Posted on March 05, 2021 in Divorce

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.

   Continue Reading ››

 Posted on February 26, 2021 in Division of Property

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:

Continue Reading ››

 Posted on February 12, 2021 in Child Custody

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.

  Continue Reading ››

 Posted on February 05, 2021 in Paternity

Proving paternity allows biological fathers to exercise their parental rights and be involved in their child’s life. Unmarried fathers can face many challenges in their efforts to establish legal paternity, especially if there is conflict or uncertainty surrounding their parentage. Illinois offers an option called a Voluntary Acknowledgment of Paternity (VAP) that can make the process easier, but it is not always as simple as signing a form. Before you sign a VAP, you should be sure that you understand the implications and the possible complications that may arise.

What is a Voluntary Acknowledgment of Paternity?

A VAP is essentially an agreement in written form in which both the child’s mother and purported father acknowledge that the man is the legal father of the child. Parents can complete a VAP at the hospital upon the child’s birth, or at any point after the birth by obtaining the form from an Illinois Registrar, County Clerk, or the Department of Healthcare and Family Services (HFS). In order for the VAP to be legally valid, it must be signed, witnessed, and filed with HFS. Once the form is filed, the man is considered to have a legal parent-child relationship, granting him certain parental rights and responsibilities, including the duty to contribute to child support.

Continue Reading ››

 Posted on January 22, 2021 in Divorce

Contrary to what you might expect, many divorces in Illinois are relatively low-conflict affairs. Couples have the option to reach a resolution through the process of an uncontested divorce, in which they avoid a trial and negotiate an agreement on all important matters, and many choose to take advantage of it. However, certain issues can make an uncontested divorce extremely difficult, if not impossible. In these cases, trial litigation may be the only reasonable option to finalize the dissolution of the marriage.

Common Problems in a High-Conflict Divorce

If you are dealing with one or more of the following issues, either during the course of your marriage or early on in the divorce process, it may be a sign that your divorce is likely headed to court:

Continue Reading ››

 Posted on January 15, 2021 in Child Support

In the past, it has been common for stay-at-home moms to be awarded child support and spousal support in a divorce. While this is still often the case, stay-at-home dads are becoming increasingly common. The Pew Research Center reports that in 2016, approximately 17 percent of stay-at-home parents in the U.S. were men, while dads only made up 10 percent of stay-at-home parents in 1989. In general, men are also more involved in caring for their children now than they have been in the past.

When you consider these statistics, along with the fact that many women are now their family’s primary breadwinner, it is understandable that many stay-at-home dads would seek financial support from their former spouse after a divorce. Fortunately, Illinois law makes this possible, and an experienced attorney can help to make it a reality.

Continue Reading ››

 Posted on January 08, 2021 in Child Custody

If you and your spouse have minor children together at the time of your divorce, one important aspect of the divorce process is creating a parenting plan that addresses how the two of you will share parenting time and parental responsibilities. If you and your spouse are willing and able to cooperate, you can work together to create your parenting plan. On the other hand, if you have major disagreements, you will likely each need to submit a plan for the court’s consideration. In either case, there are certain items that your parenting plan must address.

Illinois Parenting Plan Requirements

According to the Illinois Marriage and Dissolution of Marriage Act, there are several important matters that a parenting plan must include to ensure that it meets the approval of the court. These include:

Continue Reading ››

 Posted on December 21, 2020 in Divorce

Divorce is a legal proceeding, and as such, the outcome of a divorce is legally binding. It is important for both parties to commit to upholding the terms of a divorce order, as they risk incurring substantial consequences if they fail to do so. That said, if you find that you are struggling to uphold the terms of the order, or if you feel that they no longer apply to your current situation, you do have options. Many parts of a divorce resolution can be legally modified, with the court’s approval, in the years following a divorce.

Possible Illinois Divorce Order Modifications

Not all areas of your divorce agreement may be altered. After a divorce is finalized, the terms of the division of property are usually set in stone, unless new information comes to light regarding a spouse’s dishonesty about finances or assets. However, most other parts of a divorce order can be modified under certain circumstances. For example, you may seek modifications to:

Continue Reading ››

 Posted on December 15, 2020 in Child Support

The determination of child support is an important legal issue for any divorcing or unmarried parent of children under the age of 18. The Illinois Department of Healthcare and Family Services (HFS) has established a standard calculation used to determine each parent’s obligation. However, because every family’s circumstances are different, the results of the calculation, and even whether the court decides to use the standard calculation at all, often vary. You should be sure to understand the various factors that go into child support decisions so that you have an idea of what your obligation may be.

Factors Considered in the Basic Child Support Calculation

In most Illinois child support cases, the HFS calculation is at least used as a baseline. This calculation accounts for a variety of factors, including:

Continue Reading ››

 Posted on December 08, 2020 in Division of Property

Dividing property during a divorce can be complicated, and as you prepare for your financial future, it is understandable that you would want to avoid giving up more assets than is necessary. One way to protect your interests is to ensure that you have a clear understanding of the difference between marital and non-marital property under Illinois law, and that you have identified all assets that may still be your personal, individual property before you begin the divorce process.

Examples of Non-Marital Property

In an Illinois divorce, a couple’s marital property must be divided equitably between the two parties. Generally, this means almost any property that was acquired by either party during the marriage. However, non-marital property belonging to either party is not subject to division, and therefore can remain in the possession of the spouse to whom it belongs after the divorce. Examples of property that can be considered non-marital include:

Continue Reading ››