​Illinois Divorce of Absent Spouse by Publication

 Posted on September 20, 2014 in Divorce

When a couple decides to end their marriage, one or both spouses may file for divorce. However, in some cases, a marriage can end when one spouse simply walks out and leaves the other spouse wondering what went wrong and questioning his or her spouse's whereabouts. In this situation, the spouse who was left behind is placed in a difficult position. The commencement of all civil actions, including divorce, requires that the other party be served with the petition. Therefore, if one does not know where his or her spouse is, how can he or she serve the spouse with divorce papers? Although challenging, divorcing an absent spouse can be accomplished.

Palatine Divorce by Publication If you do not know your spouse's location, you can not simply file for divorce and state that you cannot find him or her. In order to get divorced in your spouse's absence, you must prove to the Court that you performed due diligence in attempting to locate him or her. Hence, you must exhaust all options in trying to uncover his or her whereabouts. Due diligence in this situation may include:

• Attempting to contact your spouse at his or her last known address;

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Illinois Divorce Asset Protection: The Use of Trusts

 Posted on September 13, 2014 in Division of Property

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Getting Remarried? Consider an Illinois Prenuptial Agreement

 Posted on September 12, 2014 in Premarital Agreement

The fact that roughly 50 percent of all first-time marriages end in divorce is common knowledge. However, you may be surprised to learn that 67 percent of second marriages (and 73 percent of third) do not make it “'til death do us part” either. There are no firm reasons why, but one aspect is clear — if you are contemplating taking a second trip down the aisle, you should have an Illinois prenuptial agreement.

Illinois Premarital Agreements

A premarital agreement, more commonly known as a prenuptial agreement (or pre-nup for short), is a voluntary agreement entered in to by both parties prior to marriage that becomes valid once the couple is married.

Some may couples balk at the idea of entering in a premarital agreement, calling the thought unromantic or setting a tone that says: “I am thinking about this marriage's end before we're even married.” In reality, premarital agreements are like insurance policies — you hope you never need them, but you are thankful they exist when you do.

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Helping Illinois Kids Cope with Divorce

 Posted on August 29, 2014 in Children of Divorce

Although divorce is never easy, most couples feel a sense of relief when the divorce is finalized and each party can move on to the next phase of his or her life. But for the thousands of Illinois children whose post-divorce life is dictated by the terms of a child custody agreement, there is no sense of relief. Divided homes, blended families and constant uprooting due to visitation agreements can leave children feeling angry, hurt, and confused. There are, however, things you can do to help ease the transition for your children.

Make sure your children know they are not at fault. Children often believe they caused the divorce. As parents, your most important job is to let them know the divorce is not their fault. If possible, both parents should sit down together with their children and break the news of the divorce to them. Answer any questions they have as honestly as possible without going into more detail than necessary.

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Creative Solutions for Equitable Division of Marital Assets in Illinois Divorce

 Posted on August 13, 2014 in Division of Property

Illinois is an equitable distribution divorce state, meaning that all assets the spouses accumulated during the marriage, or any assets brought into the marriage that become marital property due to commingling, are divided equitably in the divorce. This usually, but not always, means the marital assets are divided equally.

Equitable distribution does not necessarily mean that every asset is split down the middle. Barring special circumstances that entitles one spouse to receive more than one-half of the marital assets, each spouse will be awarded 50 percent of the total value of the marital estate and 50 percent of all marital debt. This means that the spouses can get creative in how the assets are divided.

Equitable Division of Marital Assets – A Case Study

John and Cathy have been married for 12 years. Let us assume that the marital assets are as follows:

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Dating During Divorce in Illinois

 Posted on July 31, 2014 in Divorce

A bill winding its way through the Massachusetts legislature wants to ban couples going through a divorce with children from having sex or even dating until the divorce is finalized, unless the Court grants permission. Illinois has no law prohibiting dating during the divorce proceedings but that does not mean that dating during divorce is a good idea.

Why Dating During Divorce is a Bad Idea

There are a number of emotional and practical reasons why dating before the divorce is finalized may not be a good idea.

