Posted on January 16,2024 in Divorce

Fighting is a normal part of marriage. Generally, in a healthy marriage, the spouses can take some time to process their anger, and then figure out together how to move beyond the argument and forgive each other. For some couples, the fighting never ends. People who find themselves constantly fighting at home might want to stop it from happening, and one way to do that is to end the marriage. If you and your spouse are no longer happy in your marriage but you are not yet ready for divorce, a Wheaton, IL divorce lawyer can explain what happens in a legal separation and see if it might be a good option for you.

Why Choose Legal Separation Over Divorce?

Some people have the mistaken idea that legal separation just means one of the spouses moves out. In truth, it is very similar to divorce. Couples who are legally separated remain married but can maintain completely separate lives. Much like divorce, legal separation also requires that the spouses undergo a legal process to figure out how their future finances and parenting will look once they are no longer living together as a married couple.

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 Posted on January 08,2024 in Divorce

When a couple goes through a divorce, the spouses need to reach a settlement that will describe what they will need to do once the marriage is legally over. The settlement will include how any marital property and other assets will be divided, if either spouse will need to make spousal support payments, and what will happen with their retirement funds. If they have children, they will also need to draw up a parenting plan that will detail how they will divide parental rights and parental responsibilities. These agreements serve as an outline for the spouses to follow so that things are not left to doubt. If either ex-spouse fails to fulfill any of their responsibilities, it can have serious consequences for the other spouse. If you are in such a situation, an experienced DuPage County, IL, divorce lawyer can offer you guidance and help you navigate your options.

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 Posted on December 27,2023 in Adoption

No two people are the same. We are all raised differently, come from different backgrounds, and have unique personalities. Similarly, no two marriages are the same. And that is why there is no one way to end a marriage that works for everyone. Some people find that they cannot communicate productively with their spouse and will need others to help them reach an agreement. Some people split with their spouse on good terms and can avoid fighting things out in court to reach a settlement. If you are considering divorce and are not sure which path is best for you, a DuPage County, IL, divorce attorney can explain your options and help you figure out how you want to move forward.

How Does Mediation Work?

In most cases, divorce mediation is a fairly straightforward process. The mediator is an unbiased outsider whose primary goal is to help both people leave feeling satisfied with the settlement. As such, both spouses generally think that they were given equal opportunities to voice their opinions and advocate for their interests. The spouses sit in separate rooms, and the mediator moves back and forth between both, asking questions, relaying answers, hearing each person’s concerns and considerations, and suggesting what they believe both spouses would consider reasonable compromises until a settlement is formulated. Just like in all other types of divorce, a settlement reached in mediation needs to include agreements about all the aspects of divorce, including:

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 Posted on December 19,2023 in Divorce

Divorce can be one of the most difficult processes for people to go through. Like any breakup, you can feel heartbroken and sad, but on top of it, you need to go through legal proceedings to painstakingly divide all of the assets you amassed together. If you are parents, you need to draft a plan for how you will both continue raising your children, but separately. You might need to work out arrangements for retirement, health insurance, student loans, and other issues that you would have handled together had you remained married.

However, some divorcing couples are able to end their marriage amicably. Just because the spouses no longer want to stay married doesn’t mean they need to act like enemies and make it impossible to reach agreements with each other. If you and your future ex-spouse can communicate productively, a knowledgeable Dupage County, IL, divorce lawyer can talk to you about whether an uncontested divorce might make sense for your situation.

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 Posted on December 14,2023 in Adoption

When any couple goes through a divorce, there are so many issues they need to figure out. When the couple also shares children, these issues are confounded. It is common to think about child-related issues in a divorce to revolve around matters like joint custody, where the child will sleep and when, who gets them for each holiday, who decides whether they can take karate, gymnastics or swimming, who they spend their summer vacation with, which parent gets to make medical-related decisions, and a ton of other questions that happen to be more relevant for discussions about young children.

The issue is that couples can get divorced at any stage in their life, and the timing of their divorce could impact issues that you might not have even considered. For example, if you are considering divorce and you have children who will soon be graduating high school, it could be helpful for you to speak with a knowledgeable DuPage County, IL, divorce lawyer. They can explain everything you need to think about to help you reach an agreement that will benefit your child and protect your rights.

