Posted on December 24, 2019 in Domestic Violence

Many people are under the misconception that domestic violence only involves physical violence like hitting and kicking. Emotional abuse can be much harder to recognize that physical violence, but it can be just as damaging to a person’s well-being. One of the most insidious parts of emotional or mental abuse is that the abuser often convinces the victim that he or she somehow deserves the terrible treatment. Many victims of emotional abuse are afraid to report the abuse or leave an abusive spouse. If you have been a victim of any form of domestic violence, speaking to a domestic violence attorney and requesting an order of protection may help.

Examples of Emotional Abuse

Abusive individuals may use a variety of tactics to control and dominate their victim. They may use derogatory, insulting, and manipulative language to break down the victim’s self-esteem. They may withhold affection, communication, and support. If your spouse, romantic partner, or family member controls who you talk to, discourages you from spending time with loved ones, and disrespects your boundaries, you may be a victim of emotional abuse.

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 Posted on December 18, 2019 in Division of Assets

When a married couple divorces, they will need to decide how all of their marital assets are divided. If spouses cannot reach an agreement about property distribution, the court will decide a property division arrangement on the couple’s behalf. One question many divorcing individuals have is, “How are pets managed during divorce?” Although you probably think of your dog, cat, horse, bird, fish, or reptile as more of a family member than a piece of property, the law generally treats pets as property. However, Illinois made changes to the way “pet custody” is handled during divorce in 2018. Read on to learn about this relatively new law and how it may affect your divorce case.

Pet Ownership Laws in Illinois

Pets are still effectively considered property for the purposes of divorce in Illinois. If a pet is considered a non-marital asset, it will be assigned to the original owner. If the pet is considered a marital asset, a determination will need to be made regarding who will own the pet after the divorce. Although pets are not treated exactly the same as children in a divorce, the new law does make a distinction between pets and other property like bank accounts and furniture. Section 503 of the Illinois Marriage and Dissolution of Marriage Act states that if the pet is considered to be part of the marital estate, the court “shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties…the court shall take into consideration the well-being of the companion animal.”

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 Posted on December 10, 2019 in Family Law

You have probably heard of a prenuptial agreement before. Although they are often misunderstood, prenuptial agreements can be a valuable tool for spouses who take their property and financial rights seriously. Prenuptial agreements protect both spouses’ property rights in the event of a divorce and also provide an effective way for engaged couples to ensure that they are on the same page regarding property and finances before getting married. When a couple decides to address property and debt after they have already gotten married, they may choose to draft a postnuptial agreement.

Issues That Can Be Addressed by a Postnuptial Agreement

Postnuptial agreements are generally used to establish arrangements for how a married couple’s assets and debts should be handled if the marriage ends in divorce. In a postnuptial agreement, a spouse may specify that a certain asset is exempt from asset division during divorce so that they will not risk losing the property.

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 Posted on December 03, 2019 in Domestic Violence

When you think of the words “abuse” or “domestic violence,” you may picture a man or woman with bruises and scars. However, abuse can involve much more than physical violence. One of the most insidious forms of abuse is financial abuse. Sadly, many marriages throughout the United States involve some version of economic abuse. If you have been a victim of financial abuse, you should know that there is hope. Divorcing a spouse who uses money to control and manipulate you can be difficult, but it is possible.

Warning Signs of Economic Abuse

Economic abuse typically involves restricting a victim’s access to financial resources. Abusers may control their victims’ access to money and refuse to let them have any financial independence as a means of gaining power over them. Research shows that most victims of financial abuse are women, but men can also be victims of financial abuse.

Some common warning signs that could indicate that you are in a financially-abusive relationship include:

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 Posted on November 29, 2019 in Divorce

If you are considering a divorce, there are probably countless questions going through your head. Ending a marriage will create a degree of uncertainty in almost every situation. You may be unsure of how you will get by on your own, how co-parenting will work, and whether you will ever be ready to give love another chance. In addition, you are also likely to have concerns about the process itself. Unfortunately, one of the most common questions is one that is among the most difficult to answer definitively. How long will it take to complete a divorce? It is almost impossible to say for sure.

Contributing Factors

The speed and efficiency of the divorce process depend on a wide range of variables. Some will be related to your specific situation, while others will be beyond your control. For example, the current caseload in the county where you file your divorce petition can impact your case by several weeks or more, but you and your spouse can do little, if anything, about the court’s schedule.

