Posted on April 22,2020 in Child Custody

Unfortunately, not every marriage ends happily ever after as they do in the fairytales. In some cases, spouses simply grow apart or cannot reconcile due to infidelity or an addiction problem. When a couple has a child with a physical or mental disability, it can also put a significant strain on their relationship. In these family situations, the decision to divorce can be especially difficult. The thought of caring for a special needs child as a single parent can be overwhelming. On top of the usual issues that need to be resolved, such as the allocation of parental responsibilities, parenting time, and the division of property or assets, there can be a lot of uncertainty about caring for your child as a divorced parent.   

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 Posted on April 15,2020 in Illinois Divorce

Divorce can happen after three years or 30 years of marriage. Every relationship is unique, and there are many factors that cause the breakdown of a relationship. Some of these may include adultery, addiction, financial problems, and even mental health issues. In some cases, a spouse may be blindsided by the news that his or her partner wants to end the marriage. Divorce under the best of circumstances can be challenging, so for those individuals who are not prepared, it can be overwhelming

There are many issues that need to be resolved, including how all the couple’s possessions will be divided. Unfortunately, this can be a contentious process, especially when one party is not being truthful. The dissipation of assets occurs when one spouse intentionally squanders or destroys marital property to prevent the other spouse from getting his or her fair share of the marital estate.

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 Posted on April 06,2020 in Child Custody

There is no denying that a divorce can be challenging even if both spouses mutually agree it is for the best. The decision to end a marriage may be especially difficult if a couple has a child together. In many cases, both parents want to spend as much time with their child as possible and it is one of the reasons they often put off filing for divorce. Every state has laws governing divorce and child-related issues, and Illinois is no exception. The allocation of parental responsibilities (child custody) and parenting time (visitation) must be determined before a divorce is finalized. It is possible for the custodial parent to relocate, so it is crucial to know the rights each parent has under Illinois divorce laws.

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 Posted on March 25,2020 in Child Custody

The COVID-19 pandemic has affected millions of people on a global scale, from China to Italy to the United States, as well as many other countries. This novel (new) coronavirus is highly contagious and results in respiratory illness that can range from mild to life-threatening. Those who have pre-existing medical conditions or who are over the age of 65 are reportedly at a higher risk of fatalities. The Centers for Disease Control and Prevention (CDC) is aggressively responding to the worldwide outbreak of the virus, with updates and guidelines for citizens to follow. Some of these directives include isolation or quarantine orders if someone tests positive for the virus. During this unsettling time, parents who are divorced may be worried how it will affect their parenting plans

Illinois’ Response to Coronavirus 

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 Posted on March 20,2020 in Illinois Divorce

With all the issues your divorce might bring – child custody, child support, and more – the division of marital assets can seem especially complicated. If you and/or your spouse own a business, the proceedings can be even more complex. Illinois is an “equitable distribution” state, which means a court will determine how to split assets fairly instead of just dividing your and your spouse’s assets precisely in half. Therefore, you must have a business valuation conducted to accurately determine the company’s worth. To receive your fair share of this asset, it is important to hire an experienced divorce attorney, who, along with a financial professional, can ensure your rights are protected every step of the way.

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 Posted on March 11,2020 in Illinois Divorce

The decision to file for divorce is just the first step in a long road toward legally ending a marriage. One of the major concerns for couples who are divorcing is figuring out who gets what in the final settlement. Illinois is an equitable distribution state when it comes to dividing marital property in a divorce. However, non-marital property is handled differently. Under Illinois divorce law, both spouses are entitled to keep all of their own or separate assets. Non-marital assets are classified as property acquired as a gift, through an  inheritance, or prior to the marriage, as well as property that is specifically protected by a valid prenuptial agreement. In some cases, disputes can arise if spouses argue over these items.  

Identifying Separate Property 

Distinguishing between marital and non-marital or separate property in a divorce is not always as simple as it may seem. One of the difficulties that can arise when trying to establish a non-marital asset occurs when the spouses have commingled or mixed non-marital and marital funds. Tracing is a method of following the flow of money or assets from their original source to demonstrate that they are indeed non-marital. This requires proof that the original source of the asset came from a gift, an inheritance, or ownership prior to the wedding

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 Posted on March 05,2020 in Illinois Divorce

The thought of going through a divorce can be intimidating, even if you are in an unhappy marriage. Suddenly becoming single after years of being married is often a difficult transition. When children are involved, the breakup of the family unit can seem devastating. However, a dysfunctional relationship is not healthy, so in many of these cases, divorce is the best option. Facing a new chapter of your life may be scary, but there are steps you can take to alleviate the stress. It is also critical that you hire a proficient divorce attorney to guide you through the process and protect your rights when it comes to the division of property or assets, spousal support, and child support.

Practical Ways to Adjust to Your New Life

You will most likely go through an adjustment period once you are divorced. You may be sad, angry, or bitter. Similar to when someone you love passes away, there is no set time when you should “be over” your divorce. It is painful even if it was your idea to split up. Here are several helpful tips for obtaining a fresh start after your marriage ends: 

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 Posted on February 26,2020 in Child Custody

Many couples who are unhappy put off filing for divorce if they have children together. The thought of hurting their kids by breaking up the family can be overwhelming. However, ending a dysfunctional marriage may benefit everyone in the long run. In Illinois, parenting time (visitation) refers to when a parent sees his or her child after a divorce or breakup. Parents can develop their own arrangement for parenting time, but a judge will still have to approve the schedule. When a couple cannot reach an agreement, the court will determine an appropriate parenting time schedule for the parents.

Illinois Divorce Laws

According to the Illinois Marriage and Dissolution of Marriage Act, the allocation of parental responsibilities (child custody) is divided into two main elements. The first aspect involves decision-making authority for important issues, such as education, religion, and healthcare. The second basic element of parental responsibility is parenting time, which may include the right of first refusal. This means that if a parent intends to leave a child with a caregiver for a substantial amount of time, that parent must first offer the other parent an opportunity to take care of the child. Examples of third parties include a babysitter, relative, stepparent, friend, or daycare facility

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 Posted on February 19,2020 in Illinois Divorce

The decision to file for divorce can be one of the most difficult experiences of someone’s life. If a couple has children together, breaking the news to them can be just as heartbreaking. Many spouses who are unhappy stay together just for the sake of their kids. However, remaining in the relationship can do more harm than good. It is important to be honest and open with your children about your marriage ending so they are not blindsided if one parent suddenly moves out of the house. Following are some practical tips for helping you and your children during this major life transition

Preparation and Delivery Are Important

It is crucial that you do not tell your children that you and their other parent are getting a divorce until you are absolutely sure that is what you are going to do. The news that their family unit as they have known it is splitting up can be devastating to kids. It is critical that you make it clear to them that this is not their fault; it is a breakdown of the relationship between you and your spouse. The conversation is not going to be easy, but the manner in which you deliver the news can make a difference in your kids’ reactions and set the tone for moving forward.

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 Posted on February 12,2020 in Illinois Divorce

A divorce can be difficult for a child to process. His or her world changes dramatically when the family unit as he or she knew it is no longer intact. Moving out of the marital home and into a new residence may be a challenging adjustment for any child, especially if he or she is living part time with both parents

According to Illinois law, parenting time (visitation) is determined based on several factors if the parents cannot come to their own arrangement. Depending on the allocation of parental responsibilities, one parent may have the majority of the time with the child once the divorce is final. However, there may be other family members who wish to see the child on a regular basis. In certain situations, other relatives such as grandparents or aunts and uncles may be awarded visitation rights. There are specific conditions that may warrant this scenario.      

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