Posted on November 15, 2021 in Divorce

The internet has become a huge part of most people’s everyday lives. We can pay our bills, shop, or even get a degree, all from our home computer. If you are thinking about divorce, you may wonder if you can reduce divorce costs and speed up the process through an online divorce or “do it yourself” divorce. While the idea of a DIY divorce may initially seem attractive, many people who choose this route are met with unforeseen consequences.

DIY Divorce Services are One-Size-Fits-All

Getting divorced is one of the most significant things you will ever do. The financial, legal, and personal implications of your divorce will likely affect you for years after the split.  So-called “online divorce” usually consists of little more than forms that you can fill out with basic information. These divorce services are one-size-fits-all and do not take into account the particulars of your situation

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 Posted on October 26, 2021 in Divorce

Developing a parenting plan is often one of the hardest parts of an Illinois divorce. If you are a divorcing parent, you may have many different questions and concerns about child custody. You may be worried that you will not get to spend enough time with your kids after divorce. You may also have questions about your rights as a parent under Illinois law. One aspect of the parenting plan many people misunderstand or overlook is the “right of first refusal.”

Parenting Time Schedules in an Illinois Divorce

Illinois law no longer refers to “child custody” and “visitation.” Instead, the law breaks parenting duties into two components:

• Parental responsibilities – Parental responsibilities are how parents make decisions about their children such as where the child goes to school or the types of medical care the child gets.

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 Posted on October 20, 2021 in Divorce

The complexity of a divorce case depends on how quickly and easily spouses can resolve divorce issues. Spouses must divide debts and assets, handle child-related concerns like child custody and child support, and determine if one spouse will pay spousal maintenance to the other. When a couple owns a business or professional practice or other complex assets, property division will be much more involved. Disputes regarding parenting time and responsibilities can also complicate the divorce process considerably.

In situations such as these, spouses have several options: They can pursue traditional divorce litigation or they can use an alternative divorce resolution method like collaborative law.

What is a Collaborative Divorce?

Divorcing spouses often want to resolve divorce issues with as little hostility as possible. Contentiousness adds to the stress and expense of a divorce. If you are interested in resolving your divorce amicably, but you still want guidance from divorce professionals, collaborative divorce may be right for you. In a collaborative divorce, both spouses hire their own attorneys. However, the attorneys and the spouses work collaboratively to resolve divorce issues.

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 Posted on October 06, 2021 in Divorce

Every parent dreams of the perfect family. Unfortunately, many parents reach a point where they realize that getting divorced may be the best option for them and their children. When kids are constantly exposed to their parents’ hostility and disagreement, they can suffer emotionally, developmentally, and academically. For some families, divorce is the right option.

If you are ready to call it quits on your marriage and get divorced, you have probably spent a good deal of time thinking about how to tell the children. When is the best time to tell children about divorce? How much information should I tell them? What if my spouse is not ready to announce the separation?

Plan the Conversation Carefully

Telling your children that you and their other parent are divorcing is one of the most important conversations of your life. Consequentially, it is important to decide in advance what you will say and when. Experts explain that it is best to wait until you are absolutely certain before you tell the children about the divorce. If possible, sit down with your soon-to-be-ex and all of your shared children and have the conversation as a group. If you have children of varying ages, you may need to go back and have age-appropriate follow-up conversations with each child specifically. However, the first announcement should occur with every child present. Telling one child before the others can make them feel as if they have to lie to their siblings – which can increase their stress.

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 Posted on October 01, 2021 in Property Division

People often assume that the emotional and personal aspects of their divorce will be the hardest issues to deal with. However, many are surprised to learn just how complicated the financial and logistical parts of the divorce are. The division of marital property can be particularly complex – especially if the spouses have high incomes or own complex assets. If you are planning to divorce in Illinois, you may have questions about what property belongs to you, what belongs to your spouse, and what property is contained in the marital estate.

Marital and Non-Marital Property

Per Illinois law, assets and income that a spouse earns while he or she is married is marital property contained within the marital estate. There are a few exceptions to this rule, including inheritance and gifts. Property that a spouse owned before getting married is separate property and belongs solely to that individual during divorce.

