Posted on May 12, 2021 in Divorce

Life insurance can be an uncomfortable topic to think about, as it brings to mind the possibility of death for you or a loved one. It can also be an easy topic to overlook during a divorce, especially if you and your spouse are relatively young and in good health. However, a life insurance policy has tangible financial benefits, meaning that it often becomes a factor in the division of marital assets and other aspects of the divorce process. You should be sure to understand what may happen to your policy and make plans to ensure that the benefits are distributed according to your needs and wishes.

Life Insurance and Property Division

Life insurance policies come in different varieties with different kinds of benefits. Term life policies typically only include a death benefit paid to the policy’s named beneficiary only if the insured person dies. On the other hand, whole life policies also have a cash value that accumulates over time. This cash value is essentially a type of investment, and it is possible to borrow or make withdrawals from it at any time. As such, it can be of immediate concern in a divorce when couples are dividing marital assets. To ensure an equitable distribution, the cash value may need to be divvied between spouses, or one spouse may need to compensate the other with different assets.

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 Posted on May 07, 2021 in Divorce

In the worst-case scenario, divorce can be a seemingly endless process involving destructive conflict and burdensome court appearances. Understandably, many couples hope to avoid such a situation by pursuing an uncontested divorce, in which they agree to the terms of their divorce resolution without the court’s involvement. However, if you think of uncontested divorce as simply the “easy way out,” you could make costly mistakes that leave you at a disadvantage for years to come. Though it can be less stressful, an uncontested divorce still requires work and careful attention to detail.

Things to Keep in Mind in Your Uncontested Divorce

While you negotiate an agreement with your spouse, consider the following suggestions in order to protect your interests:

• Seek qualified legal advice. An attorney is still important in an uncontested divorce. They can offer valuable advice before you enter negotiations, be present on your behalf during negotiations, and help you review and file any required documents. With an attorney’s assistance, you can ensure that you are not overlooking important details.

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 Posted on April 16, 2021 in Uncategorized

Divorce is a difficult experience for all children, but for children with special needs, it can be especially challenging to adjust to the major changes that a divorce brings. Parents of children with special needs also face many challenges during the divorce process, including figuring out how to ensure that the divorce resolution protects their child’s interests and provides for their needs. If you are going through a divorce, you should carefully consider all of the following with respect to your child.

Addressing a Child’s Special Needs in the Parenting Plan

Ideally, both parents would continue to be committed to supporting their child and addressing their special needs even after a divorce, but unfortunately this is not always the case. If you have taken on the primary responsibility of caring for your child, it may be important to petition for sole decision-making authority regarding their health and education, as well as a greater share of parenting time. Even if both parents are dedicated to doing what is best for the child, an arrangement involving frequent exchanges between homes may not be in the best interests of a child with special needs, both because of the difficulty in adjusting to changes in routine and the fact that one parent’s home may be better equipped to provide for the child’s needs.

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 Posted on April 09, 2021 in Uncategorized

Drafting a prenuptial agreement with your partner can not only be an important means of protecting both of your assets, but also an opportunity for you to get on the same page regarding your finances. However, there are many ways in which the process of creating a prenup can go wrong, especially without the guidance of an experienced attorney.

Be Aware of Common Mistakes

As you work on creating your agreement, these are some of the most common pitfalls that you should be sure to avoid:

• Pressuring your spouse into the agreement. Raising the subject of a prenuptial agreement can be somewhat awkward under any circumstances, especially if your partner is not expecting it. Trying to force them into an agreement that they are not comfortable with only makes matters worse, and in fact, it will likely make your agreement invalid and unenforceable.

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 Posted on April 05, 2021 in Child Support

Getting a divorce can be a source of many new financial challenges, especially if you have been dependent on your spouse for support. Your divorce resolution may include orders for spousal maintenance and child support to help you provide for your own expenses and those of your children, but if you are going through a lengthy divorce process, financial struggles may begin well before the divorce is finalized. In these cases, it may be important to pursue temporary maintenance and child support.

