Posted on January 11, 2021 in Family Law

Although many people who enter into marriage believe it will last their lifetime, that is not always the case. A couple may choose to get divorced for many reasons, such as infidelity, financial problems, mental illness, or simply because they grew apart. In some cases, they may have gotten married very young and as they matured, realized that they did not have anything in common or their interests or goals were not aligned. Some older couples may come to this realization after they raised their children and are empty nesters. Regardless of when you end your marriage or your age, you can find love again. In these situations, you may want to make your relationship legal by getting remarried. Even though you have been through it before, a remarriage can present its own set of challenges, especially if you have children. Talking with an experienced Illinois family law attorney can help make sure your rights are protected this second time around.

Continue Reading ››

 Posted on December 24, 2020 in Divorce

When going through a divorce, a couple may think once they sign the final paperwork, everything is set in stone. However, that may not necessarily be the case. Situations and circumstances can change down the road, which can mean an existing divorce order is not appropriate anymore. In Illinois, the usual type of orders are outlined in a parenting plan, and they cover issues such as spousal maintenance, allocation of parental responsibilities (child custody), child support, and parenting time (visitation). The COVID-19 pandemic has affected many people, with some experiencing reduced work hours or a job loss. These circumstances may warrant a change to an existing divorce order.

A Substantial Change in Circumstances

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››