Posted on February 14, 2017 in Divorce

Divorce is different for everyone who experiences it, and the length of time it takes to move through the grieving process can vary greatly from person to person. We all hear a variety of accounts from friends, family members, and co-workers of their personal experiences with divorce, but none of them can ever prepare you for how you feel when the event actually happens for you. Even more unpredictable is how you will end up coping, how long it will take to process the loss, and ultimately, how long it will take to finally heal from the whole ordeal.

Signs You are Moving in the Right Direction

Experts from Psychology Today report that a person’s emotional recovery time depends on a number of factors. The grieving process is not cut and dry, and it does not unfold the same way for everyone. Whether you saw the end of your marriage coming, you were abandoned, or were abused can all affect the length of your recovery time. Whether you share children together, are unable to support yourself financially, or experienced infidelity can also impact how long it takes for you to navigate the loss.

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 Posted on February 09, 2017 in Children and Divorce

No matter how hard parents work to reduce the stress, confusion, and hurt their children experience due to divorce, there is simply no easy way to get around the difficulties that surround the process. Divorce is emotionally taxing on everyone involved, but according to staff from the well-revered Mayo Clinic medical research center, there are certain steps you can take as parents to help make your children’s adjustment a little less painful in the long run.

Get Off On the Right Foot

While we know it is impossible for anyone to emerge from divorce completely unscathed, the transition can, at the very least, be less jarring when it is handled with care from the very beginning. This is especially true where children are concerned, as they are still developing and their emotions are heightened during stressful circumstances.

Communication is key: Get off on the right foot with aiding your child through the divorce process by having a sit-down with them. The Mayo Clinic recommends being honest about what is happening, but to avoid upsetting details. Acknowledge the hurt everyone feels about the situation, assure them they are not responsible for the split, and consider speaking with their school guidance counselor for additional support.

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 Posted on February 02, 2017 in Family Law

There has long been a stigma surrounding prenuptial agreements. Chances are, you have at some point interacted with someone who decided to pursue a prenup as a part of their marriage plan, or who at least considered one prior to their decision to tie the knot. Whatever your perception of the concept, the reality is that prenuptial agreements - as controversial as they may be - can be useful, efficient tools for couples. This is particularly true for those who have a lot at stake individually, in terms of assets and cherished belongings.

The Purpose Behind the Agreement

Prenuptial agreements are about much more than simply determining who gets what should the marriage ever come to an end. They are about ensuring each party is financially sound and able to care for themselves in the event the marriage ends, once income and money management circumstances have changed. They also serve to establish a foundation of honest, open communication between a couple early on in the union.

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 Posted on January 30, 2017 in Divorce

When you are going the process of ending your marriage, you will experience a wide range of emotions. In fact, many mental health professionals sometimes compare the psychological impact of a divorce to that of the death of a loved one, with obvious differences. Too often, however, a divorcing couple will allow anger and bitterness to overshadow all of the other emotions which can result in an even more difficult divorce. It is possible to limit the negative feelings during the process but doing so does require a little bit of work.

Decide in Advance

One of the most important things you can do to prevent anger and bitterness from controlling your divorce is to make a conscious decision to remain positive as much as possible. Commit to your future and that of your children rather than dwelling on the past. If you can keep negativity in check during the divorce process, you will be better equipped to make good decisions along the way. Focus on results and you will be more likely to obtain a favorable outcome.

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 Posted on January 27, 2017 in Children and Divorce

Any divorce proceeding can lead to serious emotional and psychological reactions by either spouse. When children are involved, however, the implications of divorce can be even more serious. Many children of divorce often struggle with their new reality and may display behavioral issues, uncontrolled anger, or symptoms of depression or anxiety. Divorced parents may be left wondering if there is anything the court can do in regard to ordering therapy or counseling and splitting the costs of such services. According to the law in Illinois, a family court can order counseling for children of divorce depending on the family’s circumstances.

Custody Evaluations

When a divorcing couple is struggling to reach an agreement regarding parenting arrangements for their child, such decisions are often left to the court. In doing so, the court has the authority to appoint an appropriate professional to conduct an evaluation of the child and each parent. These evaluations may include interviews, tests, and any other accepted methods of determining the child’s needs and his or her best interests. In addition to the court’s appointed professional, a professional retained by either parent may also conduct such an investigation at the court’s direction. The costs for such evaluations—if they are not conducted by an agency of the state—may be divided between the parties in a manner that is fair and equitable.

