Posted on February 28, 2022 in Child Custody

Parenting is not easy under normal circumstances, but parenting during divorce tests the limits of even the most patient parents. Raising a child with a former spouse, especially if there are years of marital conflict preceding the divorce, is a very challenging endeavor. Recognizing this, parents getting divorced in Illinois are required to submit a detailed parenting plan for approval by an Illinois court. Here are three tips for getting the most out of your parenting plan.

Work Together

While the last thing you may want to do with your ex is sit down and discuss important aspects of your co-parenting future, the time and cooperation you invest in this process now can reward you for many years to come. Spouses who work together to create a parenting plan are more likely to be satisfied than spouses who wait and rely on a judge to create one for them. Even when it seems impossible, mediation can help high-conflict couples focus on specific issues to create a parenting plan that works for everyone.

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 Posted on February 24, 2022 in Asset Division

As the average age of marriage in Illinois increases, many couples are getting married and living in a home that one spouse already owns. Years later, when the couple gets divorced, determining whether the home is marital property can prove trickier than anticipated. If you are considering divorce in DuPage County, IL, and are curious about how your home may be treated in the asset division process, read on.

Is a Home Personal or Marital Property?

If one spouse already owned a home outright before the marriage, and the other spouse moved in once the marriage began, the home will likely be seen as the personal property of the spouse who previously owned it. Generally speaking, assets and debt that were owned by one spouse before a marriage remain the property of that spouse after a divorce.

However, this can get complicated if the other spouse helped pay for significant renovations or if the house was not owned in full when the marriage began. Even if one spouse never technically paid for the home because he or she was engaged in the full-time effort of raising children if the house was paid off using marital money (which is any money earned by either spouse during the marriage), at least part of the house will likely be seen as marital property.

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 Posted on February 22, 2022 in Alimony/Spousal Support

Economic partnership is an unromantic but critical part of marriage. The longer a couple is married, the more intertwined their finances become. Their standard of living is dependent on one another, especially if one spouse gave up career prospects to raise a family, and when one spouse earns significantly more than the other, divorce can be financially devastating.

Illinois law provides support for divorced spouses in the form of spousal support, also known as alimony or spousal maintenance. While spousal support is not awarded in every divorce, it is often given when one spouse needs time to get back on their feet financially. Sometimes a couple has been married for so long that a person’s age, lack of education, or lack of work history makes it virtually impossible for them to become financially independent. When this happens, an Illinois court may order permanent alimony.

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 Posted on February 16, 2022 in Mediation

It is no secret that getting a divorce is a difficult process that is often fraught with conflict. But even divorcing spouses who get along relatively well may still be interested in keeping the process as peaceful as possible. Whether you anticipate a hostile divorce or are on good terms with your spouse, alternative dispute resolution strategies can be helpful. In fact, very few divorces in Illinois go to court because alternative dispute resolution is so successful that it is often ordered by judges before a case can proceed to trial.

There are two major types of alternative dispute resolution when it comes to divorce: Mediation and collaborative divorce. While they share some similarities, knowing the difference between these two strategies can help you decide which one is right for you.

A Mediator is Not Necessarily an Attorney

During the mediation process, a mediator will help spouses prioritize, stay focused, and remain results-oriented. Mediators are trained professionals who are intimately familiar with Illinois divorce laws, and they are often but not always attorneys. Conversations during mediation meetings are confidential and have the goal of moving a couple closer towards divorce by creating a divorce agreement that both spouses find fair and which is likely to be approved by an Illinois judge.

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 Posted on February 11, 2022 in Child Support

Before major changes to Illinois’ child support laws in 2017, parents could calculate their child support obligations according to the paying parent’s income and how many minor children they had to support. Today, Illinois uses a new method called the “income shares” method. Parents getting divorced, as well as parents who are modifying an old child support order given before the change in the law, will have payments calculated according to both parents’ net incomes and parenting time allocation. If you are paying child support to more than one person, it is important to understand how the income shares method impacts you.

What Is Illinois’ Income Shares Method?