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 Posted on November 22, 2019 in Divorce

As you approach the divorce process, you and your soon-to-be ex-spouse may already have most of the details covered. It is not uncommon for a couple to “pre-negotiate,” if you will, regarding the various necessary considerations before the petition for divorce is even filed. For the vast majority of cases, this is very welcome, and a much lower-stress alternative to a long, drawn-out courtroom battle, the impact of which may be felt by both parties for years into the future. For some couples, however, their negotiated agreement might not meet the court’s standards and could be rejected on the grounds of being unconscionable. It is important to understand just what that means so you can be prepared to avoid such a response from the court.

Negotiate with an Understanding of the Law

While you certainly do not need to be an attorney to reach a reasonable agreement with your spouse, it does help to have a basic grasp of what the Illinois divorce laws require. This is especially applicable to concerns for property division, and spousal maintenance. A negotiated agreement does not necessarily need to adhere to each and every provision in the related laws, but understanding what the law considers to be just and equitable is a good place to start. From there, you and your soon-to-be ex can create virtually any type of settlement you wish, as long as it is reasonably fair to both parties and your children.

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 Posted on November 15, 2019 in Divorce

It is estimated that about one out of five U.S. parents are stay-at-home-parents who do not work outside of the home. The majority of stay-at-home parents are mothers, but data shows that many fathers are choosing to stay home with their children as well. If you are a stay-at-home parent who is considering getting divorced, you probably have many concerns. You may worry, “How will I financially support myself without my spouse’s income? Will I still be able to stay home with my children?” Stay-at-home-parents who divorce face a different set of circumstances than parents who have had a career outside of the home, so it is important to know your options.

Property is Divided According to Equitable Distribution in Illinois

In some states, marital property is split exactly in half during divorce. Illinois, however, uses a method of property division called equitable distribution. Marital estates in Illinois are divided equitably, or fairly, but not necessarily equally. Factors considered by Illinois courts during property division disputes include:

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 Posted on November 08, 2019 in Child Custody

When it becomes evident that you are headed for divorce, it is important to start planning for the process. You will need to have a good understanding of your current financial situation and what constitutes your ideal post-divorce scenario. Depending upon the circumstances of your relationship with your spouse, you may be able to begin negotiating the terms of your divorce agreement. At first, of course, such discussions would need to be relatively informal, but you and your spouse can at least start talking about the future. The conversation is even more important if you have a child or children together, so that you can both better understand the role you are to play in your child’s upbringing.

Determine a Primary Residence

Among your first child-related concerns should be which parent will assume responsibility for a majority of the parenting time. This is an important consideration in determining where the child will attend school. The parent who does not have the majority of the parenting time will most likely be responsible for paying child support. Just because one of you has less parenting time than the other is not considered to be a reflection on your parental rights; rather it is more of a logistical determination.

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 Posted on October 29, 2019 in Family Law

According to recent studies, nearly 40 percent of all marriages are remarriages for at least one of the partners. While, to many, numbers such as these represent a renewed hope in the institution of marriages—which may be an accurate perspective—these estimates also indicate that more and more individuals are bringing more with them into marriage. Children from previous relationships are an increasing part of marriages, and especially affect those marrying for the second or third time. Of course, there is not a “perfect” way to approach a stepchild situation, as the dynamics of each family will depend upon countless factors. However, for some stepparents, legally adopting their stepchildren may provide a level of needed security and legal parental responsibility.

Related Adoptions

Foster care adoptions, along with domestic and international infant adoptions are certainly important for the well-being of children in need, but represent just part of the adoption story in the United States. The Child Welfare Information Gateway, a division of the U.S. Department of Health and Human Services, reports that adopting a stepchild is the most common form of adoption in the country today. Stepparent adoption is a type of related adoption in which a family member of the child looks to become the child’s legal parent. Compared to other forms, related adoptions are generally much simpler and no agency involvement in most cases.

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 Posted on October 22, 2019 in Divorce

If you have reached the point in your marriage where you believe that your relationship is beyond saving, you have most likely given a great deal of thought to filing for divorce. In fact, a divorce might be your best option. However, you might be hesitant to file your divorce petition while you and your spouse are still sharing a home. As you probably realize, many couples will go through a “trial separation” before filing for divorce, but is a separation actually necessary? According to the law in Illinois, the answer is “not usually.”

Legal Separation vs. Living Separate and Apart

It is important to understand that very few couples pursue legal separation in Illinois. A legal separation is similar, in many aspects, to a divorce, with the primary difference being that the couple is still legally married. While seeking a legal separation, issues such as spousal maintenance and parental responsibilities must be addressed, and the couple could opt to divide their property as well. (The court will make property division decisions for a legal separation.) Once an order for legal separation has been entered, it can only be vacated by a petition by the spouses or by a subsequent judgment of divorce.

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