Posted on December 27, 2022 in Family Law

After parents of minor children get divorced or break up, they need to formalize several different categories of arrangements that will determine how the co-parenting process will work. This can involve a lot of frustration and negotiation as parents, who are often separating precisely because they have fundamental differences in values and judgment, struggle to reach an agreement about what is best for their children.

One of the most common areas of conflict has to do with a child’s education. Where should the child go to school? Should both parents be expected to ensure a child’s homework gets done and turned in? What if one parent wants a private or parochial education for their child and the other does not? These are all important questions that need to be answered in a parenting plan, which will be approved by a judge and enforced by Illinois family law courts.

How Do Co-Parents Make Decisions About a Child’s Education?

Continue Reading ››

 Posted on December 23, 2022 in Divorce

Many people put off initiating divorce because they worry about the impact divorce and living alone afterward could have on their finances. This makes sense - after all, life is rarely less expensive when you are managing a home on a single income. But staying in an unhappy or abusive marriage is often untenable, even when finances are a compelling factor in the decision-making process. If you are considering divorce and are wondering how the asset division process could impact your financial portfolio, especially your hard-earned retirement, contact an Illinois divorce attorney.

What Happens to Retirement Accounts in Divorce? 

Retirement accounts are treated like any other part of the marital estate in a divorce. Illinois law requires marital assets to be divided fairly, although not necessarily equally, and this is true for retirement accounts as well. If you earned any portion of your retirement account before getting married, it is important to determine how much of the overall value of the account is made up of pre-marital funds. These are your personal property and will likely belong to you after the divorce, regardless of what happens with the remainder of the value of the account.

Continue Reading ››

 Posted on December 22, 2022 in Divorce

In times past, people had to prove fault when they wanted to get divorced. This meant bringing evidence before the court that their spouse was abusive, cruel, neglectful, or had abandoned the family. Now, however, thanks to an updated family law code, the only “grounds” for divorce in Illinois is irreconcilable differences, meaning that the relationship has broken down and does not stand a chance of recovery.

On a theoretical level, at least, most people would agree that infidelity is a good enough reason to end a marriage. When it actually happens, however, people often feel more torn; is one instance of infidelity enough to end a marriage, especially one that has gone on for many years, involves young children, and is generally happy? What about ongoing infidelity? While only you can answer this question, knowing a little about how cheating can impact divorce proceedings in Illinois may help you make the decision about divorce for yourself.

Continue Reading ››

 Posted on December 20, 2022 in Divorce

Very few things in life are as challenging as managing a pregnancy. In addition to morning sickness, mobility difficulties, and the chronic discomfort of being able to smell everything around you in acute detail, a crumbling marital relationship can add a burden that feels too much to bear. Unfortunately, many women in Illinois find themselves in a situation where they urgently want or need to leave their relationship, despite being pregnant. If you are in this situation and are considering divorce, it is important to understand your options.

Do I Need to Wait Before Filing for Divorce if I Am Pregnant? 

Illinois does not prevent a divorce from moving forward simply because a woman is pregnant. However, it is important to know that you will be expected to create a parenting plan with your soon-to-be ex that delineates how you and your ex will share decision-making responsibilities and parenting time (visitation). Sometimes, you will need to return to court to address these issues after your child is born. This is especially true if there is a question as to the child’s paternity.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 Posted on December 06, 2022 in Family Law

While prenuptial agreements can be a wonderful source of constructive conversations before a marriage and a protective measure for both spouses before divorce, not everybody wants to write and sign a prenup. While there are good reasons for both having and not having a prenup, everybody feels differently about these legally-binding contracts, and the feeling that a prenup constrains a marriage in a way that feels overly financial or transactional is very common.

Furthermore, a prenuptial agreement is often not simply the product of an engaged couple. The parents of one or both spouses may encourage the couple to sign a prenup, and some parents insist that a prenup be signed before doing important things like helping the couple pay for their wedding. Again, while the parental desire to have a prenup to protect an engaged child is understandable, the kind of pressure parents put on a couple may actually backfire by invalidating the agreement. To learn how a prenuptial agreement could be invalidated in Illinois, read on.

Continue Reading ››

 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.

Continue Reading ››

 Posted on November 28, 2022 in Spousal Maintenance

Alimony, spousal support, and spousal maintenance are all terms that are used to describe money that one spouse pays to the other after a divorce or legal separation. In Illinois, spousal maintenance may be agreed upon by the spouses, or the court may order one spouse to pay maintenance to the other. If you are getting divorced, you may have questions about whether you will be required to pay alimony. The answer to this question depends on several factors, including the length of your marriage, the incomes of both spouses, and the contributions each spouse made to the marriage.

Negotiated Spousal Maintenance Settlements

Like other elements of a divorce, spouses may be able to negotiate the terms of spousal maintenance through a marital agreement or during their divorce. If the spouses had previously made an agreement regarding maintenance in a prenuptial or postnuptial agreement, the court will typically uphold that agreement during divorce.

Continue Reading ››