Posted on November 17, 2020 in Divorce

Although the divorce rate in the United States is slowly declining, there is one demographic that has seen a significant increase in divorces in recent decades: Americans over age 50. In fact, data shows that one in four adults currently going through a divorce is aged 50 or above. These so-called “gray divorces” can be substantially more complex than divorces involving younger individuals. When older adults get divorced, there are special concerns that they must consider.

Spousal Maintenance Is Often Ordered After a Long Marriage

Many divorce cases do not involve any type of alimony or spousal maintenance. Generally, alimony is only granted when a divorce causes one of the spouses to be at a significant financial disadvantage. For example, a stay-at-home mother who sacrificed a career to care for her children will likely have a much lower earning capacity than her husband who remained in the workforce during the marriage. Illinois courts make spousal maintenance decisions based on factors such as:

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 Posted on November 13, 2020 in Child Custody

Many parents’ primary goal during divorce proceedings is to ensure they maintain a close relationship with their children. Illinois law recognizes the importance of both parents remaining in their children’s lives, and has recently moved away from the term “custody” to the “allocation of parental responsibilities,” which emphasizes the importance of the parents coming to an agreement. However, disputes about children can still sometimes be bitter, and it is important to understand your rights as a parent if you find that your relationship with your children is being challenged.

Parenting Time Rights in Illinois

Unless you have been convicted of certain crimes, or otherwise deemed to be a threat to your children’s physical, mental or emotional health, you are legally entitled to parenting time—formerly known as visitation—with your children. For your former spouse to deny this is actually against the law. However, the form your parenting time takes may vary, and it may not be exactly equal to that of your ex, depending on factors like your work hours and where you live in location to where the other parent is located. For example, a parent who lives in a rural area several hours’ flight away from where the other parent and children live may receive less frequent in-person parenting time than a parent who lives 15 minutes away in the next town.

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 Posted on November 09, 2020 in Paternity

When a child is born to parents who are not married or who have never been married to one another, this can pose a few problems. Under Illinois law, a man is only presumed to be the father of a child if he was married to the mother when the child was born, or if the couple had been married within 300 days before the child’s birth. If neither is true, then the parents must establish legal paternity for the child another way. Many times, before a court will issue an Order of Paternity, it will require that the mother, alleged father, and child submit to genetic testing to determine the true biological father of the child.

Genetic Testing Procedure in Illinois

A child gets half of his or her genes from the mother and the other half from the father. DNA testing works by comparing the genes of the child with the genes of both parents. The person conducting the genetic testing will be chosen by the court, but you are also permitted to conduct independent genetic testing if you so choose. The Illinois Paternity Act states that DNA samples can be from blood, bone, hair, or other bodily fluids, though the most common way to gather DNA samples is from a simple swab of the cheek.

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 Posted on November 06, 2020 in Divorce

For many couples, the advice they get as they experience a divorce can often seem repetitive and, at times, even useless. Hearing the same suggestions for a successful, happy post-divorce life over and over again can be discouraging, especially when those suggestions seem downright unrealistic. We all know the standard recipe for a healthy lifestyle: eat well, exercise, and make time to do things we enjoy. On the surface, this formula for well-being appears practical, but when your marriage is in the midst of ending, it is not always so easy to strike that balance.

Finding Your Balance

Everyone adjusts differently to a divorce, depending on your personal situation and the circumstances that led up to the split. It is helpful to recognize that there is no need to rush through your emotional recovery, as it is a natural process that needs to take place. However, it is also a good idea to set goals for yourself and to be aware of signs that you are in a rut and are having trouble with the transition.

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 Posted on November 03, 2020 in Divorce

One of the most important decisions you will make when going through a divorce is choosing who you will retain to be your divorce attorney. Having the right attorney—one who is not only skilled at his or her craft but also one who you feel comfortable and confident with—is crucial to having a successful divorce.