When is Temporary Relief Appropriate?

The primary factor that a court will consider when determining whether to grant temporary maintenance or child support during the divorce process is the petitioning spouse’s financial need. When petitioning for relief, you will need to file a financial affidavit outlining your current situation and support it with evidence in the form of documents including:

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 Posted on March 30, 2021 in Uncategorized

When spouses need to divide their marital property as part of the divorce process, certain types of assets are more difficult to distribute than others. Cash held in checking and savings accounts is usually the most simple, as it has a clear value and can be easily accessed. On the other hand, businesses, homes, and other real estate property can be some of the most difficult, due to the importance of determining fair market value and finding a buyer or somehow allocating the property between the two spouses. Investment accounts tend to lie somewhere in between, and there are important considerations that both spouses should keep in mind in order to minimize losses.

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 Posted on March 19, 2021 in Uncategorized

After a divorce, maintaining a consistent parenting time schedule is important both for the sake of the children’s routine and in order to be fair to both parents. However, as time goes on, the schedule established during the divorce process may become outdated and no longer serve your family’s needs. It is often a good idea to periodically reconsider the parenting time schedule and determine whether any modifications would be beneficial.

What is the Legal Process for Modifying Parenting Time?

Depending on the situation, parenting time can be one of the simpler elements of a divorce resolution to modify. Illinois courts will consider a petition from either parent for minor parenting time modifications at any time after the divorce, or more significant modifications after there has been a change of circumstances. If you and your former spouse agree to a modification, the process can be even more streamlined, as you can work together to create and file a petition. As long as the court finds that the modifications are in your children’s best interests, they will likely be approved.

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 Posted on March 05, 2021 in Uncategorized

Many divorcing couples are concerned about the stress, conflict, and costs that a divorce trial can bring, and in order to avoid it, they may attempt to handle the divorce on their own. However, this option can have just as many pitfalls, including possible misunderstandings of the legal process and a resolution that may not adequately protect each spouse’s rights and interests. Fortunately, there is another divorce resolution option known as mediation, and it is worth considering whether it may be the best approach in your case.

Why Pursue Divorce Mediation?

There are a number of reasons why mediation could be a good choice for a divorcing couple, some of which include:

1. You want to have guidance when communicating with your spouse. A neutral third party can be beneficial even for couples who want to work together on a divorce resolution. The mediator can ensure that both spouses are heard, identify common ground, and help to prevent discussions from devolving into conflict or opening emotional wounds.

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 Posted on February 26, 2021 in Uncategorized

In a high-asset divorce, the division of marital property is often the most complicated element of the divorce resolution. Not only is there simply more to divide, but the types of properties involved also tend to be more difficult to distribute between spouses without adversely affecting their value. Business assets present an especially unique challenge, but with a smart approach, it is possible to resolve the division of property while protecting your business interests.

Protecting a Business in Your Divorce

Successfully addressing business assets in a divorce often requires you to be well prepared, strategic, and open to negotiation and compromise. Here are some specific suggestions that you may find helpful:

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 Posted on February 12, 2021 in Uncategorized

The COVID-19 pandemic has interrupted the regular educational routine for children throughout the United States. While there is hope that schools will be able to transition back toward in-person learning in the near future, the majority of Illinois school districts are still relying wholly or in part on remote learning. This presents challenges for children and parents alike, especially in families with divorced parents in which children divide their time between two homes.

How Can Divorced Parents Manage At-Home Schooling?

The coordination, attention, and support that remote learning requires can push parents to the limit, but there are some things that you and your former spouse can do to improve the experience and help your children continue to learn effectively:

• Identify the best learning environment. Children may find it easier to focus on school if they have a dedicated space in the home for remote learning, with a desk, a computer, a webcam, a reliable Internet connection, and other necessary materials and equipment. Both parents may be able to create such a space in their own home, but you may find that one parents’ home is better than the other for this purpose.

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