Posted on April 23, 2022 in Divorce

While litigated Illinois divorce used to be common, couples are now encouraged by divorce courts to use resources like mediation and collaborative divorce to resolve issues peaceably. Unfortunately, this is not always possible, and some couples still find themselves litigating their divorces in court even when they do not want to. In this blog, we will discuss some potential signs that you may end up litigating your divorce in a trial, as well as what the divorce trial experience looks like. Be sure to consult with an experienced divorce attorney to get customized advice for your situation.

When Does a Divorce Go to Trial?

Certain circumstances make it difficult or impossible to achieve a resolution through mediation or other cooperative methods. These situations include, but are not limited to:

• A spouse who contests the divorce and will not negotiate or settle
• Spouses whose communication is so contentious that compromise is impossible

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 Posted on April 16, 2022 in Divorce

High net worth divorces in Illinois have a unique set of challenges that require a unique set of skills to resolve. Not all attorneys are equipped with the experience and characteristics to manage these complex, often contentious divorces. Because ending a high net worth marriage involves significant high-asset division issues, to say nothing of disputes about child custody or spousal support, it is essential to have a great attorney who has what it takes to manage these problems well. If you are a high-net-worth individual and are considering divorce in Illinois, here are four strengths your attorney should have.

Efficiency

Working quickly and efficiently is essential for moving a divorce along as seamlessly as possible. Managing paperwork, communications, and every other element of divorce with keen organizational skills and without wasting time distinguishes average divorce attorneys from excellent ones. Your attorney should communicate clearly and in a timely fashion, without leaving you with unanswered questions about what they are doing and why.

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 Posted on April 12, 2022 in Asset Division

An important part of every Illinois divorce is the marital property division arrangement. Ideally, spouses work together to devise a plan that allows both spouses to protect their interests and priorities. However, this is easier said than done. When both spouses have sentimental attachments to objects or when one spouse has an object collection of great financial worth, dividing ownership of these objects can become quite complicated. If you are thinking about divorce in Illinois and you want to protect your collectors’ items, read on.

Are My Collectibles Marital Property?

Spouses who have spent years or even decades collecting items may feel strongly that these belongings are their personal property and should not be marital property. But years of hard work invested in growing a collection does not mean it belongs exclusively to the collector if items were purchased with marital funds, and, unfortunately, both spouses’ incomes are considered marital property. An exception to this may be if a spouse bought an item and gave it as a gift to the other spouse; in this case, proving that the item was a gift may still be difficult.

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 Posted on April 06, 2022 in Divorce

Most children in Illinois have a very hard time coping with their parent's divorce. Even older children, who may understand why their parents are separating and even believe it is for the best, usually struggle with anger, resentment, and fear of abandonment. For children who have autism, however, divorce can present an overwhelming emotional challenge.

Children with autism often struggle to manage major changes and may also struggle to communicate what they are feeling. Add to this the fact that autism can make it difficult to cultivate close emotional relationships, and divorce - which removes one parent from the child’s home on an ongoing basis - can prove to be a very difficult challenge for everyone involved. If you are considering divorce and have a child on the autism spectrum, here are some tips that may make the transition easier.

Explain Changes Before They Happen

Most parents with children on the autism spectrum find that their child thrives on predictability. Change, especially sudden or unexpected change, can be very difficult for autistic children to manage well. Whenever possible, preface changes by letting your child know before they happen. Some parents find visual aids helpful, including regular reminders like calendars that make custody arrangements easy to visualize and understand. Rather than making changes all at once, try to make changes gradually so your child is not overwhelmed by everything changing at the same time.

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 Posted on March 31, 2022 in Divorce

The vast majority of Illinois divorces are resolved without courtroom litigation. Alternative dispute resolution methods like mediation and collaborative divorce give couples the opportunity to reach an agreement about issues like property division and parenting arrangements. However, sometimes couples are engaged in intense interpersonal conflict; other times, fundamental disagreements about facts cannot be overcome so that a settlement can be reached.

Whatever the reason, a couple may find themselves litigating their divorce in court and may need to build their case before a judge. While a judge in a divorce trial will make decisions according to Illinois law, his or her decisions can be influenced by the presentation of facts according to each spouse’s attorney as supported by statements, witnesses, and other evidence. This is when an expert witness may be helpful.

