Posted on August 22, 2022 in Divorce

Collaborative divorce is an alternative dispute resolution method divorcing couples can use to reach an agreement on the terms of their divorce. The collaborative process allows the spouses to negotiate issues such as the division of marital assets and debts, child custody, and spousal maintenance. Ideally, spouses can reach a settlement through the collaborative process and avoid the litigation process.

There are many benefits to the collaborative process. Spouses remain in control of the outcome of the divorce and keep the case out of Court. The process is also confidential, unlike many Court proceedings. Parents may find that working cooperatively during the collaborative divorce process also sets them up for a cooperative co-parenting relationship after the divorce. One of the most important benefits of a collaborative divorce is the insight provided by third-party professionals.

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 Posted on August 05, 2022 in Divorce

Prenuptial agreements and premarital agreements allow engaged couples to define their financial rights and obligations before they get married. Most family law attorneys are seeing an increase in prenuptial agreements – especially among millennials. Modern couples are getting married later in life and often have significant assets, including business interests, cryptocurrency, and real estate. They may also have significant debts, including student loans and credit card debt.

A prenuptial agreement is a great way to protect financial interests and set the terms of spousal maintenance in the event of divorce. However, prenuptial agreements are not always enforceable by the court. This blog will discuss the requirements for prenuptial agreements in Illinois and some issues that can cause a prenuptial agreement to be unenforceable.

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 Posted on July 29, 2022 in Divorce

Any parent getting divorced worries about how the divorce will affect their children. Although divorce is common in our modern age, it still has massive repercussions for everyone in the family. A parent may be especially concerned about how divorce will affect their child if the child has autism.

Children on the autism spectrum see the world through a different lens than those without the disorder. They are often highly sensitive and struggle to adapt to change. Some suffer from developmental delays, anxiety, or unpredictable mood swings. Others struggle to show emotion at all and appear completely disengaged from other people.

If your child has autism spectrum disorder (AUS) and you plan to end your marriage, it is important to plan the divorce with your child's unique needs in mind.

Telling Your Child About The Divorce

One of the best things you can do to protect your child from avoidable pain during your divorce is to carefully plan when and how you tell him or her about the divorce. Experts agree that it is best for both parents to sit down and have the “divorce talk” with the child together. However, this is not always possible. Ideally, you will plan what you are going to say to your child in advance and think about the questions he or she may ask. Clear your schedule so you have at least a few hours with your child to let him or her process the news and come to terms with it. Make sure your child knows that he or she is not to blame for the end of your marriage.

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 Posted on July 21, 2022 in Divorce

Getting divorced involves many specific procedures and processes. The petitioner is the spouse who files for divorce by submitting a Petition for Dissolution of Marriage to the Court. The respondent is the spouse who is served with divorce papers. The respondent has the opportunity to “respond” to the divorce petition and participate in the divorce proceedings. For example, the respondent may disagree with the petitioner's choices regarding property division, parental responsibilities, or other divorce matters. Responding to the divorce petition gives the petitioner a chance to negotiate these issues with the other spouse and reach a settlement. If no agreement is reached, the case proceeds to trial, where a Judge makes a decision on the unresolved issues.

If a spouse forgoes his or her opportunity to participate in the divorce process, the Court may enter a default judgment against the spouse.

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 Posted on July 18, 2022 in Divorce

If we lived in a perfect world, every divorcing spouse would totally cooperate with the divorce process. They would freely provide the necessary documents, fully disclose their income and assets, and treat their soon-to-be-ex with respect and civility. Of course, we do not live in a perfect world. In reality, most divorce cases involve at least some degree of contention. In some cases, divorcing spouses refuse to cooperate or compromise, withhold important information, or hide assets.

Divorce discovery is the fact-finding aspect of a divorce case. Lawyers have many different legal tools at their disposal that they can use to obtain information and evidence in a divorce case. If you are getting divorced, it is important to know what to expect during divorce discovery.

Discovery Tools That May Be Used in Your Divorce

Each case is different, and divorce attorneys may use a variety of different legal tools and procedures to uncover information relevant to a case. Divorce discovery may involve:

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 Posted on July 08, 2022 in Divorce

Wealth can complicate divorce significantly. Divorcing spouses with high-value assets may find themselves inundated with decisions during the divorce process. Should I keep the marital home? What about vacation properties? Do I have a right to a portion of my spouse's business interests? Are investments and retirement accounts separate property or marital property? Questions like these can be confusing and overwhelming. If you are a high-net-worth individual getting divorced, reach out to an experienced high-net-worth divorce lawyer for help. Additionally, keep the following considerations in mind.

