Posted on June 23, 2020 in Child Custody / Allocation of Parental Responsibilities

The COVID-19 pandemic has forced divorced parents in the U.S. to adjust their parenting plans. Social distancing guidelines have changed what is necessary to protect children from harm, which may include limiting their travel between homes and making sure that they are not exposed to the virus. Some parents have gone as far as to create “social distancing contracts” that stipulate what they should be doing to protect their children from the coronavirus. Creating such a contract may seem prudent given the state of the world, but divorce professionals warn that some parents are trying to use the contracts to control their co-parents.

Potential for Manipulation

Co-parenting can be difficult if your co-parent has a history of manipulative behavior, and the public health crisis gives them a new way to try to control you. Your co-parent may try to pressure you into signing a social distancing contract that they wrote, claiming that it is in your children’s best interest. Provisions you see in the contract may include prohibiting you from:

Continue Reading ››

 Posted on June 12, 2020 in Divorce

Once you and your spouse have decided that you want to divorce, you likely want to start the process as soon as you are ready. Creating a divorce agreement can take months while you gather information, negotiate the terms, and wait for your court date. You may also wonder whether Illinois requires you to live separately before you can file for divorce. If you ask this question to someone who got divorced five or more years ago, they may tell you that they had to live separately for months or years before they could divorce. However, Illinois divorce law no longer requires spouses to live separately, though proving that you have already been separated can help in some cases.

How Separation Helps

Illinois practices no-fault divorce, meaning that spouses do not cite grounds such as infidelity for divorcing. Spouses will often, but not always, agree on filing for divorce. When a spouse disputes a divorce, the divorce filer only must prove that there are irreconcilable differences. Prior to 2016, Illinois required spouses who both agreed to divorce to live separately for six months before they could file. If they disagreed on getting a divorce, the separation requirement to prove irreconcilable differences was two years. However, Illinois changed its divorce law in 2016:

Continue Reading ››

 Posted on June 05, 2020 in Parenting Time (Visitation)

Father’s Day is a special celebration for all dads and their children, but the holiday may take on added significance if you are a divorced dad. Many divorced fathers must work hard to maintain a close relationship with their children. Mothers are still more likely to receive a majority of the parenting time with the children, leaving fathers with only a few days with their kids each week. Father’s Day is an excellent opportunity for children to spend quality time with their divorced dad, and mothers should encourage their children to celebrate the holiday. Both divorced parents have a role in ensuring a happy Father’s Day for their children.

Flexibility

Your normal parenting schedule may conflict with a planned Father’s Day celebration. For instance, the children may normally spend part or all of Sunday with their mother. As long as you both agree, you can be flexible with your parenting schedule to allow the father to have more time with the children. You could agree to adjust your schedule so that the mother receives more parenting time on another day in exchange for time on Father’s Day.

Continue Reading ››

 Posted on May 31, 2020 in Business and Divorce

The division of properties and debts is one of the main tasks when making a divorce agreement. You may know that a business that one of you owns can be marital property if it was started during your marriage, increased in value during your marriage, or mingled with your personal assets. When a business is a marital property, does that mean that the business’s debts are also marital debts? There are situations in which a business debt could be divided between spouses in a divorce:

1. Your Spouse Cosigned on a Loan: Your spouse clearly shares liability for a business loan if they agreed to do so by cosigning the loan agreement. Your spouse may cosign if they are a partner in your business or if you need to back the loan with your personal finances in order to qualify. As long as your spouse’s name is on the loan contract, the lender will consider them liable for the debt, regardless of whether you decide to divorce.

