Archive, April 2013.

While you are going through the stressful process of getting a divorce, it is very important to keep in mind the psychological needs of your children. A divorce is a stressful thing, especially for children; they may feel guilt, confusion, and even a little bit of fear. Dr. Phil wrote a book, Family First: Your Step-by-Step Plan for Creating a Phenomenal Family, which addresses some of the needs of children experiencing divorce. He believes you should make your best attempt to fulfill all of these needs. The greatest need of a child is acceptance. It is probably true that during this …

Order of Protection is the legal term for a “restraining order,” which is a document signed by a judge that states that a specified person must stop a certain behavior and stay away from the person who asked for the order. The person who asked for the order is the petitioner and the person who is served with the order of protection is called the respondent. Filing a petition for an Order of Protection is the first step in getting an order of protection. In the petition, the petitioner must state why they are asking for the order against the defendant. Specific “incidents of abuse” …

If requested, Illinois law allows for temporary or permanent alimony to be awarded in a divorce. The courts will make a specific decision for each case, as each situation is unique. Either spouse may request alimony but it is not guaranteed that it will be granted. The court looks at all relevant circumstances to determine whether or not it should be given. If circumstances change, alimony can be changed or even eliminated in Illinois. Reasons for elimination are getting remarried or cohabiting with another person. There is a specific calculator that determines the amount of alimony that …

Legal separation, according the Chicago Bar Association, is an order that is approved by a judge, stating that a husband and wife may legally live apart, but they will still have responsibilities and obligations to each other, which are laid out in the agreement as well. Married couples may also choose to live separately without a legal separation. This is not the same thing as a divorce because a separation does not end the marriage and the judge is not involved with property separation. Marriage separation may be requested by a husband or wife for many reasons. Although the judge does …

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There are many professionals who deal with the process of divorce, and who are interested in helping during the transition.  Therapists try to deal with the emotional aspects of a divorce.  Financial advisers and accountants try to deal with the implications of the division of property.  Lawyers can help you with the whole process on a more general level, and make sure that all aspects of a divorce are done according to the law.  Having support is important, but there are more steps you can take to stop some of the common mistakes during divorce.
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When thinking about child custody, the goal should be for both of the parents to be involved in the lives of their children and to eliminate conflict between the parents. While a joint-custody option may seem ideal because both of the parents will be involved, sometimes a sole-custody with a great amount of time-sharing between the other parent can be a better option. Whether or not joint-custody is the ideal situation for your family depends on if you and your ex are on decent terms. The two of you should be able to make decisions together about your children, have shared values, and similar…

When two people decide to join each other in holy matrimony, it is important to review important beliefs of each person.  This should include thoughts about kids, in-laws, religion and money.  In some cases, one party brings a large amount of assets into a marriage which should be protected by a prenuptial agreement. A recent court case in New York showed the tenuous nature of poorly agreed-to prenuptial agreements   Peter and Elizabeth Petrakis had signed a prenuptial agreement before the couple’s marriage ceremony in 1998.  It outlined that in the event of a divorce, Peter would …
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