Posted on December 31, 2020 in Collaborative Law

Over the years, the trends and typical practices in family law have changed and evolved as society has. Decades ago, it was common for a couple to take their divorce to a judge to have him or her sort the issues out, rather than resolving the issues out themselves. Now, most divorce court systems across the country encourage couples to work with one another as much as possible to create a divorce settlement that is mutually agreeable. One such practice that has been shown to greatly increase the success rate of uncontentious divorces is utilizing the collaborative divorce process. 

Benefits of Collaborative Divorce

While some couples may be on the same page when it comes to getting a divorce, the unfortunate truth is that most couples will not be. Most of the time, one partner (typically the one who did not initiate the divorce) is much more hesitant and can even be more adversarial than the other partner, making the divorce process that much more difficult. The collaborative divorce process offers a way for both spouses to work together with their attorneys and a team of supporting professionals in a cooperative manner to produce a divorce agreement. For many couples, the collaborative divorce process carries many benefits that can greatly enhance and improve their divorce experience. These benefits include:

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 Posted on December 21, 2020 in Spousal Maintenance

One of the most stressful and frustrating aspects of divorcing your spouse is the financial aspect of the situation. For some couples, the money side of the divorce may not be of much concern, but for most couples, getting a divorce puts a real financial strain on both parties. According to Bankrate, the average cost of a divorce is around $15,000, but the final price tag could be upward of $100,000 in extremely contentious divorces. That is a hefty bill for anyone to foot, especially for those who are disabled or who have been homemakers and who have not held a career. In some situations, spousal maintenance, also known as alimony, can be paid by one spouse to another to help with living expenses. However, spousal maintenance is not awarded in all divorce cases.

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 Posted on December 14, 2020 in Divorce

In many ways, divorcing when you and your ex have children together is much different than divorcing and just worrying about yourself throughout the process. When you get a divorce and you have children, there are various elements of your divorce that differ, or that are now required during your divorce process. One of the most important elements of any divorce that involves children is the parenting plan, which must be submitted to the court and approved before the divorce can become final in Illinois. The parenting plan is an important element in setting forth rules for co-parenting, parenting time schedules, significant decision-making responsibilities, how child-related expenses will be shared, among others.

Basic Requirements for Your Parenting Plan

Parenting plans are a requirement that the state of Illinois has set forth for all divorcing couples who have children, but they can actually be a helpful tool when transitioning to a co-parenting relationship. Your parenting plan will serve as the blueprints for how you and your ex should approach co-parenting after your divorce is finalized. The state has a list of elements that all parenting plans must contain at a minimum, but you have the ability to add as much detail as you would like to your parenting plan. 

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 Posted on December 08, 2020 in Divorce

If you have ever seen any television show or movie about a couple involved in a divorce, you have probably seen the typical depiction of the pair arguing over who gets things like the home, the cars, certain household items, or even custody of the children. Many people going through a divorce, even in real life, forget about what is often one of their most valuable and important assets -- their retirement fund. In Illinois, you and your spouse are required to divide the value of any asset that is considered to be a marital asset, which could include a portion of both you and your spouse’s retirement fund. An Illinois divorce lawyer can help you understand your rights to any retirement funds that you or your spouse may own and how to establish ownership to those funds.

Determining if the Plan Is Marital Property

In Illinois, marital property is defined as any property that is acquired by either spouse during the time of the marriage, with a few exceptions. Retirement funds can be all marital property, all non-marital property, or a combination of both. If a spouse began a retirement fund and made contributions to that fund before the marriage, that portion of the contributions would not be subject to division, while the rest would be. However, if the retirement fund was excluded by a valid prenuptial or postnuptial agreement, then the entire retirement fund would be considered non-marital property.

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 Posted on November 30, 2020 in Divorce

When you tell someone that you are getting a divorce, their first question is often, “Why?” There are a million reasons why couples get divorced, ranging from infidelity to dissatisfaction, to domestic abuse. Prior to 2016, the state of Illinois allowed couples to choose between filing a “no-fault” or “fault” divorce, in which reasons such as adultery and alcohol or drug abuse could be used to place blame for the divorce on one of the spouses. Now, only “irreconcilable differences” are cited as being the reason for a divorce, so as not to assign blame to either spouse. However, couples can still be considered to have a contested or uncontested divorce, depending on the level of cooperation between the individuals. Filing an uncontested divorce has many benefits, like saving time and money, but it is not always feasible for everyone.

