Posted on July 23, 2021 in Grandparent Rights

Divorce may seem like an isolated family issue, but it can also affect extended members of the family, such as grandparents. It has been a trend in the United States for grandparents to contribute significantly to child care and helping parents raise their children. In many cases, a retired grandparent may act as daytime child care for a child whose parents work during the day. Especially in these relationships, the bond between a grandparent and grandchild can be strong and essential to the child’s well-being. In some cases, grandparents in Illinois may be able to request visitation with a child after the child’s parents divorce or split up.

Requesting Visitation for a Grandchild

When it comes to family matters such as these, things can be sticky when parents disagree with grandparents. Illinois law states that grandparents are only allowed to request visitation if the child’s parent has “unreasonably” denied the grandparent the right to spend time with the child, and the denial has caused the child physical, emotional, or mental harm. The law does not define what “unreasonable” denial is, but it does state that all parents who are deemed fit are presumed to be acting in the child’s best interests if they refuse to allow a grandparent or other family member to spend time with the child. Unfortunately, this is not always true. Sometimes, a parent may use their child as a pawn against a grandparent or have some other bad faith reason to deny visitation.

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 Posted on July 15, 2021 in Divorce

The property division process can be one of the most important aspects of a divorce for many people. Many of the decisions you make while dividing your assets can affect your life for years to come. This is why it is so important for you to have an accurate understanding of your financial situation. Before you start dividing your property, your attorney will typically conduct discovery, which means he or she will request any and all financial information from your spouse. However, this does not mean that your spouse will comply or be truthful about their assets and debts. One of the things you can do to ensure that you receive a fair share of the marital assets is to create a lifestyle analysis.

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 Posted on July 09, 2021 in Divorce

When you get a divorce, it can feel like your life is falling apart. Even the small things you knew and were used to can change, like picking the kids up from school or what you have for dinner. Even more important things can change, including your financial situation and how you pay your bills. After you initiate a divorce, you will likely have two separate households that you must deal with until the divorce is final. But how do you know that everything for your own household is being taken care of in the midst of all of the chaos? In many cases, temporary orders can help you ensure financial support during the divorce process.

What to Include in Temporary Orders

Some people may not be aware that temporary orders exist, but they can be extremely helpful to couples who are going through a contentious divorce. When you file for divorce, you can petition the court and ask for any of the following issues to be addressed in a temporary order:

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 Posted on July 01, 2021 in Child Custody

With summer in full swing, you may be thinking about taking a fun trip with your kids. However, if you recently got divorced and have a child custody order to follow, it can make things a little more complicated. To avoid mishaps, be sure to plan ahead and keep your child’s co-parent in the loop.

Reviewing Your Parenting Agreement

If you share custody of your kids with your ex, it is a good idea to look at the parenting agreement before taking your children on vacation. Look for information regarding holidays and taking trips with your kids. The document may address important questions, such as how much notice you have to give the other parent and how long of a trip you can take. If you are having difficulty understanding some of the terms in your parental agreement, do not hesitate to talk to your Illinois family lawyer.

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 Posted on June 14, 2021 in Divorce

If you have decided to file for divorce, you may be nervous about going to Court and battling with your spouse. However, if you opt for mediation, you may not have to go through all of that stress. During mediation, you and your spouse will attempt to resolve major issues in your divorce with the help of a mediator. The process can help you save money, time and heartache.

Things You May Not Know About Mediation

Although mediation has long been an available option for divorcing couples, there are still many misconceptions about it. Here are several facts about mediation you might not know about.

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 Posted on June 07, 2021 in Child Custody

Every couple going through a divorce with children must make child custody arrangements for their children before they can complete the process. Your parenting plan must contain information about how you and your spouse will split parenting time and share decision-making responsibilities. Parenting time is often a tough issue for parents during a divorce. Many parents do not want to give up spending time with their children. One of the ways parents can spend a bit more time with their children is by crafting a well-thought-out “right of first refusal” clause in the parenting agreement.

