Posted on September 15, 2016 in Divorce

Did you know that in some cases, people can choose the state in which they would like to file for divorce? Most people file for divorce in the state they reside in, but there are a few factors that may allow a divorcing couple to choose which state when there is more than one option. Why does it matter what state? States have differing divorce laws, so there may be advantages and disadvantages to filing in one state over another. Procedural rules also vary from state to state, and even the fee to file for divorce is different depending on the state, so it is important to consider your options if you do have the ability to choose one state over another.

Who Can Choose Where to File?

As stated above, most couples end up filing for divorce in the state they reside in. If, however, a couple owns property in another state, or if the couple already lives apart in separate states, they may be eligible to choose which state in which they would like to file. Couples curious about their filing options should meet with a qualified divorce attorney who can advise them on each state’s laws and the pros and cons of selecting one state over another. Keep in mind that because each state’s divorce laws vary, some states do restrict where you can file for divorce. For example, some states have restrictions on couples even if they have multiple homes in different states. On the other hand, some states require that any decision made about property must be decided in a court in the state where the property is located. Other states require that child custody be determined by the laws of the state where the children reside. The rules and requirements vary so greatly from state to state that it is always best to first consult an attorney.

Continue Reading ››

 Posted on September 13, 2016 in Divorce

Social media is great, but sites like Facebook and Instagram do have their downsides. Social media impacts marriages and divorce in a number of ways. In fact, according to a 2010 survey from the American Academy of Matrimonial Lawyers, over 80 percent of divorce lawyers reported seeing an increase of social media sources being present in divorce cases. How exactly does social media impact marriages? Here are just a few ways social media can harm your marriage and potentially lead to divorce.

Hidden Conversations

It is important to be honest and open with your spouse about your social networking activities. Having an active Facebook page, for example, is totally normal. Having secret conversations with a past romantic partner on Facebook, however, crosses a line that may impact your marriage. Even if nothing is going on, the secrecy can damage your relationship. Great marriages are built on trust, so it is important that any social media activity does not damage the trust in your relationship.

Continue Reading ››

 Posted on September 08, 2016 in Child Custody

Do grandparents have a legal right to visitation of their grandchildren in Illinois? Grandparents' rights vary from state to state. Some states do automatically give grandparents and other close relatives visitation rights. Others, including Illinois, consider grandchild visitation a privilege rather than a right. So what does this mean? Prior to 2005, grandparents had no legal option in Illinois to pursue visitation rights. Fortunately, Illinois lawmakers recognized that grandparents do play a significant role in my children’s lives, and changes to the law were made. Now, grandparents who are being denied visitation time can petition an Illinois court to grant them visitation rights.

Obtaining Visitation Rights

Due to the fact that grandparent visitation is considered a privilege in Illinois, grandparents being denied visitation by the child’s parents must petition a court where their grandchild resides to grant visitation rights. To do so, certain criteria must be met. The grandparents need to prove that the child is harmed in some way - physically, mentally, or emotionally - by being denied access to their grandparents. Interested grandparents must be able to prove that they have been denied visitation to an unreasonable extreme by one of the child’s parents

Continue Reading ››

 Posted on September 06, 2016 in Mediation and Collaborative Law

Many divorcing couples choose mediation over a typical litigated divorce. It is a beneficial alternative for many reasons - mediation allows both parties more control over their divorce, it protects couples’ privacy, and it can be a faster and more cost-effective divorce method when compared to litigated divorce. Mediation, while growing in popularity, is often misunderstood. Many couples shy away from choosing mediation because of the many myths and misconceptions surrounding the process. Mediation is truly a worthwhile option to consider despite the misunderstandings of how it works.

My Spouse and I Fight Too Much for Mediation to Work

Each divorce is unique, and mediation is certainly not an option for everybody. Cases involving domestic abuse, or hidden assets, for example, are not ideal for mediation. That said, most divorces can be handled completely by mediation. Many couples believe that they fight too much to pursue mediation, but this simply is not true. A mediator’s job is to keep both parties productive and on topic. Divorce mediators have experience working with conflicted parties, and they know how to get results. There is no risk in trying mediation either. If arguing keeps the two parties from discussing their divorce, they can always pursue a more traditional route.

Continue Reading ››

 Posted on August 30, 2016 in Child Custody

Child custody, now known as allocation of parental responsibilities under Illinois law, is an important topic that comes up for a variety of different reasons. We most often think of child custody during divorces, but child custody issues can also come up between unmarried parents who are arguing about parenting their children, or if two unmarried parents agree on parenting and wish to put their parental rights and obligations into writing. In the conflicted cases, however, if the case reaches a court, the court must rule on child custody issues like parenting time schedules and which parent gets what decision-making authority. Courts look at the child’s best interest when making a decision. Clients involved in child custody situations often ask if there are any factors that could hurt the chances of a court ruling in their favor. While no one can guarantee how a case will be decided, there are a few common factors that weaken one parent’s case.

