Posted on June 06,2018 in Divorce

Deciding to get a divorce is a process in itself, but once you have decided to end your marriage, the next step you must take is to determine what kind of divorce you want to get. Couples who are hostile to each other and are not willing to cooperate often must resort to a litigated divorce where arguments are made in court and a judge makes decisions about issues such as how assets are divided and how child custody arrangements are made. However, if you and your spouse are on good terms, or if you are at least willing to work together to reach a mutually agreeable resolution, you may be able to go with an alternative dispute resolution option such as a collaborative divorce or a mediated divorce.

The Collaborative Divorce Process

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 Posted on May 31,2018 in Divorce

Getting a divorce is a challenging time in many adults’ lives. Not only are there things to settle financially and assets to divide, divorce brings much emotional confusion into the picture. Once you have decided that a divorce is your best option, you should become prepared for the long and winding journey that is the divorce process. These 8 things can help you get a head start on your divorce even before the legal process gets started:

1. Determine the Type of Divorce You Want

Often, people think that a divorce is a divorce. In reality, there are many different types of divorce. In Illinois, the types of divorce recognized are:

• Uncontested divorce;
• Contested divorce;
• Mediated divorce;
• Collaborative divorce; and
• Joint simplified dissolution.

Each type of divorce has its advantages and disadvantages, and some divorces may not be available to you depending on your circumstances, so it is important to do your research before settling on a divorce process.

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 Posted on May 23,2018 in Adoption/Guardianships

Additions to your family can come in many forms, and adoption is one method that is beneficial for both parents and children. One great option for many families is adopting a child through the Illinois Department of Children and Family Services (DCFS). However, a DCFS adoption is a bit different than other types of adoption. Before beginning the process, you should determine if a DCFS adoption is right for you and your family.

DCFS Adoptions Are Unique

One of the basic differences between a DCFS adoption and a private agency adoption is that children who are adopted through DCFS are in the foster care system. According to the Adoption and Foster Care Analysis and Reporting System, there were 117,794 children in foster care throughout the United States who were waiting to be adopted in 2016. Children who are placed in a foster home have been removed from their families for a variety of reasons, including abuse or neglect, which may have resulted in trauma. These children also range in age from babies to teenagers, and if they are available for adoption, their birth parents’ rights have already been terminated.

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 Posted on May 16,2018 in Divorce

When you think of the word divorce, you probably think of scenes in movies and television with couples screaming at each other over their issues and sitting in the courtroom while a judge decides their fate. However, the reality is that many couples seek a calm and refined dissolution of their marriage--this is where collaborative divorce comes in.

What Is Collaborative Divorce?

Collaborative divorce is a way that a couple can get divorced without the stress or intervention of the court system. The point of collaborative law is to avoid litigation and keep control over the outcomes of certain divorce issues, such as the division of assets and property, child custody and support agreements, and spousal maintenance. Each spouse will work with their own attorney who is trained in collaborative law, in addition to a team of professionals from different fields to come to an agreement. The process begins when the couple and their attorneys sign a legally binding contract--called a participation agreement--to agree to resolve their marital disputes outside of the courtroom.

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 Posted on May 08,2018 in Prenuptial and Postnuptial Agreements

When you are engaged, there are so many things to talk about--the honeymoon, the dress, the reception--but one of the not-so-fun things that you should discuss is getting a prenuptial agreement, or prenup. Doing so may save you in the event your marriage does not work out.

What Is a Prenup?

A prenuptial agreement is a contract that a couple signs prior to getting married that lays out terms for how certain matters will be handled in the event of a divorce. The agreement may state how couples will split their finances, what each person owns coming into the marriage, and how property acquired during the marriage would be divided. A prenup can cover everything from debt to retirement funds and how those are allocated.