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 Posted on December 07,2023 in Divorce

The State of Illinois takes accusations of domestic violence very seriously. Anyone who issues a complaint can be granted an Order of Protection, or a restraining order, which will have legal authority to demand that the alleged abuser stays away from the alleged victim. If danger seems imminent, an almost automatic process can grant an Emergency Order of Protection.

While it is wonderful that these accusations are taken so seriously and can be dealt with so quickly, false accusations are sometimes made and the accused party can suffer unnecessarily. If you believe you have been wrongfully accused of domestic violence and you want to see your children, an experienced DuPage County, IL divorce lawyer can assist you by compassionately ensuring that your rights are protected.

How Should I Respond to an Emergency Order of Protection?

As soon as a domestic abuse claim is made, a court procedure is initiated to decide whether there are reasonable grounds for an Order of Protection. In some cases, the court will investigate the claims exhaustively but in other cases, testimony from an accuser is sufficient for an Emergency Order of Protection (EOP). When this is granted, the restraining order takes effect immediately. At that point, the accused spouse will receive a notice that includes important information like:

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 Posted on November 27,2023 in Divorce

Credit card debt is a widespread issue across America and poses a particular challenge during divorce. If either spouse has student loans, a mortgage, personal loans, or credit card debt, what happens to it will be decided as part of the debt division to be settled in divorce proceedings. If you are considering divorce and are concerned about your spouse’s credit card debt, a knowledgeable divorce lawyer can offer insight into the process and help you protect your rights.

How Is Debt Distributed in Illinois?

Illinois is considered an “equitable distribution state” for the division of both assets and debts. This means that decisions about how assets and debts will be distributed in divorce will be guided by the goal of ensuring that neither spouse is unfairly financially disadvantaged. However, several other issues will be taken into consideration, including:

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 Posted on November 20,2023 in Divorce

Many parents struggle to maintain their previous work schedule once they have children. It can be difficult just handling the basics of dropping them off at school on time and bringing them after school when you are expected to be at work around the time school starts and your workday lasts longer than the school day. A long commute can make it nearly impossible. When you consider that many children also have extra-curricular activities, medical appointments, or special needs, the logistics alone can be too much to handle for a working parent. This leads many families to decide that one parent should not work and instead be a stay-at-home parent. If you are a non-working parent and are concerned about financial issues after divorce, a DuPage County, IL divorce lawyer can work together with you on a plan to protect your rights.

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 Posted on November 14,2023 in Child Custody

There is a common assumption that if a couple has children, the mother will automatically get most of the parental rights and responsibilities in a divorce: the mother will get full custody and the father will only be able to visit with the children; the mother will have all decision-making rights for the children, regarding their schooling or healthcare or anything else; the father will pay child support and the mother will be the main parent in the child’s life. These assumptions are no longer accurate.

Every state has its own laws for this section of the law, and even within each state, every divorce is unique. There is no hard rule about “all” divorces being decided in any certain way. That means there is no reason to assume your spouse will get all the parental responsibilities in a divorce. If you are a father and are considering divorce, an experienced DuPage County, IL, divorce lawyer will be able to answer any questions and explain what you can expect with knowledge and sensitivity.

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 Posted on November 07,2023 in Divorce

While it is true that no two divorces are the same, there are still some issues that commonly come up. Whether the two spouses are splitting up amicably or are unable to even make eye contact, they will still generally need to figure out asset division, spousal support, and property division. And regardless of how easily a couple can reach agreements about all those things in a divorce, child custody issues are commonly difficult to work out.

A couple can be ending their marriage on great terms and still find it nearly impossible to formulate a plan for how they will raise their children in this new dynamic. Also, parents can sometimes be so wrapped up in worry about the divorce settlement they might not always feel able to keep their children’s best interests at the center of their minds.

In such cases when parents cannot agree on how their parental responsibilities should be divided in divorce, a guardian ad litem, or GAL, can be appointed by the court. This is a legal representative specifically tasked with advocating for the child’s interests. If you believe an acrimonious divorce may be in your future, it might be good for you to understand what exactly a GAL does. An experienced DuPage County, IL child custody attorney can answer your questions and help prepare you for the next steps in your divorce.

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