Posted on February 02, 2021 in Divorce

For many people, the decision to end their marriage is not a sudden one, but one that is made after a period during which there has been a gradual erosion of the relationship. If you are considering a divorce, or you have already made the decision, you should take certain steps to gather all the legal and financial information and documentation you will need to help you reach the best possible divorce settlement.

Preparing Yourself Emotionally for Divorce

Even if you are the one who is seeking the divorce, you will most likely find yourself navigating an emotional roller coaster over your decision. As difficult as it may be, try to avoid allowing these emotions to rule your behavior. Seeking out the services of a professional therapist often helps in staying focused, even more so than confiding in family and friends. A therapist is unbiased and can help guide you through working through the feelings you are dealing with about the divorce. What you share with the therapist is also confidential, unlike sharing with a friend, who may repeat what you tell them, possibly allowing the information to get back to your spouse.

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 Posted on January 29, 2021 in Prenuptial and Postnuptial Agreements

Most people have heard of prenuptial agreements, but many consider them something that happens in Hollywood or with other wealthy couples. However, there are quite a few ways in which an “ordinary” couple could benefit from drafting and signing a prenuptial agreement. While you may think that you will never split up, the reality is that a substantial number of all marriages—up to 40 percent or more, according to some estimates—end in divorce.

What is the Purpose of a Prenuptial Agreement?

A prenuptial agreement is primarily a formal way for a couple to decide how their property and assets should be split up in the case of a divorce. As such, it is somewhat like a property settlement that is agreed to before anyone is even thinking about filing for a divorce. It is important to keep in mind that a prenuptial agreement can also address concerns, such as investments and life insurance, that may be applicable during the marriage as well.  

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 Posted on January 25, 2021 in Asset Division

Among the many issues that need to be decided during a divorce is how to divide the couple’s marital assets and debts in an equitable way between the two spouses. This usually involves the division of real estate property, furniture, vehicles, bank accounts, retirement accounts, stocks, and other items of value. However, when one spouse owns a business or the spouses own a business together, that business is also likely to be an asset for which ownership must be determined during a divorce.

Determining the Value of a Business

The first thing to understand is that both the rights to the business and the value of the business must be considered to determine whether it is a marital asset and how it will be handled during the property division process. Under Illinois law, a marital asset is an asset that is acquired by either spouse during the marriage, with limited exceptions. This generally includes a business that was started or acquired during the marriage.

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 Posted on January 22, 2021 in Divorce

The divorce process is likely to be rife with challenging decisions and difficult considerations for you and your spouse to manage. The two of you will need to deal with both your current situations, as well as your expectations and plans for the future, especially if you have children together. Among the myriad concerns that most couples face is the decision regarding who should be the one to file the formal divorce petition and when the petition should be filed. Is there an advantage to filing before your spouse does, or does it really matter who files first? The answer, as with most divorce-related questions, is that it depends on your unique circumstances.

Are There Legal Advantages to Filing First?

For the majority of divorcing couples in Illinois, filing first does not offer any special advantage from a legal perspective. The titles that will be used in your proceedings will be different depending on who filed first. The filer is referred to as the "petitioner" or "plaintiff," and the other spouse is known as the "respondent" or "defendant," but both parties have equal rights and responsibilities during the proceedings. You will have opportunities to bring up issues and express your objections whether you are the petitioner or the respondent.

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 Posted on January 19, 2021 in Collaborative Law

Study after study over the past several decades has documented the effects that hostile divorces have not only on the couple who is breaking up, but also the children of those marriages. A contentious divorce can have an impact on both emotional and physical long-term health for all involved. With almost half of all first-time marriages ending in divorce, and even more second and subsequent marriages not working out, it is hard to avoid being affected by divorce one way or another, whether it is your own or that of your parents or your adult children.

However, not all divorces have to be quite so difficult. More and more law firms are offering clients the option of collaborative divorce, and many of those clients are choosing that option as the more peaceful way to end their marriages.