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 Posted on January 23, 2017 in Child Support

While very few people would dispute the appropriateness or the need for child support, there are differing opinions regarding how support payments should be determined. For many years, Illinois law based child support calculations primarily on the income of the supporting parent and the number of children needing support. Beginning next summer, however, the state’s approach will be changing to one that is seen by many as more equitable since it accounts for both parents’ income and the actual cost of raising a child.

Income Shares Child Support Model

Last summer, Illinois Governor Bruce Rauner signed a measure several years in the making. The new law provides a totally updated model for determining a parent’s child support obligation. The method is known as “income shares” and is currently in use in more than three dozen other states. According to the income shares model, the combined income of both parents is used to determine a “basic support amount,” or the amount that the couple would spend on raising their child if they had remained in the same household. The Illinois Department of Healthcare and Family Services has been tasked with developing a table for determining this amount as a percentage of the parents’ combined income.

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 Posted on January 20, 2017 in Divorce

Throughout the country, divorce has become a common enough occurrence that many people speak of the process very casually. The seriousness of divorce, as a result, is frequently underestimated. For example, in the 2011 film Crazy Stupid Love, the main character’s work colleagues laugh and celebrate when they discover that he is "merely" getting a divorce and does not have cancer. Such a casual attitude leads many to believe that when a marriage is experiencing problems, it is easy to ask the court to dissolve the relationship. The reality, however, is rather different.

Irreconcilable Differences

According to Illinois law, a judgment of divorce will only be granted on the grounds that "irreconcilable differences have caused the irretrievable breakdown of the marriage." The law goes on to say that the court must also determine that attempts to save the marriage have failed or that future efforts toward reconciliation would be unreasonable and not in the family’s best interests. But, what does that mean?

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 Posted on January 18, 2017 in Prenuptial & Postnuptial Agreements

When you were growing up, did you have fantasies about what your wedding day would look like? If you are like most people, the answer is probably yes. Once a couple gets engaged, they often spend months choosing dresses, flowers, and all of the accessories that will make their wedding perfect. With so much focus on the marriage ceremony and reception, far fewer couples spend adequate time preparing for the marital relationship itself. They tend to assume that loving one another is enough and everything else can be addressed when the time comes. Many marriages, however, are too complicated to leave to chance, and a prenuptial agreement could provide a measure of security for both spouses.

The Basics of Prenuptial Agreement

A prenuptial agreement is a type of contract between two people who are planning to marry one another. Your agreement may contain as few or as many provisions needed to address whatever concerns may be applicable to your situation. Most people think of prenuptial agreements as a form of insurance in case of divorce, and in some ways, that thought is rather accurate, but they can be used for other purposes. A prenuptial agreement can also contain terms that address each spouse’s responsibilities during the marriage as well as contingencies for the untimely death of one spouse.

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 Posted on January 13, 2017 in Property Division

Issues of money and property are often among the most contested elements in any divorce situation. A couple who has spent many years building a life together frequently have trouble disengaging from one another, at least in regard to their assets and debts. When divorcing spouses cannot reach a negotiated agreement regarding how their property will be divided, the court will make such decisions for them. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides fairly straightforward guidelines for the distribution of marital property which must be followed by the court.

What Property Will Be Divided?

Before any assets can be distributed, the court must first identify the property that is subject to division. Only assets and debts that are considered marital property will be divided between the spouses. The full listing of a couple’s marital property is sometimes referred to as the “marital estate.” According to Illinois law, the marital estate consists of virtually all property—including assets and debts—acquired by either spouse during the marriage. Very limited exceptions may be made for assets acquired during the marriage as a gift or inheritance to one spouse. Assets that were owned before the marriage are considered non-marital and are not subject to division.

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 Posted on January 11, 2017 in Property Division

When you are going through a divorce, it is imperative for you and your spouse to be completely forthcoming about your respective financial situations. Without full transparency, it is impossible for you and your spouse—or the court, when necessary—to properly divide the marital estate in accordance with Illinois law. In many cases, unfortunately, one spouse will look to manipulate the division of assets by hiding property and income streams to avoid having to share them with his or her partner. While it is often possible to address such behavior before the divorce proceedings are finalized, hidden assets may go undiscovered until after the divorce judgment has been entered. If you recently discovered that your former spouse was hiding assets during your divorce, it is not too late to take action.

Reopening Your Divorce

The first thing you should do if you have reason to believe that your ex-spouse hid assets during your divorce is to contact an experienced attorney. Your lawyer will work with you in filing a request for relief from the divorce judgment. Reopening your case is often easier if you file your motion within 30 days of the judgment being entered, but there is no statutory timeframe that limits your rights.

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