Posted on December 15, 2020 in Spousal Support

Although all divorces may have some things in common, each case is unique depending on the couple. Some spouses mutually agree to legally end their marriage while in other cases, one partner is blindsided by the breakup. Typically, there are several issues that must be addressed before the divorce is considered final. According to Illinois law, marital property is subject to equitable distribution, which means possessions are divided fairly but not exactly 50/50. This also includes any outstanding debt the couple may have acquired throughout their marriage. Another aspect that is considered is whether one spouse is entitled to spousal maintenance or support, which is also known as alimony. Financial support of this nature allows one party to maintain a certain standard of living after the divorce until he or she can secure employment and become financially independent.

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 Posted on December 08, 2020 in Divorce

Although many people find love in their lifetimes, not all couples live happily ever after. The most recent census data and statistics show that approximately 40 percent of all U.S. marriages end in divorce. Whether you were married for a few months or a few decades, you may still have the same issues to determine. One of the most important aspects of any divorce is determining who gets what once the papers are signed. In some cases, spouses may agree to divide their assets on their own. In other scenarios, a couple cannot reach a mutual decision and therefore the court gets involved, with a judge making a determination based on the equitable distribution method, which means marital property is split fairly but not necessarily in half. Once the divorce decree or settlement is finalized and you and your spouse part ways, it may be necessary to update important financial and healthcare documents.

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 Posted on November 30, 2020 in Children of Divorce

Although most people enter into marriage thinking it will last “til death do us part,” not all unions make it that far. Whether a couple has simply grown apart or infidelity played a role, spouses may choose to legally end their marriage. In Illinois, the only reason for divorce is “irreconcilable differences,” which basically means the relationship has suffered an irretrievable breakdown and there is no hope for reconciliation. If a couple has children together, there are many issues that will need to be resolved before the divorce is final, including the allocation of parental responsibilities (child custody) and parenting time (visitation). Co-parenting can pose its challenges even when ex-spouses get along well, but it can become downright combative if you and your ex harbor bitterness or anger toward each other. These feelings often end up being manifested through the children in what is called parental alienation syndrome.

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 Posted on November 13, 2020 in Divorce

Figuring out how to co-parent after your Illinois divorce can be challenging to say the least, especially during a pandemic. Our way of life has changed dramatically since last March when many states issued stay-at-home orders to stop the spread of the highly contagious coronavirus. Non-essential businesses were closed, and students have been e-learning from their homes. Although employees in certain industries may also be able to work from home now, our new normal presents different challenges. For example, parents of younger children might have a hard time monitoring their online activities if they have to participate in teleconferences or Zoom video calls during the day for their jobs. With the upcoming holidays, kids will be on extended breaks from school, so that means divorced parents will likely have to figure out new co-parenting arrangements.

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 Posted on November 06, 2020 in Divorce

Unfortunately, not all couples live happily ever after. The latest statistics show that approximately 40-50 percent of all U.S. marriages end in divorce. During these challenging times of COVID-19, many people have been spending more time than usual at home. This can be a blessing and a curse depending on the situation. For some families, quality time together has strengthened their relationships. For others, though, it may have exposed underlying problems within their unions. Regardless of the reasons that two people choose to dissolve their marriage, there are certain steps that must be completed before they can walk away. There are many things that may cause delays in finalizing your divorce, so it is important to be patient. An experienced divorce attorney can help you navigate this complex process.

Child-Related Factors

A divorce that involves children is inherently more complicated than one without kids simply because there are fewer issues to resolve. When a couple has children together, decisions must be made regarding what is in the children's best interests and what meets their basic needs. In Illinois, child support is calculated using the Income Shares model based on both parents' net incomes. However, child custody and visitation may be worked out between parents if they can agree on an arrangement. However, coming up with a mutually agreeable schedule can be difficult since both parents often want as much time with their children as possible. Figuring out who gets the kids on what holidays and during the summer or school breaks can be challenging.