When meeting with a divorce attorney for the first time, there are several areas that you should make sure you find out information about. These areas include:

Attorney and Legal Fees

The amount an attorney charges, including their hourly rate, any required retainer, and other possible attorney and legal fees, is something that every attorney should be forthcoming with. No one needs any surprise fees, especially while going through such a life-changing event. Although an attorney cannot predict the exact amount your divorce may cost, he or she should be able to explain the standard charges, as well as situations that could come up which could cause those costs to increase.

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 Posted on October 28, 2020 in Asset Division

There are multiple decisions and negotiations that divorcing couples must grapple with. Many of these decisions are highly emotional, including the allocation of parental responsibilities, ownership of the family home, custody of the family pet, and even possession of sentimental personal items the couple has amassed during their time together. So many of these decisions revolve around the present that it can be easy to overlook the future issues, such as the division of retirement funds and pensions. For this matter especially, having a skilled divorce attorney assisting you can be critical.

There are many factors to consider when trying to determine how these funds will be divided, including tax implications and early withdrawal penalties if the transaction is not handled correctly. Knowing ahead of time the best way to manage each of these accounts can save a great deal of time, stress, and money.

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 Posted on October 23, 2020 in Divorce

There is little question that a divorce can be a difficult and taxing experience. It can be especially tough when one or both spouses refuse to communicate or only communicate in ways that add to the tension of the split. When couples already had communication problems long before the separation, the potential for a breakdown in overall communication or a discussion that turns toxic may be even greater during the divorce process. 

Common Communication Issues in the Divorce Process

Psychology experts indicate there are specific behaviors that many people exhibit while interacting with their spouse during the divorce that are often responsible for unproductive—and sometimes hostile—communication. These problematic communication patterns can quickly sabotage even the simplest of discussions, making the divorce process that much harder for both parties.

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 Posted on October 21, 2020 in Post-Judgment Modification & Enforcement

Your life does not, of course, remain static. You may move, remarry, have children, or experience any other major event that will cause drastic life changes. If this happens, it may be necessary to make a modification to your divorce judgment, because what once was acceptable may now be too expensive, or it may be inequitable in terms of cost or time spent. Still, a modification may not be made simply on a whim. There are requirements that must be met in order to make such adjustments.

What Can Be Modified?

Under Illinois law, almost every part of a divorce decree can be modified if sufficient evidence is shown for the necessity. Most of the time, updates are requested due to changes in living conditions, such as the loss of a job or a relocation. Generally, however, the most common type of change requested in Illinois is the modification of spousal or child support.

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 Posted on October 16, 2020 in Divorce

Divorces can drag on for many months, if not longer. If proceedings stall, it can be difficult to get through the process alone. Men and women both face the temptation to date before they are officially divorced, even though this can lead to potential problems with their ex-spouses. There are positives, such as companionship during what can be a trying time, but the social and financial negatives tend to outweigh them. In fact, many divorce attorneys will advise you to wait before beginning a new relationship.

Spouse and Child-Related Issues

Despite your best intentions, it can seem like a slap in the face to your ex-spouse if you cannot wait to date a new person until after the divorce is concluded. While in theory, it has ceased to be their business, in practice, a jealous or bitter ex-spouse can drag out proceedings, costing you significant time in court and money in attorneys’ fees. While there are limits as to what a party can do to hold up the process without facing potential sanctions, it is very possible for a divorce to drag on exclusively due to one party’s intransigence.

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 Posted on October 14, 2020 in Finances and Divorce

Illinois couples who are considering a separation or divorce should also begin the process of evaluating their debts. When couples elect to divorce in Illinois, the partners are required to divide both their debts and assets. If the matter of debt and asset distribution is left up to the court, the state’s equitable distribution guidelines will be utilized. In most cases, these rules are not conducive to the wide variety of financial situations couples may be contending with. Also, it is important to understand that the state’s equitable distribution guidelines do not mean that all debts and assets will be divided equally. Instead, they will be divided in a manner that the court deems to be fair and just based on the circumstances.

Prenuptial Agreements Often Fail to Address Marital Debt

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