Posted on December 27, 2023 in Adoption

No two people are the same. We are all raised differently, come from different backgrounds, and have unique personalities. Similarly, no two marriages are the same. And that is why there is no one way to end a marriage that works for everyone. Some people find that they cannot communicate productively with their spouse and will need others to help them reach an agreement. Some people split with their spouse on good terms and can avoid fighting things out in court to reach a settlement. If you are considering divorce and are not sure which path is best for you, a DuPage County, IL, divorce attorney can explain your options and help you figure out how you want to move forward.

How Does Mediation Work?

In most cases, divorce mediation is a fairly straightforward process. The mediator is an unbiased outsider whose primary goal is to help both people leave feeling satisfied with the settlement. As such, both spouses generally think that they were given equal opportunities to voice their opinions and advocate for their interests. The spouses sit in separate rooms, and the mediator moves back and forth between both, asking questions, relaying answers, hearing each person’s concerns and considerations, and suggesting what they believe both spouses would consider reasonable compromises until a settlement is formulated. Just like in all other types of divorce, a settlement reached in mediation needs to include agreements about all the aspects of divorce, including:

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 Posted on December 22, 2023 in Divorce

Many people who wish to end their marriage commonly consider divorce as their option. Others might not feel ready to take this major step, for a number of reasons. If your marriage is no longer working for you but the idea of divorce feels too extreme, at least for now, you might consider legal separation. A knowledgeable Kane County, IL legal separation attorney can explain what is involved and help you figure out the best path forward for you.

Why Choose Legal Separation?

No two people are the same. People have their own unique personalities, backgrounds, beliefs, and experiences that shape them into unique individuals. That is why every couple has unique dynamics and why different solutions work for different couples. While some couples who no longer wish to stay together will find divorce to be the most obvious solution, others might seek another option for several reasons, including:

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 Posted on December 19, 2023 in Divorce

The holidays are a time when families get together and forge cherished memories that can last a lifetime. But when the family’s parents have decided to get a divorce, things can become more complicated. If you are a divorced parent whose ex-spouse wants to make you change your holiday plans with your children, a knowledgeable Kane County, IL divorce lawyer can help you navigate this sensitive situation.

Why Might Holiday Plans Be a Source of Contention?

In some families with divorced parents, the parents might have different religious affiliations. This can make holidays difficult due to the parents’ differing assumptions about how a holiday should be spent. In some families, divorced parents might live very different lifestyles. If the parent with much more financial stability gets to have the kids for a holiday, the parents who live a more modest lifestyle might worry that the children will be given gifts and experiences that they would not be able to provide them with. In some families, one of the divorced parents might start dating someone and want to introduce that person to their children. This could make the other parent uncomfortable, knowing the children will be exposed to another adult whom they do not know themselves. This person could make an impression on the children or introduce them to religious practices that they do not want their children to adopt.

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 Posted on December 19, 2023 in Divorce

Divorce can be one of the most difficult processes for people to go through. Like any breakup, you can feel heartbroken and sad, but on top of it, you need to go through legal proceedings to painstakingly divide all of the assets you amassed together. If you are parents, you need to draft a plan for how you will both continue raising your children, but separately. You might need to work out arrangements for retirement, health insurance, student loans, and other issues that you would have handled together had you remained married.

However, some divorcing couples are able to end their marriage amicably. Just because the spouses no longer want to stay married doesn’t mean they need to act like enemies and make it impossible to reach agreements with each other. If you and your future ex-spouse can communicate productively, a knowledgeable Dupage County, IL, divorce lawyer can talk to you about whether an uncontested divorce might make sense for your situation.

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 Posted on December 15, 2023 in Adoption

Gray divorce is a term commonly used to describe divorce between spouses who are 50 years old or older. The topic has been gaining coverage in recent years as the divorce rates for this age group have been increasing. There are several reasons for this, which will be described below. If you are in your fifties or older and find yourself considering divorce, a knowledgeable Kane County, IL divorce lawyer will be able to guide you based on their vast experience and ensure that your best interests are being fought for

What Are Some Unique Issues in Gray Divorce?

