Posted on November 04,2020 in Child Custody

Getting a divorce brings about many changes to your everyday life, which can be especially true if you are a parent. One of the biggest and most difficult changes to cope with for many Illinois divorcees is how much less time they get to spend with their children. In Illinois, the default is to allow both parents to have unrestricted parenting time with the child, unless there is strong evidence that unrestricted parenting time would be harmful to the child’s physical or emotional and mental well-being. If restrictions are required, a common example is requiring the parenting time to be supervised.

What Does Supervised Parenting Time Look Like?

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), supervision during parenting time simply means that there is a third party present during the parenting time of the parent in question. Typically there are two types of “supervisors” or third parties that are often used in supervised parenting time cases:

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 Posted on October 29,2020 in Family Law

Divorcing with children means you must pay attention to and come to an agreement on a slew of additional issues other than your usual divorce topics. Making decisions and coming to a consensus on things such as parenting time agreements and child support payments with your spouse can seem like you are running a marathon, especially if you and your spouse are not on the friendliest of terms. In some cases, the child can even become stuck in the middle of the parental conflict and become a victim of parental alienation. This type of parenting behavior can be harmful to your child’s wellbeing, which is why you should take action at the first sign of alienation.

What is Parental Alienation?

In the simplest words, parental alienation occurs when one parent attempts to damage the relationship between the other parent and their child. The alienating parent will display unjustified negativity toward the alienated parent, with the intent that the child’s emotions will turn against that parent. Not only is parental alienation extremely stressful and emotionally painful for the alienated parent, it causes emotional distress for the child and is actually considered by most mental health professionals to be emotional abuse.

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 Posted on October 15,2020 in Divorce

Even if you have the best of intentions going into your divorce, you can still end up going through a contested divorce if your spouse decides he or she will be combative. Many times, you will know when your spouse is going to be difficult about certain issues in a divorce. In some cases, your finances can be the point of contention in your divorce and the source of much of the tension and disagreement. Some people end up needing to use subpoenas during their divorce cases and some do not; the majority of that depends on how cooperative your spouse is when it comes to the discovery process and dividing your assets.

The Discovery Process and the Role of Subpoenas

The discovery process is the formal exchange of financial information between the two spouses during a divorce. In some cases, this process does not even have to happen because both spouses are able to be fair and reasonable when it comes to asset division. However, in most cases, especially complex divorce cases, the discovery process is essential for uncovering all relevant financial information and documents. This is also typically when you or your attorney would request and draft any subpoenas for documents that you may need. You are permitted to subpoena people as well, but it is rare that you need to subpoena a witness in a divorce case.

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 Posted on October 09,2020 in Asset Division

There are many issues that a couple is bound to disagree on during a divorce. Some of the most common conflict-causing issues include child-related concerns such as allocating parenting time and decision-making responsibilities, whether or not you receive spousal maintenance, and what to do with the family home, among others. The most notorious issue that may cause conflict, however, is your finances. Just as finances tend to be a common cause of arguments and conflict in marriage, your finances can also be an area of concern in your divorce. A temporary financial restraining order can be a useful tool during your divorce and can actually protect your assets from being mishandled or wasted by your spouse. 

Understanding Temporary Financial Restraining Orders

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 Posted on September 29,2020 in Divorce

When you have come to the decision that you and your spouse are going to get a divorce, you will likely experience a flood of different emotions, ranging from relief, sadness, depression, anger, and rage. While it may seem strange to experience such complex emotions, divorce is a complicated event that encompasses every area of your life. Once you reach the property division stage of your divorce, you and your spouse will be required to divide your marital property in an equitable manner, according to Illinois law. Your marital property includes anything that either you or your spouse took possession of during your marriage, including items like vehicles, the family home, and other real estate. Determining what to do with these assets -- especially the family home -- typically begins with an appraisal.

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 Posted on September 21,2020 in Divorce

For many people, going to college to get an education is an important step that they must take to advance themselves in their careers. However, college education does not come with small price tags. According to Forbes, there are approximately 45 million people in the United States with student loan debt, the majority of which owe between $20,000 and $40,000. Student loan debt may be one of the largest debts that either you or your spouse have. If you decide to get a divorce in Illinois, debt can be an important factor when it comes to asset and debt division since you are required to allocate all of your property and liabilities. An experienced Illinois divorce attorney can assist you with this process.

Are Student Loans Marital or Nonmarital Property?

Before you can even begin to look at dividing up student loan debt, you must first look to see if the debt is technically marital or nonmarital property. If the student loans were incurred before the marriage took place, then they would be considered non-marital property and would likely remain the responsibility of the person who incurred them. If the student loans were obtained after the marriage took place, they are considered marital property and will be subject to division.

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 Posted on September 17,2020 in Divorce

Filing for divorce is likely the most complicated emotional and financial event that will take place in your life. Getting a divorce can touch every aspect of your life, including where you live, where your children go to school, your standard of living and even when you get to spend time with your kids. All of this change requires you to make quite a few decisions in a relatively short amount of time, which can be extremely stressful. People going through a divorce who are experiencing this kind of emotional distress often find that they benefit from the help of a divorce coach.   

What is a Divorce Coach?

Though getting a divorce is a legal and financial process, it also greatly impacts your emotional health, which often gets tangled up in the middle of the legal process. A divorce coach is an individual who typically comes from a legal or conflict resolution background and also has professional experience with mental health. Their main goal is to support, motivate, and guide you through your divorce by helping you make the best decisions possible for your future. It may sound like a divorce coach is similar to a therapist, but this is not the case. A therapist focuses on the past, while a divorce coach focuses on your future goals and how to achieve them.

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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

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 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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