• You may not be emotionally ready for a new relationship;
• Your children need stability more than ever; and
• A new relationship creates more instability;
• You may not have time to devote to a new relationship.

Dating before the divorce is finalized can impact the results of the divorce proceedings as well, even though it is not prohibited by Illinois law. Some of the problems associated with dating during the divorce can include the following.

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Use of Collaborative Law in Illinois Child Custody Cases

 Posted on July 25, 2014 in Collaborative Law

As discussed previously, collaborative law is a form of alternative dispute resolution that allows parties going through a divorce or child custody issue to attempt to come to a mutually agreeable solution. It sounds similar to mediation, but the two are not exactly the same.

In mediation, the parties meet outside of Court in an attempt to reach a mutually agreeable resolution of the contested issues, just as in the collaborative law process. The difference is that in mediation, pleadings, motions and other filings have been submitted to the Court, the parties have been (or are scheduled to be) deposed, and there have been Court hearings. Mediation, then, is an attempt to resolve the issues before the proceedings get any more contentious and adversarial.

In collaborative law, coming to an agreement before entering the Courthouse is the goal. When the parties use the collaborative law process, they bypass Court's initial involvement; there are no pleadings, no Court hearings; and hopefully, if the process works as planned, there is only a single hearing once an agreement has been reached for the Judge to approve the agreement and finalize the divorce. At the outset, the parties agree that they do not want the process to be contentious or adversarial.

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Marriage and Annulment in Illinois

 Posted on July 19, 2014 in Annulments

A previous post on this blog discussed the concept of legal separation and why some people may consider it a more desirable option than divorce. For some people, however, neither option is desirable; instead, they may want an annulment.

What is Annulment?

When most people think of an annulment (now legally called a Declaration of Invalidity in Illinois), they think of it in a religious context. Some churches, such as the Catholic Church, prohibit divorcees from getting remarried until their ex-spouse dies (thus severing the marriage in the eyes of the church, thanks to the vow of “'til death do us part” literally coming true) or the marriage is annulled by the church. In these instances, the marriage is deemed null and void in the eyes of the church, as though it never happened.

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Enforcement of Illinois Child Custody Orders

 Posted on July 16, 2014 in Child Custody

The divorce is finalized; child custody agreed upon, and a visitation plan set in place. Thankfully, you can move on with your life.

Or so you think, until your ex-spouse violates the visitation agreement, not once, not twice, but numerous times. Unfortunately, some parents continue to use their children long after the marriage has ended. If this is happening in your life, you need the guidance of an experienced Palatine child custody attorney.

Enforcing Child Custody in Illinois

The first step in any family dispute is to try and reach a compromise. If the other parent is willing, your attorney can help direct you a skilled family mediator. Mediation is non-binding, and either party is able to abandon the process at any time and pursue Court action. Not only does mediation save time and money, but both parties are generally more satisfied with an agreed-upon resolution, as opposed to a Court-ordered one. The Judge can also order both parties to attend mediation, and absent extreme circumstances, such as those involving domestic violence, or previous pursuit of legal action in the past to enforce visitation, it is always a good idea to utilize this option before proceeding to Court. A trained family mediator in Palatine can help guide you through the process.

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Guide to Illinois Child Custody and Visitation

 Posted on July 03, 2014 in Child Custody

Children are one of the most important and fought over parts of a divorce. Severing the marital relationship also means decreasing the amount of time parents can spend with their child, which means discussions can quickly become contentious. Before proceedings begin, understanding the different types of child custody and available visitation arrangements is helpful to work on an arrangement that takes into consideration the most important factor in all child custody cases: the best interests of the child.

Sole vs. Joint Child Custody in Illinois

When making an award of child custody (or when the parents agree to custody), the Court makes two separate awards: one for legal custody and another for physical custody. For both types, parents are awarded either sole or joint custody.

Legal Custody

Legal custody refers to the parent who has the right to make decisions regarding the child's health and well-being. Such decisions may include:

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