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.

Continue Reading ››

 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.

  Continue Reading ››

 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. 

Continue Reading ››

 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:

Continue Reading ››

 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:

Continue Reading ››

 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:

Continue Reading ››

 Posted on October 19, 2020 in Divorce

Getting a divorce means you and your spouse will have to make quite a few decisions pertaining to you and your family’s finances and how you will separate them as you move through the divorce process. Many of these decisions will be difficult to make depending on what they are, but it is typically agreed that dealing with the marital home during your divorce is one of the hardest. Many people have an emotional attachment to their homes, especially if they have raised a family in the home. The property division process can be stressful and dealing with the family home can be especially daunting, but you can achieve a positive outcome with the assistance of a knowledgeable divorce attorney. 

Making the Decision About Your Home

During the property division process, you must determine how to untangle all of the finances you and your spouse have entangled throughout the years that you have been married. This includes determining what is and is not marital property, separating your joint bank accounts and credit card accounts, and splitting your retirement accounts. When it comes to dealing with a large asset such as the family home, there are three basic scenarios that make up the majority of situations involving this marital piece of property:

Continue Reading ››

 Posted on October 13, 2020 in Child Support

When you and your spouse get a divorce, there are many issues that must be covered before the case can be finalized and closed. When you have children, that list grows even longer and includes matters such as determining a parenting time schedule, allocating decision-making responsibilities, and determining child support payments. Raising a child is expensive and both parents have an obligation to financially provide for their child, which is where child support comes in. Child support is typically paid by the parent with the minority of parenting time to the parent with the majority of parenting time until the child has turned 18 or until the child has graduated from high school, whichever comes later.

Continue Reading ››

 Posted on September 30, 2020 in Complex Divorce

Even in the simplest of cases, divorce is an extremely complex and demanding process, in both the legal and emotional sense. Though it is uncommon, it is not impossible for a couple to be in agreement when making the decision to get a divorce. In many circumstances, one spouse comes to that decision and must break the news to the other spouse, who may or may not react rationally. Sometimes, a spouse’s reaction to this type of news can be hypothesized, but other times the emotional distress causes the unknowing spouse to act in a manner that is completely out of character. When a spouse reacts negatively and severely to the news of the divorce, it can cause stress throughout the household, even for the children. High-conflict divorces can be chaotic and drawn out, which is why hiring an experienced divorce attorney is important.

Continue Reading ››

 Posted on September 24, 2020 in Divorce

It does not matter if you were married for two years or 20 years -- getting a divorce is a painful and demanding process no matter how long you were together. When you get married, you plan to spend the rest of your life with that person and perhaps raise a family together. A divorce causes you to undergo major life changes, losing your companion, lover, co-parent, and friend. A divorce can also cause you to undergo a great deal of stress, as divorce almost always causes a restructuring of the housing arrangements, household responsibilities, and finances. If you have recently begun the Illinois divorce process, you should speak with a knowledgeable Illinois divorce lawyer who can help alleviate some of that stress by taking care of the legal details. 

Coping Strategies

Dealing with a divorce can feel extremely draining, both emotionally and financially. Fortunately, there are certain things you can do to help you cope with the stress of a divorce. These include:

Continue Reading ››