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 Posted on March 26, 2022 in Post-Judgment Modification & Enforcement

While many Illinois couples look forward to the finalization of their divorce as the day when their problems with their ex will end, for some couples, divorce is only the end of certain problems and the start of new ones. Although divorce decrees are enforceable court orders that both spouses must follow, not all spouses feel equally bound to abide by the law and may violate the terms of the divorce decree in ways that cause serious difficulties for the other spouse, especially when children are involved. If your former spouse is flouting your divorce decree, you may want to get help from an experienced Illinois divorce attorney.

The Reason for the Violation May Affect the Response

If your ex has stopped making child support payments because he unexpectedly found himself out of work, you may be able to talk to him and set up an arrangement that works for you both until he gets back on his feet financially. It is generally best to avoid a heavy-handed court response for minor violations that are the result of changing circumstances when other solutions may be more effective.

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 Posted on March 18, 2022 in Child Custody

Even after parents have finalized their divorce and settled on a court-ordered custody arrangement, concerns can linger. Parents often get divorced because of significant differences of opinion regarding appropriate parenting methods, and these differences do not simply go away once parents are no longer living in the same home. Often, parenting styles simply come down to differences in character or preference; one parent may view the other as irresponsible, uncooperative, or frustrating, but as long as the children are cared for and safe, these differences are mostly harmless.

Sometimes, however, parental behavior crosses a line into abuse. Because you are not in the home with the other parent, and because children cannot always clearly communicate what is happening, it can be difficult to know whether your child is at risk of being abused. But if you have concerns about their safety or wellbeing, it is better to be safe than sorry.

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 Posted on March 14, 2022 in Divorce

Divorce is a complex topic, and while every Illinois couple faces a unique set of challenges when getting divorced, those who get divorced after age 55 tend to share a common set of issues. Colloquially known as "gray divorce," divorces that happen later in life may not deal with some of the more challenging issues related to children but often present more difficult problems related to finances. Even if divorcing spouses are exiting the relationship on good terms, decades of financial entanglement often make gray divorce a complex process that requires the help of attorneys and financial experts. If you are considering a gray divorce in Illinois, here are some challenges you may want to anticipate.

Permanent or Indefinite Spousal Maintenance

After a couple has been married for 20 years or more, a court may award permanent alimony payments, especially if one spouse gave up significant career or educational opportunities to raise children and run a household. Spousal maintenance payments must be supported by a life insurance policy that lists the recipient as a beneficiary in case the paying spouse passes away first.

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 Posted on March 11, 2022 in Divorce

Divorce poses a particularly difficult set of challenges. Often spoken of as even more difficult than the death of a spouse, a divorce can divide an Illinois family, strain parental relationships with children, and put former spouses under great financial stress. Because divorce also involves separating from a life partner, feelings of loneliness and grief are very common - even if you are convinced that getting divorced was the right decision. While nothing but time can completely allow the hurt of divorce to heal over, here are four tips for moving past divorce more quickly.

Find a Great Therapist

Finding a therapist who works with your personality and therapy style can be difficult, especially if you are already down and not feeling very motivated. But a great therapist can be immensely helpful in processing feelings after a divorce. He or she can also help you recognize patterns of behavior in yourself that may have contributed to the breakdown of your marriage so you have a better chance of a healthy relationship next time you find someone special.

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 Posted on March 04, 2022 in Divorce

While most people feel some sense of sadness after divorce, others experience a profound sense of regret - not because they got divorced, but because of choices they made during the divorce. Divorce is one of the most difficult experiences a person can go through, and it understandably makes even the most patient and rational person have moments of unreasonableness. But while it can be tempting, and perhaps even justified, letting your anger or emotions get the best of you during divorce is a recipe for trouble. If you are going through an Illinois divorce right now, here are four mistakes to avoid for a better divorce now and a clearer conscience in the future.

Involving Your Children in Your Fights

Parents getting divorced have to settle difficult matters together, often during the time they get along least. Creating a parenting plan that details parental responsibilities and parenting time present a major challenge, especially when couples dislike each other strongly. However, the worst thing you could do during parenting plan negotiations is getting your children involved in your arguments with your spouse. They are not responsible for the divorce and they do not have the maturity or the understanding to appreciate what is really going on. Protect your children from conflict as much as possible, and you will look back knowing you did the right thing for them.

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