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 Posted on February 04, 2022 in Finances and Divorce

In an ideal world, love would be all we need to be happily married; in real life, financial conflict can lead to serious problems in a marriage. Whether one spouse refuses to live within their means, does not pursue gainful employment, or consistently fails to pay monthly bills on time, differences in financial behaviors and opinion about how to manage finances leads to many divorces in Illinois.

In some situations, the financial problems a couple faces may leave them contemplating bankruptcy as they are simultaneously filing for divorce. Understanding how divorce and bankruptcy can influence each other is essential for making wise decisions about your finances now and setting yourself up for success in the future.

Can We File for Divorce and Bankruptcy at the Same Time?

While a couple can technically file for divorce at the same time as they file for bankruptcy, bankruptcy is a federal process that will take precedence over divorce. A bankruptcy court may require a couple to finalize their debt problems before they finalize their divorce, which could delay the divorce and make it more difficult to address personal issues between spouses that may be causing the financial problems to begin with. An Illinois judge may allow the parts of the divorce that are unrelated to finances to move forward, but the final divorce decree will not be handed down until the bankruptcy is complete.

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 Posted on January 31, 2022 in Divorce

Many marriages in Illinois are ended either directly or indirectly through infidelity. When a spouse finds out their partner is cheating on them, they may feel an entire range of emotions, from surprise and anger to betrayal and confusion. One common question that spouses who have been cheated on have for their attorneys is whether they can pursue legal action against their cheating spouse or the spouse’s new partner. 

In previous years, the answer was yes. Illinois used to allow jilted spouses to pursue something known as “heartbalm torts”. Essentially, these were civil claims allowing a spouse to sue a third party for damages caused by infidelity. But in 2015, Illinois abolished these so-called “heartbalm torts.” However, if your partner’s infidelity contributed to the loss of marital funds before the divorce, or suggests they may be unfit for parental responsibilities, you may still be able to take action. 

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 Posted on January 24, 2022 in Divorce

Most divorced couples never want to see the inside of an Illinois courtroom again. But life changes over time, and the circumstances that necessitated certain arrangements in a divorce decree may no longer apply. If you are divorced and have recently experienced a significant change in your circumstances, you may want to petition an Illinois court for a divorce decree modification. Modifications are only approved in specific circumstances; for more information about whether you may be able to request a modification, read on. 

When Can a Divorce Decree Be Modified in DuPage County? 

A divorce decree usually permanently settles all the issues in a divorce. Property division, child custody arrangements, and spousal support are all described in detail in a divorce decree and courts will not usually modify the terms unless certain requirements are met. 

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 Posted on January 20, 2022 in Family Law

Parents of young children often have bitter or hostile feelings towards each other after divorce. Although Illinois is a no-fault divorce state, meaning parents can get divorced for any reason, anger over issues like infidelity, emotional unavailability, abuse, or neglect can often linger long after the divorce proceedings have ended. If you fear that bitterness over the divorce is causing your ex to interfere in your relationship with your child, an experienced Illinois family lawyer may be able to help. 

What is Parental Alienation? 

One way some parents deal with their negative emotions towards each other is by trying to get revenge through certain behaviors with their children. Some parents may not even do this on purpose; they may simply be so angry towards their ex that it comes out in every aspect of their lives. Regardless of the reason, children can suffer tremendously when one parent tries to alienate them from their other parent. When this reaches the point that a parent is trying to interfere with a parenting agreement or causing serious disruption to the parent-child relationship, it may be time to take action. 

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 Posted on January 17, 2022 in Divorce

Divorce is notorious for being difficult to afford, yet people on tight budgets finalize their Illinois divorces every day. While the services of a great attorney are rarely free, there is no reason that financial restraints should force anyone to stay in a terrible relationship. If you are considering divorce in Illinois and are wondering if you can afford it, here are five tips for making divorce more affordable. 

Use a Mediator

One of the things that can make divorce more expensive is a long, drawn-out negotiation period. When spouses cannot agree on important issues like parenting time and asset division, a trained mediator can help them meet, prioritize, and stay focused on problem-solving without letting personal issues get in the way. Although it may seem counter-intuitive, paying for a mediator early in your divorce can help you save a lot of money in the long run. 

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