Posted on February 22, 2022 in Collaborative Law

To get divorced in Illinois, spouses must address multiple financial, legal, and logistical issues. If the spouses can agree on how to handle these issues, they can avoid the timely, costly, and stressful divorce litigation process. However, reaching an informed decision about property division, child custody, and other divorce issues is very difficult to do without help. Fortunately, Illinois spouses have the option of ending their marriage through collaborative law. Collaborative divorce is an alternative resolution method that offers numerous benefits for divorcing spouses and their children. One of the key elements in a collaborative divorce is the “participation agreement” or “collaborative agreement.”

Understanding Participation Agreements in a Collaborative Divorce

As the name implies, collaborative divorce is a collaborative process. The spouses and their lawyers seek to resolve divorce issues cooperatively, without the hostility that exists in many litigated divorce cases. To ensure that everyone in the collaborative divorce process understands and agrees to the terms of the resolution process, each participant is asked to sign a participation agreement. The spouses, their attorneys, accountants, appraisers, child specialists, and others involved in the collaborative process agree to these terms.

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 Posted on February 14, 2022 in Divorce

The National Institute on Alcohol Abuse and Alcoholism estimates that almost 15 million people struggled with alcohol use disorder in 2019. The statics for drug use are similarly disheartening. Just under 20 percent of teens and adults use illegal drugs or take prescription medication in an unlawful manner. Many people struggling with drug addiction are addicted to opioids like oxycontin or fentanyl. If your spouse is addicted to drugs or alcohol, his or her addiction will likely influence your divorce case.

Is Drug Addiction Grounds for Divorce in Illinois?

Each state has different divorce laws. Illinois is currently a no-fault divorce state. You will not list your spouse's addiction as the grounds for you divorce. The only available ground for divorce in Illinois is “irreconcilable differences.” If your spouse contests the divorce and disagrees that you have irreconcilable differences, living separately for at least 6 months is considered sufficient proof of irreconcilable differences.

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 Posted on January 31, 2022 in Child Support

Many parents struggle to pay for college expenses such as tuition, room and board, and related fees. In the United States, the costs associated with obtaining a college education are incredibly high, with college tuition sometimes costing upwards of six figures for four-year schools.

No matter which college your child chooses to attend, tuition rates will likely be high. But if you are divorced in the state of Illinois, you may be wondering who pays for college between you and your ex. Do you both need to pay? Is a 50/50 division of tuition applied to a situation like this?

Illinois Law Regarding College Expenses For Non-Minor Children

Illinois imposes a rare law that may require parents to contribute equal amounts of money toward their child's college expenses until the child turns twenty-three years old. However, it is also possible for this Court order to be extended until the child turns twenty-five years old.

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 Posted on January 27, 2022 in Divorce

A divorce is an inherently tense process. Even when you are facing an uncontested divorce, tensions run high and a lot of difficult conversations must take place.

However, a detail that can make an already-stressful experience even more overwhelming is when a divorce involves partners with high net worths and high-value assets. A high net worth divorce poses a series of challenges that a typical divorce case would not necessarily present.

What is a High Net Worth Divorce?

In order to best understand the challenges that a high net worth divorce poses, it helps to define this type of divorce proceeding. A high net worth divorce involves property with substantial monetary value. Often, divorcing spouses own complex and hard-to-value assets such as a professional practice or business. Having a high net worth creates a situation in which the spouses have more to lose in the divorce. Consequently, the need for experienced, skillful legal counsel in a high net worth divorce can hardly be overstated.

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 Posted on January 26, 2022 in Child Custody

When two parents get a divorce, a major focal point of their divorce proceedings is often the allocation of parental responsibilities and parenting time. These child custody agreements are designed with the best interest of the children in mind. When parents relocate to another city or move to a different state altogether, the relocation may impact your parenting plan.

Three Steps Involved in Relocation When You Share Child Custody

Each instance of relocation when child custody is involved will have its own set of complexities and specifications. The best way to ensure that you have a complete understanding of your situation is by hiring a family law attorney.

Upon looking at the details of your parenting plan and hearing about your desire to move, a divorce attorney can inform you of how to proceed prior to moving. The county you currently reside in, as well as the distance from your current place of residence to where you plan to move, will also be taken into consideration.

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 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.

What is an Uncontested Divorce?

An uncontested divorce refers to a situation in which both parties have agreed on the terms of their divorce. Usually, couples must address the division of marital property and debts, spousal maintenance, the allocation of parental responsibilities and parenting time, and other diviorce issues before they can finalize the divorce.

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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 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:

Early Warning Signs:

Financial fraud in a divorce can take many forms; however, the following may be signs that a spouse plans to hide assets or manipulate the divorce's outcome by lying about money.

• Atypical financial transactions - Was there an increase in unusual activity with investments or finances being moved around? If so, it could mean your spouse is trying to hide something. A higher volume of transactions or more movement than usual should be a red flag because that will make it more difficult to determine where assets are located and the purpose of every withdrawal.

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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?”

Understanding the Role of a Mediator in an Illinois Divorce

Before we discuss what a mediator does, it is useful to explore what a mediator does not do. A mediator does not make a decision for the couple or provide legal representation. He or she does not choose sides. The mediator's job is to help the couple reach their own conclusions about divorce issues. To do so, the mediator may:

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