Posted on November 17, 2021 in Legal Separation

Married couples who are experiencing relationship issues have multiple legal options. For some couples, legally terminating their marriage through divorce may be the best solution for everyone involved. However, a couple may not be ready to take this irrevocable step, or they may wish to maintain certain benefits that come with being married. Legal separation may be an alternative option in these cases. When determining which approach to take, a couple will need to weigh the benefits and drawbacks of each option.

Pros and Cons of Divorce and Legal Separation

A divorce will dissolve a couple’s marriage, ending their legal partnership and allowing spouses to go their separate ways. While a legal separation will address many of the same issues as a divorce, a couple will continue to be legally married. The processes followed during divorce and legal separation are similar, and in both cases, a couple will need to reach agreements on issues such as the division of marital property, child custody, and spousal maintenance. If they cannot agree on certain issues, a family court judge may decide how these matters should be handled.

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 Posted on November 17, 2021 in Child Custody

When a child’s parents are no longer together, they will need to determine how issues related to child custody will be handled going forward. Married parents who choose to divorce or unmarried parents who are separated will need to create a parenting agreement that details how they will make decisions related to their children and a schedule for the parenting time that children will spend with each parent. In some cases, a parent may be concerned about their children’s health and safety when they are in the care of the other parent, and they may believe that restrictions on parenting time may be appropriate, including supervised parenting time.

Situations Where Supervision May Be Needed During Visitation

While Illinois law presumes that parents are fit to care for their children and that they have the right to reasonable amounts of parenting time, there are some situations where a parent may believe that certain restrictions should be placed on the other parent. These restrictions must generally be based on evidence that a parent’s actions may place children at risk of suffering physical or emotional harm. Examples of cases where parenting time restrictions may be needed include:

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 Posted on November 13, 2021 in Divorce

When a couple gets married, they usually expect to stay together for the rest of their lives. However, things do not always go as planned, and divorce may become a possibility. In some cases, a couple may plan for the eventuality of divorce by creating a prenuptial agreement before they get married. For those who had not created a prenup, a postnuptial agreement can be created at any time during the couple’s marriage, and it can make decisions about how certain matters will be handled in a potential divorce, including issues related to the division of property or spousal maintenance. By understanding when this type of agreement can be beneficial, spouses can determine how best to protect their rights and ensure that they will be prepared to address legal issues if they decide to end their marriage in the future.

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 Posted on November 11, 2021 in Child Custody

When parents get divorced, decisions related to child custody will be some of the most important issues that they will need to address. In a previous blog, we looked at how a joint parenting agreement will need to include details about legal and physical custody of children. However, in addition to these larger issues, a parenting plan will need to address multiple other details about how parents will work together to raise their children going forward. By understanding what a parenting agreement will include, parents can make sure they will be prepared to address ongoing concerns related to their children in the years to come.

Additional Terms of a Parenting Agreement

In addition to making decisions about the allocation of decision-making responsibilities and including schedules for parenting time, a parenting agreement will address issues such as:

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 Posted on November 05, 2021 in Child Custody

While many couples are able to remain happily married from the date of their wedding until the death of one or both spouses, a significant percentage of marriages end in divorce. Many of these couples have children together, and during the divorce process, they will need to determine how custody of their children will be handled. Even though they will no longer be united together in a legal relationship, most divorced parents will still have to work together to make sure their children will be able to grow up and lead happy and healthy lives. By understanding what shared custody looks like, parents can prepare for the years to come and make sure they will be able to meet their children’s needs going forward.

Sharing Legal and Physical Custody in Illinois

In the majority of divorce cases, parents will both play an ongoing role in their children’s lives. Situations where one parent maintains sole custody of children are rare, although this may be appropriate in situations involving domestic violence or other cases where children’s physical or emotional well-being may be at risk. However, it is also relatively rare for custody to be divided exactly down the middle, with children spending equal amounts of time in each parent’s home and parents always collaborating to make decisions about how children will be raised. Most cases are somewhere in between these two extremes, and parents can craft a parenting plan that will make sure they both play a prominent role in their children’s lives.

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 Posted on November 04, 2021 in Asset Division

Of the various issues that must be addressed during a divorce, matters related to a couple’s property and finances are often among the most complex. When negotiating a settlement that fully details the division of marital property, spouses will need to make sure they fully understand the different assets they own, the value of their property, and how dividing these assets will affect each spouse’s finances both immediately and in the future. These determinations can be especially complicated in cases where one or both spouses are business owners, and a business valuation will usually need to be performed to ensure that the spouses fully understand the value of business assets and the ways these assets may be divided fairly and equitably.

Business Valuation Methods

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 Posted on November 03, 2021 in Divorce Over 50

Originally published: January 17, 2018 -- Updated: November 3, 2021

UPDATE: In addition to considering the issues discussed below, a person will need to be sure to understand how issues such as property division or spousal maintenance will be addressed when divorcing a spouse with dementia. This will ensure that a spouse who cannot provide for themselves will have the necessary financial resources, while also making sure the other spouse will have the ability to meet their own needs going forward.

Spouses have the right to the equitable division of marital property when they get divorced. Even if a spouse has dementia and is unable to manage their own finances, they will still have the right to receive their fair share of the marital estate. The other spouse and a person serving as the guardian or representative of the spouse with dementia may be able to negotiate a workable property settlement. For example, financial assets may be allocated to the spouse with dementia to ensure that they will be able to reside in a nursing home and receive the proper care, while the other spouse may retain ownership of the family home, a vehicle, or other property.

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 Posted on October 29, 2021 in Spousal Maintenance

If you are getting divorced, you may understandably have concerns about the divorce’s impact on your finances. Illinois law allows courts to award spousal maintenance, also referred to as alimony or spousal support, to help offset the negative financial impact of a divorce. However, spousal maintenance is only available in certain circumstances. Many people misunderstand how and when maintenance is available in an Illinois divorce. Read on to learn the answers to the most frequently asked questions about spousal maintenance.

How Can You Get Alimony?

Alimony or spousal maintenance is not automatically awarded to a spouse in Illinois. There are three main ways that you may receive spousal maintenance:

Mutual agreement between the spouses – You and your spouse may be able to agree to spousal maintenance terms through your respective attorneys or during the mediation process.

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 Posted on October 28, 2021 in Divorce

Married couples who choose to get a divorce will need to address multiple legal issues, including how to divide their marital property. Determining a fair and equitable division can often be a complex matter, especially if one or both spouses own a business. In these cases, a business valuation will need to be performed, and if a business is part of the marital estate, a couple will need to divide business assets alongside other property. Those who own professional practices will often be concerned about whether they will be able to continue owning and operating their business after getting divorced. Determining the proper value of these practices is an essential part of the property division process, and the goodwill associated with a practice may need to be considered.

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 Posted on October 25, 2021 in Family Law

Most people are familiar with the idea of prenuptial agreements, which are legal agreements made by couples who are planning to get married. While prenups are often thought of as tools used by celebrities or wealthy people, they can provide benefits in many other situations. For couples who do not have a prenup or who wish to make additional agreements based on changes to their circumstances, postnuptial agreements can provide similar benefits. By understanding the situations where a postnup may be a good idea and working with an experienced family law attorney, spouses can use these types of agreements to address their needs.

Cases Where a Postnup May Be Used

A postnuptial agreement may address how certain types of issues will be handled if a couple chooses to get a divorce or legal separation, including making decisions about the division of marital property or spousal support. An agreement may also address other issues, such as each spouse’s right to make certain types of financial decisions during their marriage. A postnup can be beneficial in situations such as:

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