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 Posted on November 23, 2020 in Divorce

Each year, there are millions of divorces that take place across the country. According to the National Center for Health Statistics, the latest data shows that there were an estimated 2.9 divorces for every 1,000 people in the United States in 2018. While that number has decreased somewhat since 2000—when the rate was an estimated 4.0 divorces for every 1,000 people—divorce still remains a common occurrence in our country. Many of these divorces involve children and bring along a litany of issues that must be settled because of it. Parents often wonder how their divorce will affect their children and what they can do to prevent any effects from taking hold. If you are going through an Illinois divorce with your children, here are a few things you should keep in mind:

• Avoid fighting in front of your children at all costs. It is not the divorce itself that is the cause of the stress and other long-term effects in children, such as anger, depression, and school/social difficulties. Multiple studies have shown that it may actually be exposure to conflict and arguments that cause these negative consequences to take root. You should try to avoid arguments or other fights until you and your spouse are away from your children or alone.

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 Posted on November 16, 2020 in Property Division

For many couples, the asset division process is one of the most contentious issues that they must face when they get divorced. Although the asset division process is not as emotionally charged as proceedings involving child custody or parental decision-making, the decisions made during the asset division process can be significant. The decisions you make when determining how you will split up your property and divide your debt have the potential to impact your life for years to come. If you are going through a divorce in Illinois, it is important that you understand how the asset division process works.

Illinois Is an Equitable Distribution State

Each state across the country has different divorce laws. Some states are considered to be “community property” states, which means they generally split all assets in an equal, 50/50 split. Illinois is not one of those states and is instead considered to be an equitable distribution state. This means that marital assets will not always be split in an “equal” manner, but they will always be distributed fairly and equitably. 

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 Posted on November 09, 2020 in Divorce

When you are in the midst of a divorce, it can start to feel overwhelming, like there is no end in sight. Divorce negotiations can be unpredictable, leaving you with much to wonder about, including what your life will be like after your divorce is over. There are so many questions that you likely have on your mind -- where you will be living, if you have to sell your home, and whether or not you will have enough income to support yourself and your children if you are a parent. Regardless if you are a stay-at-home parent or you work outside of the home, many people have financial worries when they go to get a divorce. 

Financial Considerations

The best way to ensure you are in good financial standing after your divorce is to take the proper steps to protect your financial health during your divorce. Here are a few ways you can be proactive in preparing your finances for post-divorce life:

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 Posted on October 30, 2020 in Divorce

For many people, most of their knowledge about divorce is simply what they have seen played out in movies or TV or from stories they have heard from their family and friends who have gone through a divorce. No two divorces are the same, so there are many things that may come as a shock to couples who end up going through the process. This can be especially true when it comes to couples who have children. Parents getting a divorce have many additional issues to worry about, including allocating parenting time and parental responsibilities. For many parents, one of the biggest shocks can be realizing just how much less time they will be spending with their children.

Examining the Determining Factors

Nearly all family law practitioners and the court system encourages you to work together with your spouse to work out a parenting time agreement, but when a couple becomes contentious with one another, the court must sometimes intervene. If the court has to step in to make decisions about issues such as allocating parenting time, the decision will be made based on what is determined to be in the child’s best interests. To do this, the court looks at a variety of factors involving your situation, including:

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 Posted on October 26, 2020 in Divorce

“We need to talk.” Those four words have so much power and weight to them, especially when you are in a romantic relationship with someone. The conversation that you must have when you tell your spouse that you want a divorce can be extremely difficult. It often requires you to face the conflict head-on and outwardly admit that you are unhappy in your marriage. Even though it is not a conversation you necessarily want to have, it is a conversation that you must have if you are thinking about ending your legal union with your spouse. Whether you and your spouse have tried to make the marriage work for years or the marriage is simply over, having this conversation is the first step in initiating the divorce process. 

Tips to Consider Before Discussing the Subject

Telling your partner that you want a divorce should not be done on a whim or out of anger. It should be approached after careful consideration and preparation. Here are a few important things to keep in mind when telling your spouse you want a divorce:

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