Tips for Divorce Involving Significant Wealth

Dissolving a marriage is even more complicated when one or both spouses have assets of significant value. The financial consequences of mistakes and oversights in a high-net-worth divorce are also amplified.

During a high asset divorce:

• Do work with a divorce attorney experienced in complex property division and other high asset divorce concerns. High net worth divorce cases differ from typical divorce cases, and you will benefit by retaining a lawyer qualified to handle complicated financial and legal concerns. Your lawyer can help you make sound financial decisions that set you up for post-divorce success.

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 Posted on June 30, 2022 in Divorce

Most people underestimate just how difficult it is to end a marriage. Divorce involves addressing multiple complex issues, including the division of marital property, parental responsibilities and parenting time allocation, and spousal maintenance. Spouses who can reach an agreement about how to handle these issues can avoid divorce litigation through the Court. However, discussing complex issues like these is difficult under the best of circumstances. Negotiating a divorce resolution with a soon-to-be-ex-spouse can be especially frustrating and complicated.

Fortunately, divorcing spouses have the option to attend divorce mediation and work with a professional mediator who will help them have productive, fruitful conversations regarding unresolved divorce concerns.

Receiving Professional Assistance When Reaching a Resolution

Mediators are trained professionals knowledgeable in communication, conflict de-escalation, and negotiation. Mediators do not make any decisions for the couple or tell them how to handle the end of their marriage. Instead, the mediators help the spouses reach their own conclusions by facilitating constructive discussions and reducing conflict during negotiations.

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 Posted on June 14, 2022 in Divorce

If you are getting divorced, you may have questions about spousal maintenance. Sometimes called alimony or spousal support, spousal maintenance aims to reduce the negative financial impact suffered by a spouse after a divorce. Whether you are the primary income earner in the marriage or you make less than your spouse, it is crucial to understand how spousal maintenance works in Illinois divorce cases.

Who Can Get Spousal Maintenance?

Typically, spousal maintenance is paid to lesser-earning spouses to offset the negative financial effects of divorce. While women have traditionally been the recipients of spousal maintenance, men and women can be both payers or recipients of maintenance.

How Can I Get Maintenance?

If you and your spouse have a prenuptial agreement entitling you to maintenance, the Court will most likely uphold this decision during your divorce. If you do not have a prenuptial agreement or postnuptial agreement in place, you can request spousal maintenance during your divorce. Some couples are able to reach an agreement on the terms of spousal support and avoid taking the matter to trial. For example, you may agree that you will receive maintenance for a one-year period to give you time to get back on your feet financially.

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 Posted on June 08, 2022 in Divorce

Divorcing spouses must contend with several different financial issues during divorce. One of the most consequential of these issues is the division of marital property and debts. Almost all of the assets acquired by either spouse during the marriage are considered marital property. Illinois law states that marital property should be divided equitably. However, some divorcing spouses try to get an unfair advantage by hiding money or property during divorce.

Tactics Spouses May Use to Shield Assets From Division During Divorce

If you are getting divorced, any property division agreements or judgments you receive should be based on accurate financial information. Spouses in a divorce are asked to disclose all of their assets, including real estate property, bank accounts, retirement accounts, vehicles, business interests, and investments. However, spouses may fabricate financial information to try and gain an edge during property division.

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 Posted on May 31, 2022 in Divorce

During the divorce process, many of the most difficult decisions for parents revolve around the living arrangements and care of their children. If divorcing spouses are on relatively amicable terms, compromise and cooperation may be possible. For those in a more contentious environment, reaching a mutually acceptable plan may be a struggle. No matter how strained their relationship is, there are some situations that all parents going through a divorce should plan for in their parenting plan. An experienced divorce attorney can help guide you through the process.

Parenting Plan Elements

Residence, Schedules, and Holidays - To keep both parents involved in a child's life on a regular basis, children often split time between the homes of both parents. The parents should work together to determine the best schedule for the needs of the child while being cognizant of each other's schedules as well as minimizing travel time back and forth. Dividing time around holidays should also be addressed well in advance since holidays have the potential to cause conflict.

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