Posted on December 22, 2020 in Mediation

Getting a divorce means making decisions that will affect you and your family for the rest of your lives, and it is safe to say that it should not be taken lightly. Many people think that you only have one option when it comes to getting a divorce: litigation in court. However, just as there is more than one way of getting married, there is more than one way of getting divorced. Another increasingly popular method of dissolving marriages is mediation. Examining the pros and cons of each type of divorce can help you decide which would be better for you.

The Basics of Divorce Litigation

Many people consider litigation to be the traditional divorce method. In a litigated divorce, both spouses are represented by their own lawyers who provide legal advice and represent their client’s interests in court, with the goal of convincing the judge to issue a final decision in their client’s favor.

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 Posted on December 21, 2020 in Child Custody

Christmas is just a few days away, and a week after that, 2020 will be over. This year’s holiday celebrations are likely to be different than most of us have ever experienced, as many families will only be able to get together through telephone calls or video chats. For parents who are subject to shared parenting arrangements, the holidays can be difficult enough already. Add in this year’s unique challenges, and things have the potential to be even tougher. As you look toward the approaching holidays, it is important to work with your co-parent, if possible, to help your children have the best experience you can offer them.

Communication and Compromise

If you normally share parenting time for the holidays, you and your child’s other parent should do what you can to be patient and kind to one another. Family celebrations—including video calls—may run long, and if families are getting together in person, the weather in Northern Illinois is often unpredictable. It is a good idea to plan your days out in advance, including which of you will be picking up and dropping off if there will be travel between homes, but be courteous and gracious to the other parent if things do not go exactly according to plan.

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 Posted on December 16, 2020 in Asset Division

The distribution of assets is an important element in most Illinois divorce cases, and it can often lead to misunderstandings and arguments between the spouses. Items with sentimental value may cause even more disagreements than higher-value assets such as the marital home or vehicles, as both spouses might have an emotional attachment, making them less agreeable to parting with a particular piece of property. If you are interested in keeping a family heirloom, a specific work of art, or any other item with sentimental value, there are some ways you might be able to do so.

Is the Item a Marital Asset?

Whether or not a sentimental item is considered marital property depends on several factors. The two most important factors are when and how the item was acquired. Under Illinois law, an asset is generally considered marital property if it was acquired by either spouse during the marriage. If the item in question was yours before you got married, you typically have the right to keep it following your divorce.

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 Posted on December 14, 2020 in Child Custody

If you have recently gone through a breakup or divorce, it is natural that you would want to move on to a new relationship. However, when you and your ex have children together and a child custody case pending, the other parent and the court may have a right to know more about the people you are spending time with, especially if that time is spent around your child.

How a Court Makes Custody Decisions

When a judge in Illinois is making a decision about parental responsibilities and parenting time, the judge must consider what is in the best interest of a child. Some of the factors a judge will consider include: 

• What arrangement provides the child with the most stability?

• Who can best provide for a child’s physical, mental, and emotional needs?

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 Posted on December 09, 2020 in Child Custody

The issue of child custody—officially known as the allocation of parental responsibilities under Illinois law—is often among the most difficult concerns to resolve in a divorce. Parents who have spent years raising their children together may suddenly be arguing over the role that each of them will play in the lives of their children. A dispute over parental responsibilities can quickly become a very stressful and emotional situation for both the parents and the children. In some cases, extended family members are affected as well.

Every case is unique, and parents facing such a dispute should not make any assumptions about the level of responsibility that they will be granted. Instead, they should keep in mind a few important factors that may influence the outcome.

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 Posted on December 07, 2020 in Alimony/Spousal Support

Those who are facing a divorce generally have many questions about both the process and what the future will look like after the divorce is finalized. One of the more common concerns is whether alimony is going to be a part of the divorce decree. In many situations, alimony—known as "maintenance" in Illinois—becomes a point of contention between the spouses. If a divorce is looking to be increasingly likely for you and your spouse, it is important to understand some basic things about spousal support in Illinois and when such support is awarded.

How Is Spousal Maintenance Used?

