Posted on December 16, 2022 in Divorce

The divorce rate in Illinois and across the nation is continuing to drop, and couples who do get divorced are generally doing so more deliberately than past generations. Because many Millennials and Gen Zers grew up watching their parents fight their way through miserable divorces and custody battles, these generations have shifted their focus to finding a more peaceful divorce process whenever possible. 

An uncontested divorce is one way that couples who want to get divorced can reach an agreement on important issues like property division, spousal support, and a parenting plan. However, even if you are sure you and your spouse agree on everything, it is important to work with an attorney to make sure your proposed agreement is both fair and within the bounds of the law. 

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 Posted on December 14, 2022 in Divorce

When a couple decides to get divorced, both spouses usually agree that the relationship has come to an end and participate in the divorce process together. Sometimes, however, one spouse opposes the divorce and refuses to cooperate. Other times, a spouse is missing and cannot be located. In these cases, the partner who wants to file for divorce may be desperate to get out of an abusive, unhappy, or defunct relationship but may not be sure where to begin. Fortunately, something called a default divorce judgment is available in Illinois that may be useful to people to find themselves in these situations. 

An Uncooperative Spouse

In times past, spouses could prevent the finalization of a divorce simply by not participating in the divorce process or by contesting the other spouse’s alleged version of events. This left many people trapped in unhappy or abusive marriages. Now, when one spouse files for divorce, the other spouse has only 30 days to file a response (except in certain cases, such as with deployed military spouses). If a spouse decides not to respond in time, the spouse who initially filed for divorce can petition for a default divorce and the proceedings will move forward without the participation of the other spouse. 

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 Posted on December 09, 2022 in Family Law

In 2014, Gwyneth Paltrow and Chris Martin announced they were getting divorced using a very particular phrase: “Conscious uncoupling.” The couple faced widespread public derision over the term, which was seen as snooty and foolish. However, in the years that have followed, the public at large has begun to recognize the values embedded in the idea of a conscious uncoupling: That parents of minor children, even if they decide to end their marriage, can still be committed to divorcing carefully and co-parenting in a way that puts their children’s interests first. 

One strategy under Illinois law that allows parents to do exactly that is a concept known as the “right of first refusal.” This idea, while not for everyone, can allow two ex-partners to continue co-parenting peacefully while maximizing the amount of time that each parent gets to spend with their child. To learn more, read on and then contact a team of Illinois divorce attorneys who are committed to helping you get peacefully divorced while protecting your child’s future.

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 Posted on December 05, 2022 in Divorce

Most people getting divorced are doing so for the first time. Uncertainty is normal and having questions is common. Even if you are sure that you want to get divorced and have a sense of what you want to get out of the process, you may be unsure of how to choose the right divorce attorney. With so many options out there, it can be difficult to know what to look for and even what questions to bring to your first meeting. At Goostree Law Group, our Illinois divorce attorneys are prepared to guide you throughout your divorce - including a few things you should discuss with your attorney in your first consultation. 

Am I Likely to Reach a Settlement With My Spouse?

Many, if not most, divorces can reach a settlement before going to trial. If you and your spouse can negotiate a settlement, even if you need the help of a mediator, you can avoid the time and expense of courtroom litigation. However, settlement negotiations are not reasonable or safe for everyone, so talking to your attorney about your situation should help you better understand whether negotiation is the best path for you to pursue. 

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 Posted on November 23, 2022 in Child Custody

Child custody issues can be complicated. Emotions are often running high and the parties involved are looking for a fair outcome. In many child custody disputes, each parent has a very different idea of what is best for their child.  This is why many courts use a child custody evaluation.

A child custody evaluation is an assessment of each parent's ability to provide for their children and the best interests of the children involved in the dispute. The court will appoint a neutral, third-party evaluator who has experience in family law or mental health counseling. 

Child Custody Evaluations in Illinois 

A child custody evaluation is conducted by an experienced, impartial professional who has expertise in both family dynamics and psychology. The purpose of the evaluation is to help the court make an informed decision about the best interests of the children. 