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 Posted on October 30, 2020 in Divorce

Making the decision to file for divorce can be very painful and full of emotions. There are a multitude of reasons why a couple may ultimately split, including infidelity, financial problems, domestic violence, or simply growing apart. One factor that can lead a spouse to seek the dissolution of his or her marriage is if the other spouse has an addiction or substance abuse problem. This can include an addiction to alcohol, drugs, gambling, or even shopping. Behavior of this kind is often caused by a mental illness such as obsessive-compulsive disorder (OCD), depression, bipolar disorder, and more. It can be especially difficult for the addict to accept the fact that his or her marriage is over, which can cause a lot of conflict during the divorce process. If you are considering legally ending your marriage, it is important to seek professional legal counsel if your spouse becomes combative in any way.

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 Posted on October 26, 2020 in Divorce

Divorces can be difficult, even under the best of circumstances, such as when both spouses come to the mutual decision to part ways. Dividing up property and assets may have its challenges, and in some cases, subpoenas might be necessary during the discovery phase of your divorce. This part of the process involves full financial disclosure by each spouse of all marital and non-marital assets and the income you both earn. If you believe your spouse is not being completely honest, an attorney can use various methods to uncover the truth. According to Illinois law, attorneys are allowed to issue subpoenas, which are basically formal requests from attorneys. The recipients of these legal documents must comply with them by law. The term subpoena means “under penalty.” Subpoenas can play crucial roles in ensuring both spouses receive their fair share of the marital estate.

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 Posted on October 23, 2020 in Divorce

The divorce rate among those over 50 has skyrocketed in the past several years compared to decades ago. This is partly due to the fact that people are living longer in general, and they want to enjoy the time they have left instead of being in a toxic or loveless relationship. In addition, many couples who are unhappy may put off filing for divorce until their kids are grown. They think their children may be better equipped to handle the news later in life. However, this is not always realistic. Although younger kids may have a more difficult time understanding the reasons why mom and dad are splitting up, older children may suffer just as much emotional trauma. Questioning everything they thought to be true, older kids may have trouble accepting their parents' divorce.

Honesty Is the Best Policy

Telling your children that you and your spouse are getting a divorce is not going to be easy, even if you both came to the decision mutually after careful consideration. If you went to marriage counseling over the years, your kids may still be shocked at the news. Although they may have suspected you had problems, deep down they had hoped for a reconciliation and a long future together.

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 Posted on October 13, 2020 in Divorce

During the past year, the COVID-19 pandemic has changed the way we live. While many businesses shuttered temporarily to stop the spread of the highly contagious virus, other companies have allowed their employees to work remotely from home. Likewise, many school districts have switched to online learning, so more people are home now than they would be normally. Some divorced parents are finding their income significantly reduced if their position was eliminated completely and they had to file for unemployment. With such a disruption to everyone's regular routines, you may be wondering if you can modify your existing divorce orders, including child support, parenting time, and child custody. Under Illinois law, you can amend these types of orders depending on the circumstances.

Child-Related Issues

Continuing to find ways to support your children after you get divorced can be very challenging, especially if you and your ex-spouse do not see eye to eye on certain matters. Illinois law requires divorcing parents to come to an agreement on the allocation of parental responsibilities (child custody) and parenting time (visitation). This parenting plan also includes who will have the authority to make decisions about the children's educational opportunities and extracurricular activities such as sports, music, or theater. If the parents cannot reach an agreement, a judge will make decisions based on several factors, including the financial status of the spouses and the well-being of the children.

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 Posted on September 24, 2020 in Divorce

In today's world, there is no such thing as a “typical” divorce. There are many ways a couple can end their marriage, and the outcomes will vary depending on the needs of each family. Some families are still traditional in the sense that the mother is the primary caregiver and is the one who spends the most time with the children. In other families, fathers are much more involved in the daily responsibilities of raising their children, which can cause tension and stress when it comes to making child-centered decisions during a divorce.

Though the law states that mothers and fathers should be treated equally, fathers are sometimes still seen as “second-class” parents, and some dads feel that they are not given the same consideration as mothers when it comes to issues such as parenting time. Divorce can be difficult for everyone, but its negative effects may be especially worrisome for fathers. Here are a few tips to help dads aim for success during and after a divorce:

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