Because of the spouses’ ages, the life experience they have generally accumulated by the time they seek a divorce, and the length of time their marriage typically has lasted, there are several reasons why Gray Divorce is considered its own topic with its own characteristics: These reasons include:

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 Posted on December 14, 2023 in Adoption

When any couple goes through a divorce, there are so many issues they need to figure out. When the couple also shares children, these issues are confounded. It is common to think about child-related issues in a divorce to revolve around matters like joint custody, where the child will sleep and when, who gets them for each holiday, who decides whether they can take karate, gymnastics or swimming, who they spend their summer vacation with, which parent gets to make medical-related decisions, and a ton of other questions that happen to be more relevant for discussions about young children.

The issue is that couples can get divorced at any stage in their life, and the timing of their divorce could impact issues that you might not have even considered. For example, if you are considering divorce and you have children who will soon be graduating high school, it could be helpful for you to speak with a knowledgeable DuPage County, IL, divorce lawyer. They can explain everything you need to think about to help you reach an agreement that will benefit your child and protect your rights.

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 Posted on December 11, 2023 in Prenuptial & Postnuptial Agreements

Many people have heard the term "prenuptial agreement" before, but not many know exactly what this agreement entails. The truth is, some legal knowledge is necessary for a prenuptial agreement to be understood. If you do not have a good understanding of the law, you might end up signing something that is not in your best interest. Maybe you were given a document to sign right before your wedding, and you did not think it would ever be relevant, so you signed it just to move ahead with your plans. Maybe your spouse's parents said they would not allow you to get married unless you signed it. Whatever the case, if you were forced to sign a prenuptial agreement that did not suit you, and now you are considering divorce and feel concerned about what might happen, an experienced Kane County, IL divorce lawyer can answer any question you may have and challenge the agreement in court.

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 Posted on December 07, 2023 in Divorce

The State of Illinois takes accusations of domestic violence very seriously. Anyone who issues a complaint can be granted an Order of Protection, or a restraining order, which will have legal authority to demand that the alleged abuser stays away from the alleged victim. If danger seems imminent, an almost automatic process can grant an Emergency Order of Protection.

While it is wonderful that these accusations are taken so seriously and can be dealt with so quickly, false accusations are sometimes made and the accused party can suffer unnecessarily. If you believe you have been wrongfully accused of domestic violence and you want to see your children, an experienced DuPage County, IL divorce lawyer can assist you by compassionately ensuring that your rights are protected.

How Should I Respond to an Emergency Order of Protection?

As soon as a domestic abuse claim is made, a court procedure is initiated to decide whether there are reasonable grounds for an Order of Protection. In some cases, the court will investigate the claims exhaustively but in other cases, testimony from an accuser is sufficient for an Emergency Order of Protection (EOP). When this is granted, the restraining order takes effect immediately. At that point, the accused spouse will receive a notice that includes important information like:

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 Posted on December 04, 2023 in Divorce

Divorce settlements lay out how any marital assets will be divided. Some assets are easier to divide and some are harder. One of the assets that can be complicated to divide is a business. If either or both spouses own a business, figuring out how it will be divided requires the consideration of many factors. If not done right, it could affect the future of the business. While there are several ways a business can ultimately be divided between ex-spouses, it is generally a great idea to do something called a business valuation. If you are considering divorce but are concerned about how it might affect the business you own, an experienced Kane County, IL, divorce attorney can advise you on how best to protect your interests.

How Can a Business Valuation Impact My Illinois Divorce?

Regardless of the size of a business and whether it is a family-owned business, medical practice, investment firm, house cleaning company, or any other type of business you can imagine, figuring out what will happen to your business after divorce can be a complicated challenge. In general, there are three ways to deal with business ownership in a divorce:

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 Posted on November 28, 2023 in Property Division

While a lot of people are aware of the most common topics that generally need to be divided up in a divorce - child custody; alimony/spousal support; division of property, assets, and debts - there are some divorce issues that people are less aware of. You might be surprised to know, for example, that what happens to a family pet in divorce is an entire topic of its own.

Some people might consider pets property since they are animals and not humans. But in many cases, families consider their pet a member of the family. This can make it harder to consider a pet an item that needs to be distributed. If you are considering divorce but find yourself worried it could mean the end of your relationship with your beloved pet, an experienced Kane County, IL divorce lawyer can help you navigate the process and advocate for your rights and interests.

How Do We Decide Who Gets Our Pet if We Both Love Her?

When a couple gets divorced, it can be extremely complicated trying to decide where their shared pet will live. For the courts to be able to decide this, both spouses will need to gather and present evidence that supports their claims. In this way, decisions about a pet are no different from decisions about any other aspect of divorce.

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