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 Posted on September 27, 2021 in Child Support

Disabilities come in all forms. Some disabilities, such as cerebral palsy or spina bifida, are often immediately apparent. Other disabilities, like autism, are invisible to a casual observer. Whatever the specific disability, having a disabled child can be extremely challenging for parents. Many disabled children require specialized medical care, education, and assistive devices. Parents may also need to forgo working outside of the home to care for a disabled child. This can lead to significant financial stress. For unmarried or divorced parents, child support payments can help cover these costs. However, what happens when a disabled child becomes an adult?  

Continuing Child Support After Adulthood

Child support typically ends once a child reaches adulthood and/or completes an undergraduate degree. At this point, the child is expected to provide for his or her own needs. However, a disabled child may be unable to reach the same level of financial independence as a child without a disability. Fortunately, Illinois law reflects this reality. Parents with disabled children may be able to receive non-minor support or child support that continues past childhood.

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 Posted on September 22, 2021 in Divorce

You may have heard that experts consider divorce to be the second-most stressful life event a person can endure. Divorce is second only to the death of a spouse in terms of emotional and psychological pain. Understandably, many divorcing spouses are eager to get the divorce process over with so that they can move on to a happier post-divorce future. If you are ending your marriage in Illinois, you may ask, “How long will it take?”

Factors that Influence the Duration of a Divorce Case

Each divorce is unique. Countless factors can influence the length of a divorce, including:

• The amount of conflict regarding divorce issues – Couples who agree on the terms of their divorce are in for a much faster resolution than couples who disagree. You and your spouse may be able to reach an agreement about who should keep the marital home, how to divide marital property, and other divorce concerns on your own or with help from a divorce lawyer or mediator. If you cannot agree on these issues, you may reach a resolution through collaborative divorce or litigation. A skilled divorce lawyer can sit down with you and help you figure out the best way to address disagreements about divorce issues.

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 Posted on September 13, 2021 in Divorce

If you are a parent who is in the middle of divorcing your spouse, you may be feeling overwhelmed at the thought of the back-to-school season. For many parents, the beginning of the school year is already stressful. Ending a marriage during this hectic season only adds to the stress. Fortunately, there are steps you can take to mitigate this stress – for both you and your kids.

Establish Consistency and Reduce Conflict with a Temporary Child Custody Order

You probably already know that divorcing parents must abide by a “parenting plan” which describes the parenting time schedule (previously called visitation) and allocation of parental responsibilities. However, the parenting plan does not go into effect until after the divorce which may take months or years to finalize.

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 Posted on September 07, 2021 in Divorce

In a divorce, each spouse must provide current, accurate financial information. Whether the divorce is settled out of court or it goes to trial, financial data is crucial. Spouses cannot reach a settlement on the division of property and debts or spousal maintenance without this information. The court cannot determine a reasonable child support payment amount without accurate financial information. Nearly every aspect of your divorce case is influenced by finances. So, what happens if a spouse lies about income or property during the divorce?

Undisclosed Assets and Hidden Property

In an attempt to sway the terms of the divorce in their favor, some spouses lie about their financial situation in the divorce. They may “forget” to disclose an offshore account or fail to mention their expensive jewelry collection. They may transfer wealth or real property to friends or family members to shelter it from division. Some spouses overpay the IRS or use a small business to hide assets. This type of financial manipulation during divorce is unlawful. If a divorcing spouse is caught lying about finances under oath, they may be held in contempt of court and subject to serious penalties.

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 Posted on August 27, 2021 in Child Support

Originally published: May 11, 2020 -- Updated: August 25, 2021

UPDATE: Parents who have experienced financial issues that have affected their ability to pay child support will want to take the correct steps to avoid the issues described below. This has been a major concern for many parents during the COVID-19 pandemic, and those who have lost their jobs or who have experienced health issues that have affected the income they are able to earn will want to make sure they take the proper measures to avoid penalties for failing to meet their financial obligations.

Family courts will often recognize financial hardship experienced by parents, but unless a parent takes action to inform the court of these issues, they will be required to follow the terms of their child support order. This means they must continue making monthly payments, and in addition to making up any missed payments, they may also be required to pay interest on these past-due amounts. To avoid these issues, a parent can file a petition for a modification of their child support obligations as soon as they have experienced financial issues that affect their ability to pay. While the court may not immediately grant a request for modification, any modifications that are made may be retroactive to the date the modification request was filed. 

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