Posted on December 10, 2020 in Child Custody / Allocation of Parental Responsibilities

When parents choose to get divorced, they will need to address a wide variety of legal issues related to their children, and they will need to determine how they can continue to work together as co-parents to meet their children’s needs in the years following the end of their marriage. Since divorce can be an emotional and stressful process, parents’ negative attitudes toward each other may spill over into their interactions with their children and affect children’s relationships with both parents.

When one parent attempts to negatively influence their children’s attitudes toward the other parent, this is known as parental alienation. Whether it is done intentionally in hopes of gaining an advantage in decisions about child custody or is a by-product of a parent’s emotional difficulties during the divorce process, parental alienation should be addressed promptly to ensure that it does not cause harm to the children or affect the other parent’s parental rights.

Continue Reading ››

 Posted on December 03, 2020 in Spousal Maintenance

Getting divorced can have a major impact on your finances. You will probably need to make a number of adjustments as you shift from managing a home using the income that you and your spouse earned together to using a single income to cover your ongoing expenses. If there is a disparity between the income you earn and the amount your spouse makes, this could introduce additional complications into your divorce proceedings. In these cases, spousal maintenance, which is sometimes referred to as spousal support or alimony, may be appropriate.

When Is a Spouse Eligible to Receive Maintenance?

Spousal maintenance is not appropriate in every divorce, but it may be awarded if one spouse earns the majority of the family’s income or if the other spouse has been reliant on the wages and benefits earned by their former partner. For example, a stay-at-home parent may not currently earn any income, and their former spouse may be required to make ongoing payments to ensure that they can maintain their accustomed standard of living following the divorce.

Continue Reading ››

 Posted on November 30, 2020 in Child Custody / Allocation of Parental Responsibilities

If you have recently ended your marriage, or if you are currently going through a divorce, you may be dreading the holiday season. As a newly single parent, you may still be adjusting to spending less time with your kids, and the prospect of being alone during a time that had previously been focused on family may have you stressed out. When adding these concerns to the ongoing risks that everyone is facing during the COVID-19 pandemic, you may be wondering how you will get through the coming weeks. However, by making the right preparations, you can not only survive the holidays, but you can begin the next year on the right foot.

Suggestions for the Holidays After Your Divorce

Here are some tips you can follow during this time:

1. Plan parenting schedules in advance - You and your former spouse may have already reached an agreement on how your children will divide their time between the two of you, or you may still be hammering out the details of your parenting plan. You will want to be sure to understand which days your children will spend with each of you during the holidays, how children will be transported between your homes, and any other details, allowing you to avoid conflict with your ex. You should also share this schedule with your children so they know what to expect.

   Continue Reading ››

 Posted on November 19, 2020 in Division of Assets

Getting a divorce involves dealing with many different types of legal and financial concerns. While you may be primarily focused on matters such as the custody of your children or the ownership of your property, you will need to understand how your divorce will affect your financial future. If you have begun saving for retirement, understanding what will happen to these savings will be crucial for ensuring that you can maintain financial stability later in life. An experienced divorce attorney can help you determine how to divide retirement accounts and pension benefits with your spouse.

Division of Retirement Plans and Pensions

During your divorce, you and your spouse will need to divide all of your marital property. This includes most of the assets that you acquired, either together or separately, during your marriage, as well as your marital debts. While Illinois law does not require assets to be divided equally between the two of you, it does state that your property should be divided in a fair and equitable manner. 

Continue Reading ››

 Posted on November 12, 2020 in Prenuptial Agreements

In most cases, marriage is meant to be a permanent partnership, and a couple will plan to stay together for the rest of their lives. However, it is important to remember that a significant percentage of marriages end in divorce. While the actual divorce rate in the United States is difficult to determine accurately, it is generally considered to be between 40 and 50%. Even though it may be unpleasant to contemplate, recognizing the distinct possibility that your marriage may end in the future can help you consider how you want certain issues to be handled in a potential divorce.

By discussing these matters with your partner before you get married, you can determine whether a prenuptial agreement is right for you. This type of legal agreement can provide both of you with reassurance that you will have the financial resources you need if your marriage ends, and by making decisions now, you can take some of the uncertainty and conflict out of the divorce process. A prenup can also include provisions to ensure that certain assets will be given to your children, or it can be used to protect a business that you or your partner own from being negatively affected by a divorce.

