Posted on February 27, 2019 in Divorce

A divorce is considered to be one of the most stressful life events a person can endure. Having a marriage end can be emotionally devastating. In addition to dealing with the break up itself, many divorcing spouses must also work out issues of spousal maintenance, property division, and child custody. If you are considering getting a divorce or you have already filed for divorce, you should know that there is light at the end of the tunnel. There is no perfect way to cope with the turmoil of divorce, but experts do have some suggestions to help lessen the emotional and psychological pain caused by the end of a marriage.

Resist the Urge to Retaliate

One mistake that many people make during divorce is attempting to retaliate against or “get even” with their soon-to-be-ex spouse. Understandably, many people have intense feelings of resentment or anger towards their spouse during a divorce. This is only made worse when the marriage ended due to infidelity or another breach of trust. However, seeking revenge during divorce never ends well. Trying to get back at your ex during the divorce process may even affect the outcome of child custody or property decisions.

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 Posted on February 21, 2019 in Paternity

Child custody and parentage issues can become more complicated when parents are unmarried. Illinois law assumes that the husband of a woman who gives birth is the father of that child. However, an unwed father is not presumed to be the child's biological parent. Fathers who want to become their child’s legal parent must establish parentage. After parentage is established, the father enjoys parental rights and gains certain legal duties to the child.

Benefits of Establishing Parentage

There once was a time when unwed parents were ostracized. Now, about 40 percent of children are born to unmarried mothers according the Centers for Disease Control and Prevention (CDC). When unmarried parents have a child, a legal relationship between the child and his or her father must be established before a court will order child support. Establishing paternity not only makes the parental relationship official, but also provides the child with emotional and financial support from their noncustodial parent including:

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 Posted on February 13, 2019 in Divorce

The Centers for Disease Control and Prevention (CDC) estimate that one in four women and one in seven men will be victims of domestic violence in their lifetime. Domestic violence can include actual or threats of physical violence, forced sexual contact, psychological abuse, stalking, and financial abuse. The state of Illinois as well as the federal government have enacted laws to hold abusive partners accountable and protect domestic abuse victims. Many of these laws address how domestic violence affects court decisions during divorce.

Filing for Divorce

Illinois is a “no fault” state when it comes to divorce law. This means that divorcing couples do not need to prove that the other spouse did something wrong in order to be granted a divorce. Couples who wish to file for a divorce in Illinois will list “irreconcilable differences” as the reason for the divorce. Even though domestic violence cannot be the grounds for a divorce, you can still introduce evidence of your spouse’s abusive behavior during the case.

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 Posted on February 07, 2019 in Divorce

Going through any break-up is difficult, but the legal and financial implications surrounding divorce make the break-up of a marriage one of the most challenging life events a person will endure. If you plan to get divorced or are considering it, you probably have many concerns – financial and otherwise. Read on to learn about some of the most common money mistakes people make when getting divorced and how to avoid them.

Remaining Ignorant of Your Financial Situation

In many marriages, one person handles the finances and the other simply trusts him or her to do so accurately and adequately. This may work fine during the marriage, but it leaves one spouse at a significant disadvantage during divorce. If you have not been involved in your family’s financial affairs and plan to divorce, it is highly recommended that you get up to speed as soon as possible. Make copies of essential financial records including checking and savings account statements, retirement and brokerage account statements, tax returns, and credit card bills.

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 Posted on January 31, 2019 in Mediation and Collaborative Law

Mediation is one method of divorce negotiation which can save a tremendous amount of time and expense as compared to divorce litigation. When a couple chooses to end their marriage, there are often unresolved issues of property, child custody, or spousal support/maintenance. Divorcing individuals who cannot come to an agreement about these issues may require court intervention. This can be an expensive and time-consuming process.

One alternative to litigation is divorce mediation. During the mediation process, a divorcing couple meets with a mediator who acts as a neutral third party facilitator. The purpose of the mediator is not to make decisions for the couple but, instead, to help the couple discuss issues civilly and productively. If you are considering ending your marriage in Illinois, read on to learn how mediation can help you and your spouse reach a divorce settlement that is fair and reasonable for everyone involved.