Understanding the Right of First Refusal

There are fifteen different elements that must be addressed in the parenting plan per Illinois law. One of the provisions you must include is a description of how and when parents may invoke the right of first refusal. The right of first refusal gives a parent the opportunity to care for their child before the other parent takes the child to an alternative care provider. For example, if a mother cannot watch the child on her assigned day, she must contact the father to see if he can watch the child before calling a babysitter. The right of first refusal is a right that both, one, or neither parent may have, depending on what would be in the child’s best interests.

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 Posted on May 11, 2021 in Divorce

Much of what people know about the divorce process stems from movies, TV shows, and what they have seen in the media. While this can provide a general idea about divorce, these on-screen divorces are usually much more dramatic than is necessary. In many cases, there is some sort of disagreement or tension between the couple, but this is not always the case. Some couples agree on getting a divorce long before they ever begin to seek legal help. Contested divorces can be stressful for everyone, especially when they drag on for months or years. Couples who agree on all issues may have the option to file a joint simplified divorce in Illinois, which could help make the divorce process a little easier.

Determining Eligibility

While a joint simplified dissolution of marriage can be much more favorable to some couples, not all couples will qualify for this type of divorce. Before a couple can file a joint simplified dissolution, they must ensure that they meet all requirements for this process. A couple can only use the simplified dissolution procedure if:

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 Posted on April 29, 2021 in Divorce Decree Modification

After a long and stressful divorce, finally receiving that piece of paper with the judge’s declaration that you are no longer married can be a sigh of relief. However, if you have children, you will never truly be able to be completely free from your ex-spouse. Even after you have settled everything, come up with your parenting plan, and received your divorce decree, you may still have to work out certain issues with your spouse in the future. For example, there are restrictions on where and how far a parent can move with their child without notifying the other parent and the court of the move. If you notify your child’s other parent of an impending move, and they object to your planned relocation, you will then have to take extra steps to ensure you comply with state laws.

Notify the Other Parent and Try to Work Out an Agreement

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 Posted on April 22, 2021 in Spousal Support

One of the many considerations that commonly arise during divorce is the issue of spousal support, which is also known as alimony or spousal maintenance. In years past, spousal support was more common than it is now, simply because our culture and society were different. In many cases, it was not uncommon for women, in particular, to stay home to raise children and take care of the household while the man worked outside of the home to financially support the family.

While this may have worked during the marriage, it tended to create financial dependence, causing issues if the couple ended up getting divorced. Rather than leaving the woman to fend for herself, spousal maintenance was created, requiring the working spouse to contribute a portion of his or her income to help support their former spouse until they can get back on their feet. In today’s world, spousal support is less common than it used to be, but it is still an issue that can arise, and it can lead to contentious disputes between divorcing spouses.

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 Posted on April 19, 2021 in Collaborative Law

When exploring your options for splitting up with your spouse, the idea of a traditional litigated divorce can be daunting to some people. In truth, there are actually very few divorces that make it to an actual trial. Most divorces in today’s world have some degree of cooperation throughout the process. When a couple cannot agree, however, litigation can be one of your only options -- aside from collaborative divorce. Both types of divorces can offer different benefits to different families, which is why you should discuss your situation with an Illinois divorce attorney before making any decisions.

Defining Collaborative Divorce

Many people have never heard of a collaborative divorce, or they may have heard about it, but do not actually know what it is. A collaborative divorce is an alternative to traditional divorce litigation that allows a couple to complete their divorce without having to go to court. In many cases, collaborative divorces are used during contested divorce cases that would otherwise result in a legal battle. Instead of spending multiple sessions in a courtroom just to have a judge decide your fate, a collaborative divorce takes place during meetings between you, your spouse, and both of your attorneys. Collaborative divorces may also involve various professionals from different fields who can provide guidance and advice on specific issues throughout the process.

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