Posted on July 14, 2021 in Divorce

Going through a divorce is never easy. If your spouse makes allegations of abuse against you, it can make the process even more stressful. You may understandably be upset that your spouse is making up horrible lies about you and worry that the allegations will negatively affect the outcome of divorce or child custody proceedings. If you have found yourself in this situation, it is important to maintain your composure and take the necessary steps to rectify the situation.

How False Allegations Can Affect Your Divorce

Family law judges take accusations of domestic violence or abuse very seriously. A judge may order an emergency order of protection that requires you to leave your home or prohibits you from contacting your spouse and children.

Because change is hard on children, Illinois courts typically try to maintain the “status quo” in child-related legal matters. Consequently, an order of protection may give your spouse an advantage in your custody case. Since your kids will be with your spouse during the protection period, your spouse may argue that granting joint custody could disrupt their routines. 

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 Posted on July 12, 2021 in Divorce

In a perfect world, your divorce would get settled quickly and not involve any complications. Unfortunately, however, there are several matters that can complicate your Illinois divorce, including a personal injury settlement. If you are waiting for your personal injury claim to settle while getting a divorce, you should educate yourself on how your settlement may be divided between you and your spouse.

Defining Marital Property in Illinois

In the state of Illinois, marital property refers to any assets acquired during a marriage. There are particular types of property that are non-marital, such as items received as a gift or inheritance to one spouse, property obtained before the marriage, property obtained after legal separation, legal judgments given to one spouse, and assets excluded from marital property by mutual agreement. One might assume that personal injury settlements would be considered non-marital property in a divorce. However, in the state of Illinois, personal injury settlements, workers’ compensation benefits and disability benefits can be, and often are, part of the marital estate.

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 Posted on June 28, 2021 in Divorce

If you have been unhappy in your marriage for a long time, you may have decided to file for divorce. While the decision may not have come easy, you knew it was a necessary one. However, what if you are faced with the dilemma that your spouse refuses to sign the papers. This can definitely prolong the process and make it more stressful, but it is still possible to get a divorce.

Common Reasons Why Spouses Do not Sign Divorce Papers

It is frustrating when a spouse refuses to sign divorce papers, but it can and does occur. Some spouses may be religiously opposed to divorce, while others feel that you cannot get divorced unless both spouses sign the documents. In other situations, spouses may feel so bitter that they were served with papers that they want to retaliate.  

Steps to Take If Your Spouse Will Not Sign Divorce Papers

Although getting a divorce from an unwilling spouse may seem impossible right now, do not give up. Here are a few steps you can take if your spouse refuses to sign the papers.

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 Posted on June 18, 2021 in Divorce

A divorce is stressful enough on its own. When you and your spouse are expecting a child, it can make matters even more complicated. In addition to dealing with legal paperwork and feelings of hurt and resentment, you are facing the hormonal changes associated with pregnancy. If you have plans to get divorced, you should consult an Illinois divorce attorney promptly.

Can You Get Divorced in Illinois While Pregnant?

In Illinois, there are no laws that prohibit you from divorcing your spouse because you are pregnant. However, it is important to understand that certain issues can still arise. For one thing, you will not be able to get a simplified divorce. If you are expecting a child, you can anticipate proceedings to take longer to complete.

There is also the matter of paternity. If you become pregnant while married, it is generally assumed that the husband is the father. However, if there is a chance that the father could be someone else, you will have to order DNA testing to establish who is actually the biological father. Once paternity is determined, both biological parents will have parental rights to the child.

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 Posted on June 11, 2021 in Divorce

As with many life events, change is inevitable during and after a divorce. For families with children, divorce can be especially stressful. Children may experience difficulties since their entire life is being turned upside down. Small things, like who will be there to tuck them in at night, can be a source of great stress and discomfort for children when regular patterns change suddenly. As a parent, there are certain things that you can do to help your children through this time of transition while also easing some of your own stress as you learn how to co-parent your children with your ex-spouse. 

