Posted on February 22,2023 in Divorce

Going through a divorce can be a challenging and stressful experience. It is a complicated process that involves a lot of paperwork, negotiations, and legal proceedings. In many cases, divorce can significantly impact your future and the future of your children if you have any. Even though the complexity of divorce is well-known, many people often think they can handle it without the help of an attorney. Today, we will discuss why having a lawyer for your divorce case is in your best interest. 

How Can a Lawyer Help Me?

Many people getting divorced have never worked with a lawyer before. They may not understand exactly what a lawyer does or how a lawyer can benefit them during divorce.  Divorce lawyers help clients in many ways, including:

• Knowledge of family law – Family law is complex and constantly changing. An experienced divorce lawyer has the knowledge needed to navigate the legal system and protect your rights. Furthermore, they can explain the legal implications of your decisions and help you understand the consequences of your actions.

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 Posted on January 11,2023 in Divorce

Getting a divorce can be an excruciating process for all parties involved. The process can be long, expensive, and emotionally traumatizing; so much can be at stake, and placing matters in the hands of a judge, you may fear that your wishes will not be satisfied. Fortunately, there is another way to go about the process called mediation. 

In essence, mediation gives a divorcing party a way to have more control over the outcome of their particular case. For example, suppose you and your spouse are seeking a divorce. In that case, experienced divorce attorneys familiar with the mediation process may help you and your ex-spouse effectively address the issues on the table and make decisions that both parties can agree on. 

The Process of Mediation

According to Forbes, most Illinois divorces resolve without ever having to result in a trial. Avoiding trial often means multiple rounds of mediation and negotiation behind the scenes. Contingent on the circumstances of the case, mediation can be court-ordered, which is when a judge appoints a mediator. In other situations, divorcing parties may agree to resolve their legal issues with the assistance of a mediator. During the mediation process, the parties will convene with a neutral mediator who will then help the parties identify issues that must be addressed. The mediator does not make any decisions. Instead, they assist the parties in working together to reach compromises that all can be satisfied with. 

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 Posted on April 15,2020 in Divorce

Courts in Cook County and the surrounding collar counties in Illinois have taken measures in response to Governor Pritzker’s shelter-in-place order in an attempt to enforce social distancing guidelines and help combat the spread of the coronavirus. At this time courts have ceased conducting most regularly scheduled day-to-day activities until at least the end of April. Cook County courts will not resume regular activity through May 15, 2020.

Notwithstanding the above, courts are still accepting new cases as well as filings into pre-existing cases during this time. Some courts, such as Cook County, also have processes in place to take care of routine matters dealing with issues such as Temporary Parenting Time, Temporary Spousal and/or Child Support and Agreed Orders, which can take care of important preliminary issues that move the case towards a final resolution. Additionally, if you have an uncontested matter, meaning that there is a complete agreement between the parties, there is a possibility to have a final judgment entered during this time to resolve the case.

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 Posted on April 07,2020 in Child Support

The Coronavirus Pandemic has created a financial crisis for many families throughout Illinois. Workers have already been laid off or faced severe reductions in hours.  New unemployment claims in Illinois increased by 178,000, or 1,833% for the week ending March 28, 2020, from the same week one year earlier. Many families in Illinois will struggle to pay their ordinary and necessary living expenses including rent, mortgage, and other bills.  This financial hardship will be especially difficult for divorced or divorcing parents in Illinois to pay their court ordered child support. 

In Illinois, child support and the modification of child support are governed by the Illinois Marriage and Dissolution of Marriage Act.  Under the Act, once entered by a court, child support orders continue and remain in effect even though you may not be financially able to pay your child support.  To mitigate economic harm as much as possible, payors of child support must take immediate action to file a motion for the modification of child support upon the occurrence of substantial change of circumstance including, unemployment, reduction of income or other substantial change in ability to pay child support.  In Illinois, modifications of child support are retroactive to the date the moving party filed and served notice of the motion to modify child support to the other parent.

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 Posted on December 24,2019 in Divorce

A marriage often turns two families into one. This is especially true when a couple has children. New babies gather people together, and children may develop close bonds with aunts, uncles, or grandparents as they get older. When a divorce happens, relationships between extended family members can become awkward. However, children and relatives may want to maintain their relationships, and grandparents and other family members will want to be sure to understand their rights after a divorce. For parents, time spent with children is outlined in a parenting plan. Instead of “custody” and “visitation,” Illinois law refers to these as “parental responsibility” and “parenting time” respectfully. In Illinois, although the rights of parents come first, a grandparent may have the right to non-parental visitation with a child depending on the circumstances. This extends to great-grandparents, siblings, and stepparents as well. 