Reasons to Get a Prenup

There are many different reasons that couples decide to get prenups. Some people may think that it dooms a marriage from the beginning, but many have found that it protects their assets in the event that things do not work out. Some common reasons why couples get prenups are:

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 Posted on April 26,2018 in Child Custody

In today’s families, parents often function as equal partners when raising their children, and both mothers and fathers are highly involved in decision-making and day-to-day care. Close relationships with their parents are beneficial for children, and these relationships should continue even if parents decide to end their marriage through divorce. 

In recent years, the divorce laws in Illinois have been updated to reflect the nature of modern parenting. The presumption that one parent will have custody of children has been replaced with the allocation of parental responsibility between parents, and rather than granting temporary visitation for a non-custodial parent, each parent will have parenting time with their children. 

Some advocates are pushing for additional changes to the law that they believe would protect parents’ rights. Currently, the Illinois House of Representatives is considering a bill which would change divorce laws to presume that it is in children’s best interests to have equal amounts of parenting time with both parents.

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 Posted on April 19,2018 in Divorce

The process of divorce can be lengthy and complicated, and issues related to the property that a couple owns can often be very difficult to resolve. When determining how to divide property during divorce, couples should be sure to consider the following:

• Marital property - Any property that a couple acquires during their marriage is considered marital property, and Illinois law states that these assets should be fairly and equitably divided between divorcing spouses. However, “fair and equitable” does not necessarily mean “equal;” rather; each spouse should receive a “just proportion” of the marital assets.
• Non-marital property - Property which a spouse owned prior to the marriage or which they received by gift or inheritance is not subject to equitable division during divorce. A prenuptial or postnuptial agreement may also state that certain property is non-marital property. However, marital and non-marital property can become commingled, making it difficult to determine ownership. In some cases, non-marital property may be converted to marital property, or one spouse may be obligated to repay the other spouse for improvements they contributed to non-marital property.

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 Posted on April 12,2018 in Divorce

The end of your marriage is likely to be a traumatic, chaotic time, but taking the time to prepare for your life after divorce will help you begin the next phase of your life on the right foot. One of the key concerns you should address is your finances, making sure that the decisions made during divorce will protect your financial security and ensure that you will be able to provide for yourself and your family. Here are some tips for financial planning during divorce:

• Gather documents - Be sure to obtain complete records that will give you the full picture of your and your spouse’s finances. These documents may include bank statements, credit card accounts, retirement accounts, investments, mortgages, automobile loans, pay stubs, tax returns, and appraisals of items you own. Fully understanding your financial situation will ensure that assets and debts are divided equitably, and it may help identify any hidden assets.

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 Posted on April 05,2018 in Divorce

Children deserve to have a good relationship with both their parents, but this can sometimes be difficult after parents decide to divorce. Children often struggle to understand the reason for the end of their parents’ marriage, and they can have difficulty adjusting to dividing their time between two homes. Unfortunately, the emotional distress they experience is sometimes made even worse when one parent attempts to negatively influence their children’s relationship with their other parent. This is known as parental alienation, and it is important for divorcing parents to recognize when it is occurring and understand their legal options.

Forms of Parental Alienation

Parental alienation occurs whenever a parent attempts to influence their children’s feelings about the other parent, and it can take a variety of forms, including:

• Criticizing the other parent, including making disparaging comments, blaming them for the breakup of the marriage, claiming that they are the cause of financial difficulties, or questioning or overriding their decisions about discipline.

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 Posted on March 28,2018 in Divorce

When parents decide to divorce, both they and their children may have difficulty adjusting to the major changes they will be experiencing in their lives. Some growing pains are inevitable as children become accustomed to dividing their time between two separate homes. However, parents can work to provide a good environment for their children by avoiding the following mistakes:

• Involving children in conflict - Even though parents will likely not get along very well during divorce, it is important to avoid arguing in front of children or exposing them to disagreements. This can be very damaging to children, so parents should work to resolve their disputes when children are not present.
• Inconsistency - Parents should work to maintain consistent rules and schedules at both their houses, which will provide children with a sense of security and help them avoid feeling anxious about what to expect. 

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