Continue Reading ››

 Posted on August 25, 2016 in Divorce

Many parents fear the effects their divorce will have on their children. Breaking up a family is a difficult decision and one that certainly should not be taken lightly. That said, if you are considering divorce, it is important to know that your children will get through your divorce. In fact, in many situations, divorce is the best option for the kids. Studies show that children are more affected by parental conflict than they are by divorce. There are, however, some things that divorcing parents should avoid doing to ensure they do not hurt their children during and after the divorce process. Divorce is often challenging, and it can be difficult to remember to put our children above ourselves. Remember that despite any pain and emotional hardship you are facing, you still have the chance to maintain a loving and healthy relationship with your children. If you are divorcing or already separated with kids, be sure to avoid these common divorced parenting mistakes:

Continue Reading ››

 Posted on August 23, 2016 in Division of Assets

Divorce can be full of tough decisions. One divorce decision that often challenges our clients is deciding whether or not to keep their marital home. Holding on to the house after divorce has its advantages and disadvantages. Many divorcing parents like being able to keep their children in the same school district. Similarly, most people have emotional attachments to their homes and neighborhoods, and change can be difficult. Keeping a marital home post-divorce can be dangerous, however, as many divorcees do not anticipate the financial implications of keeping the home with only one income.

First, it is best to consult with a qualified attorney before making any major decision on whether or not to keep your home. They have experience in this matter, and can review your specific case and give you their recommendation on whether keeping the home is feasible or not. If you are currently in the process of deciding whether or not to keep your home after divorce, consider these tips:

Continue Reading ››

 Posted on August 18, 2016 in Child Custody

Most parents rejoice as the summer winds down and their children prepare for another school year. Routines can be re-established, homework and after school sports will keep the kids busy, and parents can enjoy some much needed relaxation time. For many co-parents and those in blended families, however, the transition to back to school for their kids can be a time of challenge and stress. Co-parenting is a wonderful way for divorced parents to both remain present and active in their children’s lives, but back-to-school time opens up a door for a lot of potential conflict and stressful communication. Who gets to take the kids to their first day of school? Who will attend their parent-teacher conferences? To what extent are stepparents and other family members involved? To avoid conflict while preparing your children for another school year, and to keep communication between you and your ex as smooth as possible, follow these helpful tips for co-parents:

Continue Reading ››

 Posted on August 16, 2016 in Child Custody

When parents divorce, they separate with a court-approved parenting plan that will guide them on how to co-parent in the future. Some couples are able to draft a plan themselves to which both parties agree during the divorce process, and it is simply approved by the court. In other situations with more conflict, a court may order a parenting plan and require it be followed by both parties. These plans cover a range of topics pertaining to the parent’s children including parenting time, holiday arrangements, the financial responsibilities of each parent, the parenting responsibilities of each parent, and how both parents will communicate with each other about issues relevant to parenting.

The goal of each parenting plan is to review a couple’s unique divorce situation and lay out the best possible future for the children involved while keeping the children’s best interests in mind. Moving forward with a well-crafted parenting plan is vital to successful co-parenting, but issues do arise. What happens in situations where one parent violates the terms of their parenting plan? Divorce attorneys say issues with parenting plans come up frequently, sometimes years after a divorce has been finalized, and there are fortunately many remedies.

Continue Reading ››

 Posted on August 11, 2016 in Divorce

Life is too short to spend it stuck in an unhealthy, unhappy marriage. Unfortunately, divorce is a difficult decision to come to, and people all too often get stuck focusing on the negatives of divorce rather than the future positives. Yes, divorce can seem risky. Yes, leaving a relationship is a major, difficult decision to make. If you are in an unsalvageable, unhealthy marriage, however, divorce may be a necessary step towards more freedom and happiness in your life. Rather than focusing on the negative aspects of divorce, consider the many positives.

Be Yourself

Have you been suppressed in your marriage? Are you unable to pursue your interests? When was the last time you did something for yourself? While marriage may provide security, divorce will allow you the freedom to get to know yourself better. What do you want out of life? What are your goals? After your divorce, you will have time to focus on you, and also the chance to find a partner that supports whoever you want to be. People often worry about getting lonely after divorce. Do not fool yourself into thinking an unhealthy relationship is better than being alone. While adjusting to being single will take time, you will find yourself enjoying moments of solitude.

Continue Reading ››