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 Posted on December 18,2019 in Divorce

Many people celebrate Christmas and New Year’s with different festivities. Children especially look forward to the holiday season for many reasons. After a divorce, there can be uncertainty about how winter holidays will be orchestrated for both children and parents. This can be resolved with a set schedule for parenting time. It is important to remember that every family is different, and it is still possible to enjoy whatever holidays you celebrate after a divorce. How and when you observe them might change, but the sentiment of togetherness can remain the same. 

How Many Families Go Through Divorce?

Statistics show that half of all children in the United States will experience their parents getting a divorce. Half of those children will experience a second divorce, and 10 percent of all children who have seen one divorce will go through three or more. A divorce can have a significant impact on children, regardless of their age. These feelings may be exacerbated during important times in their lives like family holidays and birthdays. Although a parenting plan will create the logistics of how holidays will be spent as a divorced family, there are emotional aspects that may take years to figure out. The following tips will help you, your ex, and your kids spend a pleasant holiday as a divorced family. 

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 Posted on December 10,2019 in Divorce

During a couple's marriage, they may start a business, either together or separately. If the couple chooses to get a divorce, they must address how ownership of this business will be handled. As with other assets, interests in a family business must be addressed as part of the equitable distribution of marital property. To ensure that business interests are divided fairly, a business valuation may need to be performed to determine the actual value of business assets. There are various approaches to this process, so it is important to understand the differences to determine which one is appropriate for your company. 

Business Valuation Methods

Multiple methods can be used to estimate how much a business is worth. One way of determining a business's value is by looking at the assets owned by the business. An asset-based approach is often better for larger companies that have business assets separate from the owners' personal assets. In smaller companies, a person's personal and business funds often overlap, which can make this approach more difficult. There are two asset-based valuation approaches that are typically used by business valuators: going concern, in which a business's liabilities are subtracted from the net balance of its assets, and liquidation, which looks at the potential profits earned by selling off all of the business's assets. 

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 Posted on December 03,2019 in Divorce

Whether for personal or professional reasons, people can move down the block or across the world. Many individuals have the freedom to do this at any time, but after a divorce when two parents share the responsibility for a child, this privilege may be restricted. Studies show that up to a quarter of custodial parents move away from the area where they lived as a married couple within two years of their divorce. When a parent considers moving after a divorce, some stipulations must be met to protect the rights of their child and the other parent. 

Parental Relocation Rights in Illinois

In Illinois, the term “child custody” is now referred to as the “allocation of parental responsibilities,” and parents will both have "parenting time" with their children. While the law no longer refers to a "custodial parent," a parent who has the majority of the parenting time or shares equal parenting time may be required to obtain approval before moving to a new home with their child. For a parent living in Cook County, he or she can move with the child up to 25 miles without needing approval from the court. This distance limit applies across state boundaries. DuPage, Kane, Lake, McHenry, and Will Counties follow the 25-mile rule as well, but for all other counties in Illinois, a custodial parent may move up to 50 miles from his or her original home. 

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 Posted on November 25,2019 in Divorce

According to research by the American Pet Products Association (APPA), 68 percent of U.S. households include at least one pet. Pets are often considered members of the family. Owning a dog, cat, or another animal has social and emotional benefits for adults and children alike. Pets are technically considered property, but under Illinois law, they are treated differently than a house, car, or other physical assets during a divorce. Therefore, it is important for pet owners who are divorcing to understand their rights regarding who gets to keep the family pet. 

Marital Property and Equitable Distribution

Under Illinois divorce law, marital property is divided based on what is fair. This is called “equitable division.” Instead of a 50/50 split of assets, property and assets are split dependent on factors such as the length of the marriage, each spouse's contributions to the marriage, and the decisions made regarding the custody of children. Every divorce is unique, and an arrangement that may work for one couple may not work for another family. 

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 Posted on November 18,2019 in Child Support

When parents get a divorce, they are still responsible for taking care of their children. How this is orchestrated may change, but every child has the right to receive support from both of their parents, emotionally and financially. This is why when parenting plans are created, a judge will likely keep both parents involved in the child’s life unless there are extreme circumstances, such as abuse. Child support is how the noncustodial parent will financially contribute to the child’s well-being. 

Determining Child Support

When child support is calculated in Illinois, both parents’ net incomes are considered using an "income shares" model. The numerical amount of support that parents are responsible for is based on their percentage of combined net income. The paying parent is usually the person who has the least amount of parenting time. Child support for the main custodial parent is implied. Money paid for child support goes toward basic needs, medical costs, and school expenses for the child only. 

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