Posted on January 20, 2022 in Divorce

A common question amongst people who are specifically filing for an uncontested divorce in Illinois is whether or not it is necessary to hire a divorce attorney. While not a requirement to retain legal representation when divorcing, people who are divorcing can benefit greatly from the guidance and experience of an experienced attorney.

But the reason this question is so commonly asked in the face of an uncontested divorce has everything to do with how easy people believe uncontested divorces can be. But why is that? And should you hire a lawyer if you are filing an uncontested divorce in Illinois? Here are the answers to these questions and more.

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 Posted on December 28, 2021 in Child Custody

When Illinois parents file for divorce, they are asked to create a parenting plan. This plan outlines how the parents fulfill parenting obligations as a divorced couple. If the parents can agree on the plan’s provisions, they can create the plan together and submit it to the Court for approval. If they cannot reach an agreement, they can each submit their own separate plan to the Court for approval. If you are a parent thinking about divorce, make sure to avoid these common mistakes when creating your parenting plan.

Mistake #1: Undervaluing the Usefulness of the Parenting Plan

The parenting plan is not just another piece of paperwork to fill out. The plan is an opportunity for divorcing parents to decide in advance how they will raise their children as divorced co-parents. The more you and your spouse figure out now, the less you have to discuss in the future. Furthermore, if a parent fails to comply with the plan’s provisions, the other parent will have the ability to enforce the parenting plan through the Court. Do not underestimate the importance of this document and its usefulness in your co-parenting future.

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 Posted on December 20, 2021 in Domestic Violence

Domestic violence is much more prevalent than many people realize. The Illinois Criminal Justice Information Authority reports that 42 percent of Illinois women and 26 percent of Illinois men have experienced intimate partner violence. If you have been harmed by a former or current family member or household member, you are not alone. Domestic violence may involve married couples, ex romantic partners, family members, or roommates. If you or a loved one were a victim of domestic violence, an order of protection may give you the legal protection you need.

When is an Order of Protection Necessary?

An order of protection, called a restraining order in other states, is a court order that can protect domestic violence victims from further abuse or harassment. If you have been physically injured or psychologically tormented by a family member, ex-boyfriend or ex-girlfriend, or someone with whom you share children, an order of protection can force them to stay away from you and/or your children.

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 Posted on December 10, 2021 in Divorce

High net worth divorces share the same legal process as non-high net worth divorces, but the legal steps require a much more polished approach. With so much at stake, your spouse may go to greater lengths in an attempt to conceal finances and dividable assets. In the weeks and months leading up to a high net worth divorce, someone with a well thought out plan on how to conceal those assets may display some early warning signs to keep an eye out for, such as:

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 Posted on December 08, 2021 in Collaborative Law

When divorcing couples share children, they have a much greater number of decisions to make than couples without children. Furthermore, the consequences of these decisions can impact their families for years after the split. Deciding how to distribute parental responsibilities and parenting time can quickly become contentious – especially if the parents disagree about what is best for the children. Collaborative divorce is an alternative resolution method that may help divorcing parents make informed choices about child custody issues, property division, and other divorce concerns without needing to go to Court.

Collaborative Law is a Cooperative Process

Understandably, many divorcing spouses struggle to communicate effectively during the divorce process. Many harbor resentments and hurts from the past that inhibit their ability to discuss divorce issues in a productive manner. During a collaborative divorce, the spouses sign an agreement promising to negotiate in good faith and freely provide any necessary documentation or information. They agree to put resentments aside, cooperate, and find practical solutions to the unresolved divorce issues. Learning how to cooperate during the divorce can help parents learn the skills needed to cooperate in their post-divorce, co-parenting relationship.

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 Posted on November 24, 2021 in Divorce

If you are ending your marriage, you may be exploring the various divorce options available in Illinois. There are many routes to divorce, and the path you choose will depend on your unique circumstances and needs. Mediation is an alternative resolution method that may help you and your spouse end your marriage without Court intervention. Mediation can be a cost-effective means of resolving disagreements about child custody, the division of marital assets, spousal maintenance, and other divorce issues. However, many people are unfamiliar with the mediation process and how mediation can help them during a divorce. They ask, “What does a mediator actually do?”

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 Posted on November 23, 2021 in Child Support

Whether due to COVID-19 shutdowns or another reason, many people are finding themselves out of work. Unemployment can make it difficult for parents to cover child-related costs, including child support payments. However, a child’s financial needs do not change simply because a parent loses his or her job. Consequently, unemployment can create a challenging situation for both parents.

If you are a payer or recipient of child support in Illinois, you may have questions about how unemployment affects your child support obligation. You may wonder if you or the other parent are still required to pay if you have zero income. The answer, like many answers in family law, depends on several factors.

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 Posted on November 17, 2021 in Divorce

When a divorce involves a greater degree of disagreement than typical divorce cases, we often refer to this as a “high conflict divorce.” Spouses in a high conflict divorce face unique challenges both personally and legally. When spouses cannot cooperate, reaching an out-of-court agreement about divorce issues like property division or child custody can seem nearly impossible. Each situation is different and there is no perfect way to handle a contentious divorce. However, the following actions may help.

Do Not Try to Face This Alone

Many spouses underestimate just how complicated and frustrating a high-conflict divorce can be. They assume that they can handle the situation with little help from others. However, building a support team is one of the best things you can do to help you get through a contentious divorce. An experienced divorce lawyer can represent your best interests and provide legal guidance throughout the divorce process. However, in a high-conflict divorce, you may also want to work with additional professionals who can address the financial, personal, and psychological aspects of the split. A divorce coach or counselor can provide an outlet for you to vent frustrations and cope with difficult emotions. Accountants and other financial professionals can help you make sound financial decisions that benefit you both during and after the divorce.

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 Posted on November 09, 2021 in Divorce

Alimony, called spousal maintenance in Illinois, can be a crucial form of financial assistance after divorce. If you are getting divorced, you may have questions and concerns about spousal maintenance. Unique financial situations, including variable income, can make the process of calculating a reasonable spousal maintenance award much more complicated. If you or your spouse are pursuing spousal maintenance in your divorce case, an experienced lawyer can provide personalized guidance.

Calculating Net Income to Determine Spousal Maintenance

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 Posted on October 29, 2021 in Divorce

One of the most consequential factors in any divorce case is the division of marital assets and debts. Dividing the funds in a checking account or deciding which spouse will keep the furniture may be accomplished with relatively little complication. However, complex assets like pensions and other retirement accounts are much harder to deal with during a divorce. One reason pensions are especially hard to divide is that the final value of the pension is often unknown at the time of divorce. If you or your spouse have a pension, a skilled divorce lawyer can help you decide how to divide this important asset.

Determining Property Rights in an Illinois Divorce

Illinois law divides property into two categories in a divorce. Marital assets are those assets that were accumulated during the marriage by either spouse. Non-marital property is property that was obtained by a spouse before the marriage. Both spouses have a right to a fair share of the marital property.

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