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 Posted on January 22, 2019 in Prenuptial Agreements

If you and your significant other are considering tying the knot, you may have thought about signing a prenuptial agreement, or “prenup.” A prenup is a legal contract that lists each party’s property and debts and identifies what each party's property rights will be if the marriage ends. Prenuptial agreements, also called premarital agreements, have unfortunately gotten a bad reputation due to television and outrageous celebrity weddings. Prenuptial agreements can offer a wide range of protections for spouses and can help a couple better prepare for a happy and successful marriage.

Myth 1: Signing a Prenuptial Agreement Means You Plan to Divorce

Perhaps the biggest reason many couples do not consider signing a prenuptial agreement before getting married is because the document is so closely associated with divorce. While it is true that a prenuptial agreement can be extremely beneficial in the event of divorce, signing a prenuptial agreement in no way means that a couple plans to divorce. Just as buying car insurance does not mean a person plans to get in a wreck, drafting a prenuptial agreement does not mean a couple plans to split up.

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 Posted on January 16, 2019 in Family Law

If you are a parent, you should always want what is best for your child, even it means making certain sacrifices. The law also provides you with particular rights and responsibilities in regard to your child. In the wake of a divorce, exercising your parental rights may be especially difficult if the other parent is given the majority of the parenting time and most of the authority for decision-making. When your ex-spouse gets remarried, the challenges may become even greater, particularly if his or her new spouse expresses the desire to legally adopt your child.

A Stepparent Adoption Usually Requires Your Approval

In most situations, your ex’s new husband or wife cannot adopt your child unless you voluntarily consent to the adoption. If you agree to the adoption, you also agree have your parental rights and responsibilities regarding your child terminated. According to Illinois law, a person may have only two legal parents. As such, an adoption by a stepparent is more than a formality; it creates a legal parent-child relationship between the stepparent and your child, giving the stepparent all of the authority and responsibilities that were once yours.

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 Posted on January 07, 2019 in Child Support

When a couple with children either is not married when they have the child or later gets divorced, the parent with less parental responsibility is often required to pay child support. The purpose of child support payments are to help the custodial parent, the one with a greater share of parenting time and responsibility, cover the costs associated with raising the child. The ultimate goal of support payments is to help the child enjoy the same quality of life as he or she would have enjoyed if his or her parents were together. But, what happens when a parent does not pay his or her court-order child support?

Deadbeat Parents and Child Support Nonpayment

Depending on the circumstances, nonpayment of child support can be a serious violation of a court order. Parents who simply choose not to pay their court-ordered support can be held in contempt of the court. These so-called “deadbeat” parents are regarded differently under the law than those parents who make an attempt to comply with the law but cannot afford their support payments. This is why it is imperative that parents who cannot afford their child support payments notify the court of this problem immediately.

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 Posted on December 26, 2018 in Child Support

Incarceration can change many aspects of an individual’s life and the lives of those who depend on them, especially in regard to finances. Unless a person or business agrees otherwise, monthly financial obligations remain valid, and that includes child support payments.

Once a judge orders support payments for children or spousal maintenance, it is legally enforceable and does not stop if an individual goes to jail, and the amount owed continues to accumulate. Here we will discuss the effect of incarceration on all parties and how to overcome this obstacle.

Parents Paying Child Support

Court-ordered child support payments are intended to benefit the livelihood of a child or children. Their needs do not stop if one parent is incarcerated, and therefore, the payments do not stop. They are expected to arrive in the same manner as before the detainment unless the court determines otherwise.

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 Posted on December 21, 2018 in Divorce

While some couples agree their marriage should end and amicably go their separate ways, not every spouse agrees their relationship is over when confronted with a divorce filing. For some, the idea of divorce is against their religious or moral beliefs. Others are struck completely unaware or oblivious that anything was wrong, and the divorce papers take them completely by surprise. For people in that category, many are unwilling to end the marriage without a fight.

If divorce papers arrive, do you have to sign them? What happens if you refuse?

Refusing Divorce Papers

While you can refuse to sign your divorce papers, it will not keep the divorce from occurring. It will, however, successfully lengthen the divorce process, and likely make it more expensive and emotional. Choosing to dig in your heels and refuse to sign generally increases animosity between the parties and it makes little to no difference in the outcome. In Illinois, two people are required to enter the marriage, but only one is needed to end it.

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