Spousal maintenance is intended to reduce the negative effects of a divorce on the lower-earning or otherwise financially disadvantaged party. Several decades ago, spousal support was a fairly standard part of many divorce cases. This was because most households typically relied on one spouse’s income—most often the husband—while the other partner—the wife, usually—worked significantly less or not at all. The spouse who worked less often focused on household and child-related responsibilities. When a couple in such a situation got a divorce, it was almost impossible for the spouse who earned less to support herself, particularly if she was awarded primary custody of the children. Therefore, it was common for a divorce decree to include an order for alimony to be paid by the higher-earning spouse, at least until the lower-earning spouse could support herself.

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 Posted on December 02, 2020 in Divorce

The decision to get divorced often comes about after a long period of strife or unhappiness in a marriage. Many couples struggle with the decision for some time before finally contacting an attorney to start the process. If you have been thinking about divorce for a while but are unsure if it is the right move, there are a number of questions that you should consider.

Have You Done Everything You Can to Fix the Relationship?

The first important consideration is whether or not all reasonable steps have been taken to save the marriage. What constitutes “reasonable steps” is different for different people, but it could include couples therapy, individual counseling, or marriage retreats—not to mention in-depth discussions between you and your spouse. There are also many self-help books that might help address the problems you and your partner may be dealing with on a daily basis.

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 Posted on November 25, 2020 in Collaborative Law

Making the decision to file for divorce does not have to lead to a future involving long, stressful hours spent in court. In fact, many couples do not even set foot in a courtroom to create their divorce agreement. Resolving your divorce through a trial is a process known as divorce litigation, and it is typically reserved for those with an especially contentious relationship who are unable to come to an agreement on their own. If you foresee that you and your spouse will argue over every little detail, divorce litigation may be your only option. If, however, you and your spouse are ending things amicably, a collaborative divorce may help you reach a resolution more quickly and on a more positive note.

What is a Collaborative Divorce?

Collaborative divorce is a process in which you and your spouse negotiate the terms of your divorce, rather than having a judge make these decisions for you. This includes determinations regarding spousal support or maintenance, the division of assets, child custody, child support, and more. In a collaborative divorce, you and your spouse can each hire your own specially certified divorce attorney to act as your legal representative and help guide you through the divorce process. You will likely meet one-on-one with your attorney for advice on how you should proceed, as well as in conferences with your spouse and his or her attorney to negotiate the details of your divorce agreement. You may also seek advice from other professionals, such as financial advisors, child custody specialists, and more. Once you and your spouse have come to an agreement on each matter, you will have contact with a family court judge who will sign your prepared agreement, making it legally enforceable moving forward.

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 Posted on November 24, 2020 in Prenuptial and Postnuptial Agreements

While it has become more common to have them, the truth is that not every couple needs a prenuptial agreement—also referred to as a prenup—at least not in Illinois. Some couples or individual partners insist, but in many cases, there is not enough between the two people to warrant a careful, item-by-item disposition, which is often what a prenuptial agreement turns out to be. However, a prenup can be beneficial under some circumstances, and it is a good idea to consider whether it might be right for your marriage. 

Do You Have Extensive Assets?

As one might imagine, couples with significant assets individually or between them will benefit from a prenuptial agreement in multiple ways. Perhaps the most common is in dealing with property division issues during divorce proceedings. Illinois adheres to the theory of equitable distribution, meaning that all marital property is divided in the most equitable or fair way possible, rather than giving each spouse half, as might happen in a community property state. A prenuptial agreement is one of the easiest and most common ways to clarify whose assets are whose before the marriage, meaning that all the specified assets can be classed as non-marital property, and thus likely not subject to division.

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 Posted on November 20, 2020 in Child Custody

It is rather common for people to move after they divorce. Sometimes, they move due to a new job or promotion, and other times, they move to be closer to family. Whatever the reason, there are certain rules parents must follow when they wish to relocate with their child. Any parent who has been allocated the majority of or equal parenting time can seek to relocate with his or her child, but there are certain procedures that must be followed.

The Definition of “Relocation”

Under Illinois law, a relocation is defined as a move of a certain distance by a divorced or single parent who is subject to a co-parenting plan and who has at least half of the parenting time with his or her child. Specifically, a move is considered a relocation when such a parent moves with his or her child more than 25 miles from a home in DuPage, Cook, Kane, McHenry, Lake, or Will Counties, or more than 50 miles from a home in any other Illinois county to a new home somewhere else in Illinois. A move is also a relocation if the parent moves more than 25 miles from a home anywhere in Illinois to a new home in another state.

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