   Continue Reading ››

 Posted on May 21, 2020 in Postnuptial Agreements

Couples have the option of creating a prenuptial agreement before they get married, but some never act on it. There could be several reasons for this, such as:

• Believing it is unnecessary given their level of personal assets
• Feeling uncomfortable with the idea of preparing for a hypothetical divorce
• Simply not thinking about getting a prenup or knowing what it is

Now that you have married, you still have the opportunity to create a postnuptial agreement. Like a prenuptial agreement, a postnuptial agreement can decide how you will divide your marital properties, define which properties are separate, and determine whether one of you will owe spousal maintenance to the other. If you did not feel a need to create a prenuptial agreement, you may ask why you would want to create a postnuptial agreement. There are several financial factors that could cause you to change your mind on creating an agreement:

Continue Reading ››

 Posted on May 14, 2020 in Child Custody / Allocation of Parental Responsibilities

Your parenting schedule is only one part of the parenting plan that you will create during your divorce or separation. The plan also states who is allowed to make decisions regarding your children, including their religious upbringing. This means that the plan can tell you which religious beliefs and customs your children should follow, as long as they are conscionable. Parents are encouraged to come to an agreement on religious upbringing, but this can be a contentious subject if you have different religious beliefs than your co-parent. The family law court can make its own ruling on religious upbringing if you cannot reach an agreement.

Points of Contention

Your agreement on religious upbringing may include instructions on:

• Attending regular religious services
• Following customs at home

Continue Reading ››

 Posted on May 07, 2020 in Divorce

Poor communication is one of the fundamental reasons that many couples end up divorcing. Thus, it should be no surprise if your poor communication continues during and after your divorce. Your communication will affect your ability to negotiate your divorce agreement in a timely manner, which may increase the cost of your divorce. If you have children from your marriage, you will need to communicate with your co-parent as long as you are sharing parental responsibilities. Healthy communication between divorced couples requires cooperation from both sides. You can improve your attitude and approach towards communication by following these suggestions:

1. Know When Not to Talk: There are times when you are better off waiting before responding to your spouse, letting your divorce lawyer talk for you, or not responding at all. Avoid talking to your spouse when you are in a bad mood and feel tempted to respond emotionally. If your spouse is the one lashing out at you, do not let them draw you into an emotionally charged conversation. Your lawyer can handle sensitive conversations that are likely to cause conflict.

   Continue Reading ››

 Posted on April 30, 2020 in Division of Assets

Figuring out how you will divide your marital debt is one of the many important tasks you must complete during your divorce. As part of your divorce agreement, you can determine which debts each of you will be responsible for repaying. You also have the option of repaying your debts during or even before your divorce. Getting rid of the debt would relieve a financial burden on your life after divorce. However, it is possible that repaying your debts is not feasible or the best choice in your situation. There are several questions you should answer before deciding whether to immediately repay a debt.

Is It a Marital Debt?

The simple definition of marital debt is one that you entered into while you were married, but other factors can determine who is responsible for a debt, such as:

• Whose name is on the loan agreement

Continue Reading ››

 Posted on April 21, 2020 in Divorce

One of the advantages of being married is having someone to share the workload when it comes to completing the responsibilities that come with adult life. Whether it is intentional or not, spouses tend to assign tasks to each other that become their sole responsibility. When you divorce, you will be responsible for completing the tasks that your spouse previously took care of. There are some tasks that you have experience doing, but you will need to adjust to being the one who does them. For instance, you may need to remind yourself which day you take the trash to the curb for pickup. There are other tasks that will require you to learn new skills. Maybe you have no experience with making meals for your children or paying your bills. Whatever the tasks may be, there are a few steps you can follow to better handle them:

1. Make a List of Tasks: Your first step is to figure out which tasks you need to complete on a regular basis. It may help to write out these tasks in a list. Expect that you will continue to update the list as you realize additional tasks that you are responsible for.

   Continue Reading ››

 Posted on April 13, 2020 in Parenting Time (Visitation)

The parenting time schedule that parents create during a divorce is the best estimate of what times of the week each parent will be available to care for the children. There are always special circumstances in which a parent may be unavailable during their normal parenting time. Maybe your job needs you to stay late or travel for a meeting. Your best friend may have invited you to their birthday celebration. You could become sick to the point that you temporarily cannot function as a parent. If your children are too young to care for themselves, you will be looking for another caregiver, such as a relative, friend, or babysitter. However, some parenting agreements include the right of first refusal, which requires you to offer your co-parent the chance to care for the children before anyone else.

How Do You Create the Right of First Refusal?

Continue Reading ››