Posted on May 11,2022 in Divorce

Marriages end for countless reasons. Some gradually break down over the course of years or decades. Other marriages end abruptly because a spouse has an affair or violates the other spouse’s trust. Sometimes, spouses simply fall out of love. If your marriage has reached the point of no return and divorce is imminent, there are things you can do now to make the divorce process easier.

Preparing for Divorce Can Help Make the Process Go More Smoothly

Divorce is a difficult process to go through, but preparing in advance can help you ready yourself to tackle divorce issues like property division, spousal maintenance, and child-related matters.

If you know that your marriage is beyond saving and you will soon divorce, here are six steps you can take to prepare yourself, your family, and your finances.

• Gather financial documents – Most divorce issues revolve around money and property. One of the best things you can do to prepare for divorce is to find and organize financial documents such as paystubs, tax returns, mortgage documents, vehicle titles, and credit card statements. Make copies of these documents as they will be needed later in the process.

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 Posted on April 27,2022 in Family Law

Being a parent is hard regardless of your marital status. But co-parenting kids with an ex comes with additional challenges. If you are planning to divorce or you are an unmarried parent sharing custody of your kids with an ex, you may already have experienced some of these difficulties. Parents may disagree about parenting time schedules, their child's education or participation in extracurricular activities, healthcare, and much more.

Every co-parenting relationship is bound to experience problems, but there are steps you can take to lessen co-parenting disagreements.  

Disagreements About Child-Related Issues

Parents often have strong opinions about what is best for their children. When parents disagree on what is in their child's best interests, the situation can quickly devolve into an argument.

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 Posted on April 25,2022 in Family Law

Domestic violence victims in Illinois have the option to get an order of protection to protect themselves, their children, and their property. A protection order is often the first step in leaving an abusive marriage or relationship. Protection orders can also provide legal protection if the abuse is at the hands of an ex-romantic partner, current or former household member, or family member. Unfortunately, many domestic violence victims are unaware of their rights and options under Illinois law. This leads them to suffer in silence and without the legal protection they need. Read on to learn about protection order hearings and what you can do if you are ready to get a protection order for yourself or a loved one.

Emergency Protection Orders May Be “Ex Parte” Orders

The first step in seeking legal protection against an abusive or harassing individual is an Emergency Order of Protection (EOP). In Illinois, EOPs are offered on an “ex parte” basis which means that the respondent (the subject of the order) does not need to be present. You can get an EOP from the court based solely on your testimony. The abuser’s presence is not required. Often, domestic violence victims are able to get an EOP on the same day on which they requested it.

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 Posted on April 19,2022 in Divorce

If you are getting divorced, there are probably a thousand questions running through your head at any moment. Divorce can have major personal and financial implications. One issue many people worry about is what happens to debts in a divorce. You or your spouse may have student loans, credit card debts, personal loans, a mortgage, and other debts. What happens to this debt when you get divorced? Who is ultimately liable for debts accumulated during a marriage? The answers to these questions vary. An experienced divorce lawyer can help you understand your financial rights and responsibilities during your divorce and the best way to protect your financial interests.

Is the Debt Marital Debt or Non-Marital Debt?

The first question you will need to ask yourself regarding debt is whether the debt is considered marital debt or non-marital debt. Ideally, spouses will have signed a prenuptial agreement that clearly explains which debts and assets are marital and non-marital. However, if there is no such agreement, the debt classification will be determined by Illinois law.

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 Posted on April 12,2022 in Family Law

When divorcing spouses share children together, the divorce process becomes much more complicated. In addition to financial matters like property division, the couple must also address child-related concerns like child custody and child support. Read on to learn about some of the top questions Illinois parents have about parenting time and what you can do to get personalized legal guidance during your divorce case.

How is Parenting Time Different Than Child Custody?

One of the most complicated parts of the divorce process is navigating the sea of confusing legal terms and language. Illinois law no longer uses the term child custody. Instead, child-related matters are broken down into the allocation of parental responsibilities and parenting time. Parental responsibilities refer to the parents’ right to make decisions about their child’s education and other important matters. Parenting time is the time that parents spend with their children. The parents will include their parenting time schedule in their parenting plan and submit it to the court for approval.

