Posted on February 02, 2023 in Property Division

On average, people are putting off getting married and having children until their late twenties and early thirties. In addition to giving people more time to accumulate assets of their own, those who wait until later to get married may be more likely to have pets when they enter the relationship. Other times, a couple who is already married might test their ability to keep a helpless creature alive by getting a pet before they commit to trying to have a baby.

However you come to pet ownership, one thing is certain: If you and your spouse end up getting divorced, you do not want your divorce to impact your ability to spend time with your beloved pet. Savvy couples are finding ways to protect their pets from divorce by signing a prenuptial or postnuptial agreement that details pet custody after divorce. How can a prenup or postnup manage a pet? Read on to find out, and then contact an Illinois family lawyer who can help you create an enforceable premarital agreement of your own.

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 Posted on January 31, 2023 in Divorce

A compromise leaves everyone unhappy, as the old saying goes, and nowhere is this more true than with a divorce decree. The hallmark of a good divorce decree seems to be that both spouses are left wishing they had more control over the outcome and that the terms of the decree benefitted them more personally.

Although certain parts of a divorce decree can only be changed in very rare circumstances, other parts can be modified to better suit your circumstances. However, it is important to know when a divorce decree modification petition is likely to be approved so you do not waste time or money on unsuccessful petitions.

Which Parts of a Divorce Decree Can Be Appealed?

The least likely part of your divorce decree to be appealed successfully is the property division part. This is because it tends to be the most unforgiving when it comes to modifications; after all, modifying a property division would require transferring money, investments, or real estate between spouses, all of which can be very expensive and time-consuming. The only time that a property division agreement has a chance of being modified is if the appeal is filed within 30 days of the original divorce decree being handed down, and only then if there was a serious error of fact or application of the law.

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 Posted on January 30, 2023 in Child Custody

Disputes about child custody (known in Illinois as "parental responsibilities" and "parenting time") are unpleasant affairs, whether they occur during a divorce or afterward when parents are trying to rewrite their parenting plan. Although parents are encouraged to come up with a parenting plan on their own, this is not always possible. Personal conflict and disagreements about essential values can make it very difficult to reach an agreement.

When this happens, a judge may become more involved in making decisions about child custody that can seem arbitrary or confusing to the parents. The judge is charged with finding the best interests of the child and then creating a parenting plan that reflects those interests. However, to the parent in the case, the decisions of the judge and his or her reasoning may not be clear. In this blog, we will discuss the factors an Illinois judge is required to consider when determining the best interests of the child.

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 Posted on January 29, 2023 in Divorce

While divorce is typically not a pleasant experience, certain relationships involve a high amount of interpersonal conflict and when high-conflict couples get divorced, the process can become downright nasty. Of course, true abuse or neglect can and should influence the outcome of a divorce, but false accusations have the potential to do so as well. If you are worried your spouse might escalate to the level of accusing you of having hurt or neglected them or your children, you need the help of an experienced family lawyer right away.

How Should I React to Accusations of Abuse or Neglect?

It may appear patently obvious to you that your ex’s accusations are false, but a judge still needs to consider the accusations and weigh any evidence carefully. Therefore, it is in your best interests to be on your best behavior, no matter how outraged, hurt, or confused you may feel by the accusations being made against you.

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 Posted on January 26, 2023 in Divorce and Finances

One of the most challenging aspects of divorce is the need to divide assets and debts that a couple has accumulated during a marriage. A divorcee’s long-term financial stability can feel threatened by this process, as a typical divorce leaves both partners with less in asset ownership and cash savings than they had before the divorce. Naturally, this can have implications for retirement.

Those interested in getting divorced can rest easy, however, knowing that certain things are not changed by divorce. One of these is Social Security benefits, a major piece of one’s overall financial picture. Understanding what your benefits are likely to be can help you plan for the future and engage in wise financial negotiations.

Can My Former Spouse Draw On My Benefits?

If you have made substantially more money than your spouse throughout your marriage, you may be wondering whether your spouse can get their own benefits based on yours - and, more importantly, whether that will reduce the amount of benefits available to you. Whether your spouse can benefit from your work history will depend on a number of factors, but the most important thing to know is that, no matter what your spouse does, your personal benefits will not change. You cannot do anything to deny your spouse benefitting from your Social Security contributions, but their actions will not impact your benefits in any way.