Follow Your Parenting Plan

One of the easiest ways to keep your co-parenting relationship positive is to obey the terms of your parenting plan. Before you can finalize your divorce, you will be required to file a parenting plan with the court that contains a variety of information about how you and your spouse will raise your children. If you both make it a point to follow your parenting plan, there will be less of a chance that a disagreement or fight will occur over something.

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 Posted on June 03, 2021 in Divorce

Even though no two divorces are exactly the same, most divorces follow a similar pattern. Most divorces begin when one spouse files a petition for divorce, prompting the other spouse to file a response. The divorce is not final until you and your spouse both appear before the judge to receive your final decree, which officially divorces you from your spouse. However, this process does not happen overnight. Sometimes, it can take months or even years to complete a divorce. In the meantime, you may be wondering what you are supposed to do regarding parenting time or even child support, if your spouse no longer lives with you. Thankfully, this is the exact reason temporary orders exist for Illinois divorces.

Types of Remedies in Temporary Orders

Many times, temporary orders that are requested during a divorce have to do with financial issues such as support, however, there are various issues that temporary orders can address during a divorce. If you request orders that only last the duration of the divorce, they may include:

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 Posted on May 27, 2021 in Property Division

When you get a divorce in Illinois, there are various things that must be taken care of before you can finalize the divorce. One of the issues that can have a huge impact on your life is the property division process. Many couples have some form of disagreement about property issues, but most are so busy arguing over their assets that they forget that they must also determine what they will do with their debts. Even though it may not be the most fun topic to talk about, all of your marital debts will also have to be included in your property settlement. The easiest way to deal with debt during divorce is to not have debt at all, but that is not feasible for many couples. Most couples will end up bringing some form of debt to the divorce that will need to be allocated.

Classifying Debt During Your Divorce

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 Posted on May 20, 2021 in Divorce

For couples who are able to complete their divorce in a quick manner with little conflict, it is a huge accomplishment. In many cases, couples are not on the same page with one another when they begin their divorce. While it is possible to go through a divorce with a contentious spouse, it will likely take much longer than an uncontested divorce and would involve much more stress and strife than is needed. However, the majority of couples do not have a choice on whether or not they get divorced from an agreeable or combative spouse. When children are involved, especially, steps should be taken to ensure that you are reducing your divorce stress as much as possible.

How to Lower Divorce Stress

Conflict during divorce can not only provide you with undue frustration, but it can also cause long-term effects on your children. Studies have shown that children whose parents take part in divorces riddled with conflict typically face issues later in life, such as intimacy issues or even difficulty regulating their emotions. Here are a few ways you can help keep your divorce stress to a minimum:

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 Posted on May 13, 2021 in Child Custody

Not all divorces end in a peaceful manner. Sometimes the movies and television shows are accurate with their depiction of divorce and how people can act throughout the process. In some divorces, peace is simply not an option and the couple cannot even get along enough to discuss or agree on issues related to their divorce. In these highly-contested divorces, child-related issues can also be a sore subject. Many times, parents will attempt to use their children to their advantage to try to hurt the other parent. However, this can be extremely toxic and emotionally damaging to the child. Parents who cannot get along during the divorce will also not likely be able to get along after the divorce. However, when you have children together, there will always be a certain degree of communication and interaction that will be required. Co-parenting can provide many challenges for parents who do not get along with one another, but “parallel parenting” can be a helpful alternative.  

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 Posted on May 06, 2021 in Divorce

There is more than one method for getting a divorce. Traditionally, getting a divorce meant you and your spouse both needed to go out and hire attorneys, attempt to negotiate your divorce issues and then end up either settling instead or taking the case to court to have a judge decide your fate. In today’s world, alternative methods of divorce have been gaining popularity, like divorce mediation and collaborative divorce. Divorce mediation is a process that allows you and your spouse to use an arbitrator to help you make important decisions about your divorce. For many couples, mediated divorce can prove to be helpful, as it provides a variety of benefits and advantages over a traditional litigated divorce.

Advantages of Mediation

Getting a divorce is a significant and important point in your life. The decisions that you make during your divorce can be life-changing, which is why you must give your divorce the attention that it deserves and choose the best process for your family. Mediation is a good option for many couples -- and for many reasons. Some of the benefits that mediation provides include:

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