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 Posted on March 29,2022 in Divorce

Taxes are probably the last thing on your mind if your marriage is ending. You may be more focused on the immediate financial implications of the split, the divorce’s effect on your children, ownership of the marital home, and other issues. However, divorce can have major tax implications for both spouses. Read on to learn about some of the top tax-related issues Illinois couples encounter when they divorce.

Tax Implications of Property Division

You and your spouse will need to value and divide your shared property in your divorce. The way you distribute property can have certain tax advantages and disadvantages. Usually, property transfers during divorce are non-taxable events. However, each case is different, and you may decide to forgo the opportunity for tax-free transfers if there is an advantage to doing so. There can also be major tax implications associated with retirement assets and liabilities like capital losses and charitable deductions.

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 Posted on March 22,2022 in Divorce

Spousal support, spousal maintenance, and alimony are all terms used to describe financial support paid by one spouse to the other after divorce. Spousal support can be a significant source of financial relief to those who receive it. However, it can also be a major expense for the paying spouse. Whether you are the primary earner in your marriage or you intend to seek spousal support for yourself, it is important to understand how spousal support works in Illinois divorce cases.  

Spousal Maintenance is Usually Ordered for a Limited Time

In most cases, spousal maintenance is temporary. The spouse receives financial assistance in the form of maintenance until he or she is able to become self-sustaining. If the marriage lasted more than 20 years, permanent maintenance might be ordered. However, spousal maintenance always terminates if the recipient gets remarried or the paying spouse dies.

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 Posted on March 15,2022 in Divorce

Divorce is rarely a pleasant experience, but most people expect their spouse to participate and cooperate to at least some degree. Unfortunately, some spouses make the divorce process much harder by refusing to participate. Some may leave the state or even travel out of the country to avoid divorce.

If you want to get divorced but you cannot find your spouse to serve the petition or your spouse refuses to sign divorce papers, you may be feeling frustrated and lost. Illinois law recognizes that some spouses are not able to be located or refuse to participate in the divorce proceedings. In cases like these, spouses may be able to serve notice of the divorce by publication and seek a default judgment.

Seeking a Divorce by Publication Because You Cannot Locate Your Spouse  

The person who initiates the divorce is called the petitioner. It is the petitioner’s job to “serve” or deliver the divorce petition to the other spouse, called the respondent. Some divorcing spouses are able to simply hand over the paperwork to the other spouse. The spouse may send the summons through certified mail or use a designated server such as a county sheriff to deliver the divorce paperwork.

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 Posted on March 07,2022 in Divorce

Johns Hopkins Medicine reports that approximately 26 percent of adults in the United States have some form of mental illness. Depression and anxiety are some of the most common psychological problems experienced by Americans.  Panic disorder, post-traumatic stress disorder (PTSD), obsessive-compulsive disorder (OCD), and schizophrenia are less common, but these illnesses still affect millions of Americans.

If you or a family member suffer from a mental illness, you may wonder how the illness can influence divorce, parentage, child custody, or other family law matters. Read on to learn more.

Mental Illness in Divorce Proceedings

There are no longer fault-based grounds for divorce in Illinois, so mental illness is not listed as a reason for the divorce. However, a spouse’s mental illness can influence a divorce case. When a spouse has a mental illness, he or she may be less capable of participating in mediation or divorce-related negotiations. The spouse may struggle with court paperwork or procedures.

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 Posted on February 21,2022 in Divorce

The marital relationship can be extremely tricky to navigate. Many married couples go through rough patches but eventually work out their differences. Other couples are plagued by disagreements, infidelity, or other issues until the day they separate. It can be hard to know for sure when a marriage is over and it is time to get divorced. It is especially complicated when one spouse thinks that the marriage is over but the other spouse believes there is still a possibility of reconciliation. In situations like this, the court may require the couple to attend a conciliation conference.

One Final Chance at Reconciliation

Illinois courts have the authority to order spouses to attend a conciliation conference if there is a chance that the marriage may still work out. Either spouse can petition the court for a conciliation conference, or the court can order the conference if there is reason to believe that the couple may be able to avoid divorce. The purpose of the conference is to give the couple one last chance to resolve their differences and stay married.

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