce Lawyer

If you are thinking about a divorce, one of the things you need to address is your finances and how you will be financially after the divorce. With the help of a knowledgeable DuPage County divorce attorney, you can take the necessary steps to protect yourself and your credit during and after your divorce. Contact the Law Offices of Matthew M. Williams, P.C. to begin discussing your situation. Call the office at 630-409-8184 to set up a consultation.

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Understanding the Best Interest of the Child in Illinois

 Posted on December 00,0000 in Child Custody

When you are going through divorce proceedings, one of the many facets that you will come across is issues pertaining to your children. In Illinois, physical child custody and visitation are called parenting time and legal custody is called parenting responsibility. When making decisions about these things, the court is always taking into consideration the best interests of the child. The majority of parents are concerned with their child’s best interests, but their views of what is best for the child can sometimes be clouded by everything else surrounding the divorce. Understanding what the court considers best for the child can help you anticipate what decisions the court will make with your case. What Is the “Best Interest” of the Child? In legal terms, the best interest of the child is used in most cases involving decisions made about children. This means that the judge presiding over the case will base his or her decision about parenting time and responsibilities on a number of factors to best suit the child’s individual needs. All states have some sort of standards set in place to determine what is in the child’s best interests. Determining Factors in Illinois

The Illinois Juvenile Court Act of 1987 set into place specific factors judges take into consideration when a “best interest” determination is required. The child’s age and developmental needs are taken into consideration, along with:

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Establishing Paternity in Illinois

 Posted on December 00,0000 in Paternity

When a child is born, it is automatically known who the child’s mother is--this is not the case for the child’s father. In Illinois, if a couple is not married or in a civil union when the child is born, the father is not legally considered the father of the child and his name cannot be added to the birth certificate until paternity is established. The only time there is a legal presumption of paternity is if the mother and the father of the child were married or in a civil union at the time of the child’s birth, or were married within 300 days before the child was born. Establishing paternity is important for both the parents of the child and the child itself.

The Importance of Determining Paternity

When a child’s paternity is in question, the father does not have any legal rights when it comes to the child. In order for a father to have rights to parenting time or parenting decisions, like decisions about the child’s healthcare or education, paternity must be established for the child.

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Child Representative in Illinois Divorce Proceedings

 Posted on December 00,0000 in Child Custody

Divorce is not a walk in the park--some divorce cases can become extremely nasty pretty quickly. Unfortunately, in cases where there is a lot of fighting between spouses, the children often get lost in the shuffle. The parents are so preoccupied with fighting with each other that the best interests of their children often get pushed to the bottom of the pile, even if it is unintentional. Illinois courts recognize that divorce can wreak havoc on the emotions of those going through the divorce process, so they have put measures into place to make sure that the best interests of the children involved in these divorce proceedings are kept at the forefront.

When Is a Child Representative Used?

The Illinois Marriage and Dissolution of Marriage Act states that any proceeding that deals with issues of support, visitation, custody, allocation of parental responsibilities, education, parentage, property interest or general welfare of a dependent child warrants a reason for the court to appoint a representative of some kind for the child involved in the hearing. There are three types of representation that is recognized in Illinois:

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How the Collaborative Divorce Process Works in Illinois

 Posted on December 00,0000 in Collaborative Law

It has often been said that breaking up is hard to do. This can be especially true if you are getting a divorce, which has emotional and financial impacts, not to mention the life upheaval it brings. Not all divorces have to be full-on feuds, though. A form of alternative dispute resolutions, a collaborative divorce is designed to keep the peace between separating spouses and come out on the other side with a settlement that is mutually agreeable. What Is Collaborative Divorce?

The theory behind a collaborative divorce is that both spouses will work together (or collaborate) to come to an agreement that they can both be satisfied with. Both spouses have their own lawyers, much like a traditional litigated divorce. Rather than deciding issues in court, the collaborative process takes place in private meetings between the two spouses and their lawyers where the group negotiates their issues, rather than having a judge decide their outcomes. Collaborative divorce begins with both spouses sign an agreement stating that they will:

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Signs a Marriage Is Over

 Posted on December 00,0000 in Divorce

All marriages were are not created equally. Sometimes, for whatever reason, it just does not work out and it would be better if the two of you went your separate ways. But knowing when to call it quits can be a stressful and confusing time. While there is no magic answer to exactly when you should file for divorce, there are things you can consider when making your decision. You Are Only Staying Together for the Children Children understand and pick up on far more than most people give them credit for. They will know if their parents are in an unhappy marriage and studies have shown that parents staying in an unhappy relationship can actually be worse for your children than a divorce. While divorce will probably affect your children in some way, it will not be anywhere as damaging as growing up in a conflict-ridden home. You and Your Spouse Cannot Seem to Resolve Your Conflicts If you have tried to improve your conflict resolution and have even been to see a marriage counselor and still have not been able to overcome your issues, it may be time to think about a divorce. Counseling only works if both spouses are willing to critically look at their behaviors and change what is not working. If one spouse is not completely in it to win it, there is no way of reconciling what has been broken. You Are Being Treated Poorly Marriage should mean that you are being loved and respected by your spouse. If you have found that you are no longer being treated in a way that you deserve, it can be time to move on. If you are being abused, whether it be emotionally, physically, or in any other way, you should take immediate action by getting a domestic violence restraining order while you file for divorce. Nobody deserves to be treated in an abusive manner. Consult with a DuPage County Divorce Attorney

Even if you are not completely set on the idea of divorce, it can be wise to at least meet with a knowledgeable Aurora divorce lawyer to discuss your specific situation. While deciding to divorce is never an easy decision to make, in some situations, it is for the best. If you decide to go through with a divorce, the Law Office of Matthew M. Williams, P.C. can help you with every aspect, from property division to dividing parenting responsibilities. To set up a consultation, call the office at 630-409-8184.

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Parental Responsibility Proceedings: Interviews, Evaluations, and Investigations

 Posted on December 00,0000 in Child Custody

For some people, divorce may be a peaceful process. They may already know who will get the house, who will keep the dog and where their child will live. And if they do not already know, they may be able to quickly agree on those things. For the majority of divorcing couples, the decisions are not that easy and deciding parental responsibilities can become a long and combative process. When this happens, Illinois courts may decide to take things into their own hands and conduct interviews, evaluations, and investigations as to what the best parenting arrangement would be for the child. The Illinois Marriage and Dissolution of Marriage Act allows the court to require evaluations if the parents cannot come to an agreement on their own. Court Interviews Because the determination of parental responsibilities directly affects the child, it is important to understand his or her wishes in regard to the situation. Sometimes, the child does not have the chance to voice their wishes and in this case, the court will conduct an interview with the child to try to determine what they would prefer. According to the Act, counsel will be present during the interview and the interview will be recorded by a court reporter. Professional Evaluation

In addition to interviews, the court may either appoint a professional to conduct an evaluation or if a parent requests an evaluation, will allow either parent to choose a professional for the job. The professional’s job is to interview the parents and the child, observe the child with each parent, review court documents pertaining to the case, contact other professionals such as teachers, daycare workers, therapists and doctors and conduct psychological testing if needed. The professional’s report to the court must contain:

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Important Illinois Divorce Terms

 Posted on December 00,0000 in Divorce

When you are going through a divorce, it can be a confusing process, especially because of all the words and legal terms that are used in divorce proceedings and paperwork. Understanding all of the legal jargon that is used during this process is crucial to you reaching a divorce settlement that you are satisfied with. Even some words that have normal meanings can have different meanings when used in a legal setting, which is why it is important that you educate yourself on specific words and phrases used in Illinois divorce proceedings. Marital Property: The Illinois Marriage and Dissolution of Marriage Act states that marital property is all property, including debts, that is acquired by either spouse during the marriage.

Non-Marital Property: The Act also states that there are exceptions to marital property, which is called non-marital property. Examples of non-marital property include:

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Uncontested Divorce: How to Speed Up the Illinois Divorce Process

 Posted on December 00,0000 in Divorce

In a divorce, things can get ugly and they can get ugly fast. Once you have made the decision to separate from your spouse, the last thing you want to do is spend months, even years, arguing with them over certain things, attending court hearings, and waiting for the courts to finalize everything. This is the case for many couples who cannot come to an agreement on things. When you make the decision to divorce, you want the divorce to go as quickly and as smoothly as possible. This is where a joint simplified dissolution of marriage may come in handy. What Is a Joint Simplified Dissolution of Marriage?

This type of divorce is an uncontested divorce, meaning there are not any points of disagreement or argument between the two parties who are getting divorced. Generally, for the divorce to be uncontested, both spouses have to agree on:

• Division of the marital property;

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