Continue Reading ››

 Posted on November 05, 2020 in Judgment Modifications

There are many different important decisions made during a divorce, and in many cases, one or both parties may be unhappy with the final divorce decree or judgment. Fortunately, these decisions are not necessarily “set in stone.” If things have changed in your life or your former partner’s situation, or if you need to make adjustments to better meet your children’s needs, you may be able to pursue a post-divorce modification. However, you should be sure to understand what can and cannot be changed and the procedures that you will need to follow when doing so.

Allowed Modifications to a Divorce Order

While there are some parts of your divorce agreement or judgment that may be changed, one issue that cannot be updated after divorce is the division of marital property. Even if you believe that this division was unfair or did not take certain factors into account, you will be unable to reopen that issue and change the decisions that were made.

Continue Reading ››

 Posted on October 30, 2020 in Divorce

For some couples, the idea of planning for divorce seems downright unnecessary. Not everyone sees the end of their marriage coming, even when it has been unraveling for some time. It is easy to remain in denial or to be so swept up in work, friends, and other activities that you do not realize the marriage is over until the warning signs are unmistakable. Marriages can end suddenly, and when they do, couples are often left to race around and pick up the pieces, with little to no preparation at all. 

How to Start Preparing for an Illinois Divorce

If you were not expecting your relationship to end so abruptly, you may be left with little choice but to face the music and begin chipping away at the filing process. Even the most peaceful splits entail a great deal of work from both parties. From arranging parenting plans and discussing possible spousal maintenance to dividing assets and planning for relocation, your hands will likely be full as you are thrust into the separation experience.

Continue Reading ››

 Posted on October 26, 2020 in Child Custody / Allocation of Parental Responsibilities

Out of all the issues that divorcing couples must decide on, the allocation of parental responsibilities and parenting time can often be the most difficult. Even in the most amicable of divorces, child custody decisions can become heated. This is why it is important to have a skilled DuPage County family law attorney working for you when drawing up an equitable parenting plan agreement.

Important Considerations in an Illinois Parenting Plan

Although it may seem impossible to be proactive for every situation that may come up, there is a range of decisions that you and the other parent will want to make sure you address in order to avoid serious parenting disagreements in the future. These topics include:

• A basic parenting time schedule – The parenting schedule should clarify how much time the child will spend with each parent. The schedule should also spell out clearly who will be responsible for transporting the child for parenting time exchanges. If there are no safety concerns, and both parents get along fairly well, exchanges are usually done at each other’s homes. However, if there is too much acrimony between parents, then a neutral location may be better. In cases where safety is a concern, such as when domestic violence has been an issue, then locations such as police departments may be chosen.

  Continue Reading ››

 Posted on October 19, 2020 in Divorce

We experience stress every day, whether we are at work, at school, or even just dealing with mundane tasks, but major life events like a divorce can put even more stress on you as you deal with the immense pressure of making decisions that will affect you and your family for the rest of your life. Fortunately, there are certain things you can do to help yourself through this troubling time. Here are a few tips to help keep your stress levels to a minimum during your divorce:

#1. Get Your Priorities in Order

Before you even begin making decisions in your divorce, you should know what you want out of the divorce. What is most important to you? Do you want to make absolutely sure that you get your fair share of the marital property? Or are you more concerned with getting the parenting time you want? Figure out what your priorities are, and focus the majority of your time and energy on them.

Continue Reading ››

 Posted on October 12, 2020 in Divorce

Filing for divorce is a momentous decision. Before you begin the process, it is a good idea to ensure that you are prepared in every way possible. The last thing you want is to be knee-deep in divorce proceedings and realize you are unprepared to navigate a critical question. 

Preparing For Divorce Financially

The first thing any professional will recommend is to begin saving money. It is not only attorneys that cost money—you will likely encounter many different bills, and without your spouse’s income, it may be harder to pay them. It is imperative, however, that you do not attempt to hide your assets, at least not money such as your paycheck that can be considered marital property. Illinois is an equitable distribution state, meaning that marital property is distributed to the spouses in the most equitable manner possible upon a divorce. Concealing money that is earmarked as marital property, as spouses’ paychecks usually are, can lead to accusations of hiding assets.  

Continue Reading ››