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 Posted on January 15, 2021 in Child Custody

If you share parental responsibilities regarding your child with a former partner who has proven time and again to be inconsistent and unreliable, terminating his or her parental rights may make the most sense to you. However, under Illinois law, unless there is another party willing to step in and adopt the child, parental rights usually will not be terminated at the request of the other parent, unless there are extreme circumstances involved.

What Does Termination of Parental Rights Mean?

When a person’s parental rights are terminated, it means that he or she is no longer legally responsible for a child. When this happens, the terminated parent no longer is required to make child support payments, but he or she also no longer has rights to parenting time or any say in how the child is being raised.

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 Posted on January 12, 2021 in Mediation

When you are getting a divorce, there are several ways to complete the process of dissolving your marriage. One way is through traditional litigation, which leaves the issues of the divorce to be decided by the court. You and your spouse could also attempt to negotiate the terms of your divorce on your own, or perhaps each with your own attorney providing guidance. However, many couples find that the process of mediation is the most efficient and effective divorce method. Before you decide how to proceed, understanding the advantages and disadvantages of mediation can help you choose the best option for your divorce.

What Is Divorce Mediation?

During divorce mediation, the two spouses discuss their unresolved issues in front of a mediator. A mediator is a third party who will aid divorcing spouses in conflict resolution. His or her job is to be a neutral advisor during the mediation process, helping to clarify misunderstandings and guiding the spouses toward making decisions. The mediator does not represent either spouse and therefore cannot provide either one with direct legal advice, but it is helpful to have a mediator who understands all of the legal complexities of the divorce process, including the allocation of parental responsibilities (child custody), parenting time (visitation), and the division of assets.

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 Posted on January 08, 2021 in Annulment

If you got married fairly recently and you and your spouse are starting to experience some serious problems, you might be thinking that your marriage was a mistake. Maybe you and your spouse did not quite know each other as well as you thought, or maybe the things about your spouse that you once found endearing are no longer as appealing now that you are married. Many couples who find themselves in such a situation may consider filing for divorce, but some give thought to the idea of seeking an annulment. After all, they were not married very long, so an annulment can just undo the marriage, right?

Under Illinois law, an annulment does not simply “undo” a marriage. In fact, what used to be called an “annulment” is now known as a declaration of invalidity of marriage, and it is only available under very specific circumstances. Simply being unhappy with your spouse is not among them.

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 Posted on January 05, 2021 in Divorce

For many people, divorce is an uncomfortable topic. In the 1980s, the divorce rate was as high as 40 percent in the United States. While this rate has been on the decline over the past few decades, this is small comfort to those who are going through the difficult process of ending their marriage. There are many factors that may make you want to leave your spouse, and informing your partner about the desire to get a divorce is never an easy task.

Why Do People Get Divorced?

In 2018, the most recent year for which data is available, there were more than 780,000 divorces or annulments in the United States. While infidelity is a common reason couples choose to end their marriage, many people are able to repair their relationship through marriage counseling. Here are some other factors that tend to contribute to couples getting divorced:

• Getting married too young - Research shows that the "best" age to get married is between 28 and 32. People who get married before the age of 25 are more likely to get a divorce.

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 Posted on December 29, 2020 in Child Custody

A divorce is the end of a marital relationship, but if you have children, your final court date is most likely not the last you will see of your ex-spouse. Though you and your spouse may not live together anymore, you still have to figure out how you will share parenting responsibilities and duties. These tips can help you increase your chances of successful co-parenting after a divorce:

Tip #1: Keep Your Emotions Under Control

If you are recently divorced, it is not unusual for you to still have lingering emotions about the end of your marriage, but it is important that you put those emotions aside for the benefit of your children. Anger, resentment, and jealousy have no place when it comes to parenting your children. Keeping a level head is one key to successful co-parenting.

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