Posted on September 07, 2020 in Divorce

Aside from the death of a loved one, getting a divorce is the most stressful event that is likely to happen in a person’s life. This is because a divorce encompasses almost everything in your life, from where you live and how much time you spend with your children, to your monthly expenses and tax implications. The process of divorcing your spouse is not just a legal one; it is as much an emotional process as it is anything else. While people may tell you that you will be much happier after your divorce is over, there are plenty of realities that nobody really talks about. Here are a few things that you may not be prepared for when it comes to life after your Illinois divorce:

#1: You Will Probably Feel a Sense of Loss, Even If You Initiated the Divorce

Getting a divorce is a huge change in your life. Even if you were the one who wanted the divorce because you believed that your marriage had broken down beyond repair, you will still probably feel a mix of emotions, such as sadness, anxiety, and loss. Getting a divorce is a major life transition, and you not only lose your spouse as a life partner, but you may also lose your relationships with others who are associated with your spouse, such as their family and friends. Adjusting to this loss can take time.

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 Posted on September 04, 2020 in Child Custody

People get divorced for every kind of reason under the sun, from basic incompatibility to simply wanting different things in life. Many times, these reasons for a divorce stem from a basic inability of the couple to effectively communicate and cooperate with one another. Just as this spelled trouble during the marriage, this can also spell trouble during the divorce. Divorcing with children can be especially complicated as child-related issues tend to be very emotionally fueled, but they must be settled before the divorce can be finalized. Illinois courts urge parents to come to an agreement about parenting time and decision-making responsibilities on their own or with the help of a mediator. However, if that is unsuccessful or would be detrimental to the well-being of the family, the case must be brought before a judge.

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 Posted on August 31, 2020 in Divorce

If you have made the decision to pursue a divorce, the first few steps of the process can be frightening and overwhelming. It is understandable that you would not know exactly what to do or what you should expect. You could also just be emotionally drained from trying to handle everything on your own. The good news is that a qualified divorce lawyer can help. Your attorney is an ally who is committed to protecting your rights and best interests while he or she guides you through the divorce process — and it all begins with your initial consultation. Before you go in for your first meeting, you should have an idea of what to expect and how to make the most of your time.

Understanding the Reason for Your Consultation

Many people assume that an initial consultation with a lawyer is basically a glorified sales pitch, but this is quite far from the truth. A legal consultation is not the lawyer’s attempt to sell you a service that you do not need. Rather, it is an opportunity to see if you and the lawyer — or the law firm as a whole — are a good match for one another. This is important because the attorney you choose will be your advocate and partner in the very serious matter of your divorce.

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 Posted on August 31, 2020 in Divorce

Ending a relationship with a spouse who has a tendency for conflict can feel like you are finally able to relax for the first time in a long time. If you have children, however, your time with your ex-spouse is far from over. Some couples are able to remain calm and civil after the divorce and successfully co-parent their children, while other couples struggle to keep discussions from escalating to full-blown arguments. Studies have shown that the single factor that affects children the most by causing distress is the conflict between parents. If you and your ex do not seem to see eye-to-eye on issues, a parallel parenting plan may be a more suitable solution for your family.

What Is Parallel Parenting?

In cases involving co-parents who exhibit high-conflict qualities, a traditional co-parenting agreement may not be in everyone’s best interest. Parallel parenting is an alternative form of parenting and allows high-conflict spouses to disengage from one another and have little direct contact. Often, this means the contact is only through written means, such as text or email, with no face-to-face or phone conversations. This allows there to be as little conflict as possible while still allowing both parents to be active in their child’s life.

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 Posted on August 27, 2020 in Property Division

Under Illinois law, virtually any property that either spouse acquires during a marriage is considered marital property, which means that it is subject to being divided between the spouses if they ever get divorced. Such property usually includes wages from your job, even if the money was invested or deposited in a retirement account established in just one spouse’s name. This is also true for a vested pension plan because the value of a pension is based on the efforts of the working spouse, which, according to Illinois law, makes an asset part of the marital estate.

How Much of Your Savings Is Marital Property?

It is not uncommon for a working person to put away savings for retirement over the course of many years. As such, your retirement savings, including any funds in an Individual Retirement Account (IRA) or 401(k), may have started well before you even considered getting married. Any contributions that you made — as well as the increase in the value of your savings — before your marriage are considered non-marital property and are not subject to division. Contributions and value increases that occurred while you were married, however, are marital property, which means that they must be taken into consideration in the asset division process.