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 Posted on January 25, 2023 in Divorce

No matter what your marital arrangements look like, parenting involves making significant sacrifices for your children. Unfortunately, some parents end up making major economic sacrifices to raise their children by staying home to provide childcare and then are left in a vulnerable position when they need to file for divorce. If you are in this situation, understanding your options for getting divorced is an important part of protecting yourself now and in the future.

Temporary Spousal Support

When only one spouse works outside the home, that spouse often ends up controlling most or all of a couple’s finances. That can make it very difficult for the stay-at-home spouse to know the family’s financial situation, to get money to move out or otherwise protect themself, or to feel empowered to hire an attorney to file for divorce.

Recognizing this, Illinois law does allow for the provision of temporary spousal support orders. However, these orders are not automatic and are not granted to every spouse filing for divorce; instead, a spouse needs to petition for temporary support and a judge will determine whether the circumstances merit an award. Some things the judge will consider include:

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 Posted on January 20, 2023 in Divorce

Even when the outcome is ultimately welcome, the process of getting divorced is exhausting more often than not. You and your spouse will need to divide your belongings, make tough decisions about your parenting plan for any minor children, reach a settlement on spousal support, and much more. Dealing with these challenges can be easier with the help of a support team.

One such supportive individual that you may want guiding you throughout your divorce is a divorce coach. Divorce coaches are becoming more popular and offer several advantages. Read on to learn more about divorce coaching, and then contact an Illinois divorce attorney who is willing to work with you to complete your divorce in a way that feels right to you.

What Does a Divorce Coach Do?

The role of a divorce coach is to act as a trained mental health professional who deeply understands the potential impact of divorce on individuals and works with them to mitigate divorce’s negative effects. A divorce coach could help a client with co-parenting issues, understanding their child’s reaction to divorce, and overcoming feelings of anger or resentment towards a partner who may have done more than their fair share to end the relationship.

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 Posted on January 18, 2023 in Children and Divorce

When children are facing the difficult reality that their parents are getting divorced, they might respond by internalizing the conflict between the adults. Most children are generally not privy to the many arguments behind closed doors and disagreements that the parents have had for many years. As a result, children may turn inward and blame themselves for their parents’ failing relationship, as well as for the divorce itself. While you might realize that your divorce has nothing to do with your child, they might not be so sure, and it is your job to help your child to stop accepting the blame.

#1: Talk Openly and Carefully

If a divorce is coming, you and your spouse should make every effort to speak with your child together about what will soon be happening. You must be very clear that the split is due to issues that you and your spouse have with one another. Your child did not break the marriage, and they cannot fix the marriage. Also, be sure to talk to your child in a manner that is appropriate for their age, including the details you choose to share. For example, it might be true that the stresses of child-rearing did cause damage to the relationship between you and your spouse. However, if you say that to your second grader, they could interpret that as you saying that he or she caused your divorce by simply existing.

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 Posted on January 11, 2023 in Asset Division

As a marriage begins to irretrievably break down, both spouses are usually aware that they are headed for divorce. One of the most common consequences of this knowledge is the gradual separation of each spouse’s income and belongings, especially if one spouse moves out or plans to move out. However, despite their best efforts at separating personal and marital property, spouses must still face the scrutiny of a judge’s approval when getting divorced.

Following Illinois law on property division when it comes to things like bonuses, stock options, performance incentives, etc., can be challenging - especially when spouses disagree about whether they should share this compensation. Read on to learn how bonuses are handled in Illinois divorces and then schedule a consultation with a divorce attorney to discuss the specifics of your case.

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 Posted on January 09, 2023 in Paternity

Questions or disputes over paternity are very common, especially when the parents of a child have already separated or never had a formal relationship in the first place. Prospective mothers, who may be facing pregnancy and childbirth without a partner, are often torn between the benefits of establishing paternity and the drawbacks of establishing a permanent legal relationship between a child and a man whom she may not trust or know very well - or worse, that she fears.

If you are pregnant or recently gave birth to a child and are wondering whether the benefits of establishing paternity for your little one outweigh the potential risks, it is important to speak with an Illinois paternity lawyer who can help you explore your options and make an informed decision. If you do decide to move forward with a paternity suit, your attorney can help you manage that so you do not have to navigate the complex Illinois family court system alone.

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