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 Posted on November 16, 2022 in Division of Property

Divorce involves much more than a couple merely deciding to end their marriage. To complete the divorce, the spouses must address several crucial issues, including the division of their shared assets and debts, child custody, spousal support, child support, and more. Most of these issues involve finances, so one of the first steps in any divorce is to complete a financial disclosure.

The Illinois Marriage and Dissolution of Marriage Act requires both spouses to provide full and accurate financial information to each other and to the court. This is accomplished through the use of a Financial Affidavit, which lists all income, debts, assets, and liabilities. The purpose of the financial disclosure is to give both spouses and the court a complete picture of each person's financial situation so that an equitable division of property can be achieved and support orders, if any, can be accurately calculated.

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 Posted on November 14, 2022 in Divorce

Divorce can bring out the worst in people - especially in a high-conflict divorce. Sometimes, antagonistic behavior during a separation or divorce escalates to stalking. Following someone to school or work, calling obsessively, monitoring their social media, or showing up uninvited at their home are all examples of stalking behaviors. If your ex is stalking you during divorce, it is important to take action to protect yourself and your children.

How to Handle Stalking During Your Illinois Divorce

Stalking can involve many upsetting, unnerving, and even frightening actions and behaviors. Some people cannot accept that their marriage is ending and act out in inappropriate, threatening, and unlawful ways. If your divorce has turned nasty and you are dealing with a stalker, here are some things you can do to protect yourself: 

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 Posted on November 10, 2022 in Child Support

The state of Illinois expects parents to financially support their children even if they are unmarried or divorced. Child support payments help divide the financial burden between both of the parents. The parent with the lesser amount of parenting time provides financial support to the parent with the greater share of the parenting time. The parent with the majority of parenting time makes his or her financial contributions to the child by paying for things like housing, groceries, and other everyday expenses.

If you are the paying parent or “obligor” you may be worried about your ability to make child support payments. Perhaps you have lost your job or experienced another financial hardship, and you can no longer afford child support. There are ways to modify a child support payment amount, however, the courts only allow child support modifications in certain circumstances.

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 Posted on November 04, 2022 in Division of Property

The division of marital assets and liabilities is often one of the most complicated and consequential aspects of the divorce process. Marital property is property and debts contained within the marital estate. Both spouses have a legal right to a share of marital property. Non-marital property is property and debts that are not part of the marital estate and are owned solely by one spouse. Non-marital property generally includes property that was acquired by either spouse before the marriage, inheritance or gifts received during the marriage, and property that is excluded by a valid prenuptial agreement. Transmutation of assets is the conversion of non-marital property to marital property or vice versa.

Commingling or Mixing of Property Can Lead to Transmutation

The transmutation of property generally occurs when one spouse commingles or mixes non-marital assets with marital assets. For example, if a wife deposits her separate funds into a joint account, these funds can be converted into marital funds. 

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 Posted on November 02, 2022 in Divorce

When a married person realizes that divorce is on the horizon, he or she may look for ways to reduce the complexity and acrimony of the divorce as much as possible. Many people facing divorce ask themselves, “Do I really need a lawyer to get divorced?” They may worry that getting a divorce will send the wrong message or even exacerbate the tension between them and their soon-to-be ex.

Working with an experienced divorce attorney can be advantageous for many different reasons. Contrary to popular belief, retaining a lawyer does not necessarily increase the contention between spouses. Modern divorce lawyers understand that spouses want to resolve their divorce with as little difficulty and conflict as possible. An experienced attorney will know how to provide the guidance and support a spouse needs while encouraging cooperation between the parties.

Working Toward a Divorce Settlement While Protecting Your Rights

Divorcing spouses will need to address several important issues when they end their marriage. Spouses must determine what assets are non-marital and what assets are part of the marital estate. Marital property, including liquid assets, investments, real estate, and retirement accounts, will need to be valued and divided. If the couple shares children, the spouses will need to formulate a parenting plan that describes how the parents will make major decisions about their child, including educational and healthcare decisions. They must also establish a parenting time schedule that describes when each parent will care for the children. In some cases, the spouses will also need to address alimony or spousal maintenance.

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