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 Posted on August 27, 2020 in Divorce

If you have not previously been divorced, then you understandably do not know what the divorce process actually entails. Everything that you know about the divorce process probably comes from what you have heard from your friends, family members, coworkers, and other people who have talked about their experience with divorce. While it can be helpful to have support from loved ones, you should speak to an Illinois divorce lawyer for the truth about any topics that may be of concern to you. Here are a few common myths that still exist about divore and the truths behind those myths:

You Must State a Reason For Your Divorce

Just a couple of years ago, the state of Illinois changed its divorce laws immensely. One of those changes was removing the option of choosing fault or naming a reason for the divorce. Now, the only legal reason stated for getting a divorce is irreconcilable differences which caused an irretrievable breakdown of the marriage.

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 Posted on August 20, 2020 in Divorce

Divorce has become common enough that some couples seek to lower costs by purchasing “at-home” divorce kits and filing their own legal paperwork. In some situations, this approach can work, but most couples will save time, money, and stress by partnering with a skilled divorce lawyer to walk them through the process. There are a number of very important reasons to consult with a lawyer on all divorce-related concerns. Consider some of the most common:

Reason #1: Experience Is Key

Divorce lawyers handle divorce cases on a daily basis. As a result, even lawyers who have been practicing for only a few years have seen all types of cases and circumstances. Lawyers know the law, the courts, and the local judges. They can also bring up important points that you might not consider while trying to handle things on your own.

Reason #2: Lawyers Offer Informed Advice

Because divorce attorneys have seen it all, they are among the best sources for answers to questions about the divorce process. They understand spousal maintenance payments, property division, and parenting arrangements. While all divorces can benefit from legal representation, complicated divorces practically require a skilled lawyer for advice and representation.

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 Posted on August 18, 2020 in Child Custody

For many divorcing couples, children are a part of the picture and must be properly handled before the divorce can be finalized. Getting a divorce when you have any children at all increases the complexity and difficulty of the legal process, but doing so when your children are in their teenage years can provide for rather unique and interesting issues. If your children are still minors, you and your spouse must have a parenting plan approved and in place before you can have a judge finalize your divorce agreement. Creating a parenting plan can be straightforward in some situations, but when you are creating a parenting plan for teenagers, there are some things you should keep in mind.

Flexibility is Important

When you have a child who is a teenager, they are just beginning to blossom into young adults. Their lives are no longer revolving around you and the family. They have other things going on in their lives, such as school, friends, extracurricular activities, sports, jobs and significant others. A strict parenting plan will only cause stress for everyone and can put a strain on the relationship between you and your teen. Having a flexible parenting plan is important for successfully co-parenting a teenager.

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 Posted on August 17, 2020 in Divorce

In most cases involving divorce or family law matters, the parties are able to negotiate an agreement outside of the courtroom. They only require the court to approve and formalize terms already drafted, with very little actual decision-making happening during the approval. Sometimes, though, the parties cannot reach an agreement and the matter is left to the court to decide. Such a ruling by the court typically carries an air of finality, especially if it feels like you were on the “losing” end. A less than favorable judgment is not necessarily the end, however, and filing an appeal could potentially allow you to work toward setting things right.

Act Quickly

Following the entry of the initial court’s judgment, you have 30 days to file a Notice of Appeal. The notice must be filed with the circuit court and announces your intention to challenge all or part of the judgment and the relief that you intend to seek. The reviewing or appellate court may grant an extension for up to an additional 30 days, but only if you have a justified reason for missing the original deadline.

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 Posted on August 12, 2020 in Divorce

We all know how challenging interpersonal relationships can be. Unfortunately, difficult situations like divorce and child-related legal proceedings can bring out the worst in people, making such relationships even more trying. Thanks to modern technology, individuals are more readily accessible to one another and connected like never before. Thus, it is easier than ever for your soon-to-be ex-spouse to lash out and send an angry text or email, tempting you to respond in a similar manner. Doing so, however, can be detrimental to your case, so it is important to keep your focus on moving forward.

Responding Is Not Always Necessary

When you receive hostile communication from your former partner or your child’s other parent, keep in mind that the email or text has no power over you unless you allow it to have this power. Angry messages may be an attempt by the sender to vent or relieve his or her own frustration, or they may be intended to rile up your emotions. Before deciding how to respond, step back and determine if a response is even required or appropriate.

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