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Recent Blog Posts
Financial Documents You May Need as Evidence in Your Divorce Case
As with any other type of contested case, your divorce proceedings are likely to involve quite a bit of evidence. If you proceed to divorce litigation, it is likely that you and your spouse are unable to reach an agreement - and may not agree on certain facts. For this reason, strong evidence is needed to back up any legally relevant assertions your attorney makes in the course of litigation. When it comes time to allocate marital assets and debts, it can be challenging to make determinations about who should keep what. Spouses may disagree about whose responsibility a debt is, or who brought a certain asset into the marriage. There may be disputes over what is marital as opposed to separate property. It is wise to begin gathering financial documents like bank records if there is any possibility of your case going to court. Strong evidence is often the key to a fair allocation of marital property. Our attorneys can offer you more particular guidance about what types of evidence may be needed in your case.
Protecting a Child With Temporary Orders During a Divorce
For many parents, ensuring that their child will be protected is of the highest priority during a divorce action. Children generally cannot act in their own self-interest from a legal perspective. Minor children have little say during divorce proceedings. Depending on their age and maturity level, their preferred custody arrangement may or may not be respected. In most cases, they cannot take legal steps to protect their interests. It is almost always up to the parents to act in the child’s interest and to protect them while divorce proceedings are pending.
Parents may be able to obtain certain types of temporary relief that could help safeguard their child’s financial security and safety until a finalized divorce decree can be achieved. If you have concerns about protecting a minor child while your divorce action is in the courts, an attorney may be able to help you secure temporary orders to guard your child’s interests and minimize the short-term effects of divorce on them.
Steps to Take Before Divorce Resolution Talks Begin
A large percentage of spouses getting divorced in the modern era do not turn to a court to decide each issue in their case, but rather, arrive at a mutually agreeable settlement on their own through alternative dispute resolution techniques, such as mediation and attorney-facilitated negotiation. These techniques can save both parties substantial time, stress, and money when used properly. Avoiding a need to litigate your divorce can prevent the diminution of the marital asset by sparing expenses associated with gathering evidence and proceeding through a trial. However, it is important that you take certain steps to protect your interests before beginning the dispute-resolution process. A lack of preparation can interfere with your ability to strike a fair bargain and influence the ultimate outcome of your divorce. A qualified divorce attorney can assess your case and offer you advice particular to your unique situation, as the preparation needed for divorce mediation or negotiation can vary based on the specific issues of your divorce.
Strategies for Effective Divorce Mediation
Divorce mediation is a form of collaborative divorce, in which the spouses reach an agreement on each divorce issue without judicial intervention. The need for courtroom proceedings is eliminated if an agreement can be reached. Avoiding hearings can save time and emotional energy that many would prefer to devote to adapting to a new way of life, or sharing time with their children. Those whose relationship with their spouse is more contentious may worry that mediation or negotiation will be ineffective or anticipate heated arguments. However, collaborative divorce methods may be employed without any need to bring the spouses together in person. This can eliminate tension and promote the exercise of reason. If you are preparing for a collaborative divorce, strategizing with the assistance of an attorney before the commencement of negotiations would be wise.
Using Mediation or Negotiation Effectively
3 Divorce Tips for Parents of Teenagers
Much of the advice you can find online for parents who are getting divorced tends to pertain to younger children. As parents with teenagers know, what works in parenting a young child is very different from what works in parenting a high school student. Teenagers may be affected by divorce in different ways compared to an elementary school-aged child. While there are some similarities in the ways that younger children and teenagers may react–for example, both may “act out” and get in trouble–these reactions generally cannot be addressed in identical fashions. While a young child may not need to be told why the divorce is happening, a teenager has likely already noticed the problems. It can be complicated for parents who have both teenage children and younger children to manage both children’s emotional needs in an age-appropriate fashion. An attorney may be able to advise you on when and how a teenager should become involved in any legal proceedings.
Divorce Tips When Your Spouse is Dangerous
Nothing is ever more important than the safety of you and your children. When your divorce represents a greater effort to be free of a harmful person who puts you or the kids in danger, there is much more to your case than splitting up marital assets. It may feel like more of a dramatic escape than a civil proceeding. In fact, there may be nothing civil at all about your divorce except for the court it is filed in. A number of different issues can make your spouse dangerous, rather than simply unpleasant or obnoxious. If your spouse has been abusive, is severely mentally ill or a drug addict, or is engaged in criminal activity that could endanger your entire family, it is time to get out right now. Law Offices of Donald J. Cosley is skilled at working with those whose marriage has become unsafe in order to effectuate a divorce as quickly and seamlessly as possible.
Considerations for Leaving an Unsafe Marriage
Divorcing Spouses May Hide, Transfer, or Undervalue Assets During Divorce
A crucial aspect of divorce is financial disclosure. Spouses must list their assets, income sources, and debts. This allows the court to divide property fairly and determine child support and spousal support payments. Unfortunately, some divorcing spouses attempt to hide assets, transfer ownership of property to others, or undervalue their assets in an effort to keep more money for themselves. Some only report part of their income in hopes that they will pay less child support or spousal maintenance. This is unlawful.
If you are going through a divorce, it is important to be vigilant for signs of financial deception. Whether your divorce is resolved through a negotiated settlement or the courts, the outcome should be based on factual financial information.
Ways Spouses Conceal Assets and Income During Divorce
There are many ways that divorcing spouses try to conceal assets and income. Some common methods include:
How to Get Child Support if You Are an Unmarried Mother
Single moms must contend with many financial challenges. Child-related expenses such as childcare, healthcare, and educational costs can quickly add up. Record-high inflation only adds to the financial difficulties faced by parents in Illinois and across the country.
If you are an unmarried mother, you may be interested in securing child support payments from the child’s father. Child support can help you with everything from housing costs to groceries, but you will need to take certain steps to establish a child support order and receive payments.
Establishing Paternity is the First Step
Before you can get an official child support order, you must ensure that the father’s paternity is established. Paternity is the legal relationship between a man and his child. When married parents have a baby, Illinois automatically assumes paternity. However, if an unmarried couple has a baby, paternity must be established through one of several legal avenues. The easiest way to establish paternity is through a Voluntary Acknowledgement of Paternity document. However, if the father is unwilling to sign this form, you may need to pursue an Order of Paternity through the court system or an Administrative Paternity Order through the Illinois Department of Healthcare and Family Services (HFS). DNA testing may be needed to confirm that the presumed father is the child’s biological father in some cases.
College Tuition: Financial Rights and Responsibilities of Divorced Parents
As stores advertise back-to-school specials and children start preparing for the next school year, many parents start thinking about their child’s college education. Whether your child is starting kindergarten or will soon begin his or her senior year of high school, planning for college is crucial. Divorced parents are often unsure of what their financial obligations are once their child is college-aged. This blog will discuss how college expenses are handled in Illinois when parents are divorced.
Parents May Be Court-Ordered to Contribute to College Costs
Child support usually ends when a child becomes a legal adult. However, Illinois courts have the authority to order parents to contribute to their child’s college education. The amount a parent may be required to contribute depends on many different factors, including:
Can I Receive Spousal Support Because My Partner Committed Adultery?
Infidelity is a common reason for divorce. When one spouse commits adultery, the other is likely to feel betrayed and angry, and they may believe that their partner should be punished for their actions. The strong emotions that affect spouses in these cases may lead to disputes about issues related to a couple’s finances and other aspects of their lives that will be affected by their divorce. A spouse who feels that they have been wronged by their partner may believe that they are entitled to spousal support because the other spouse was to blame for the divorce. However, it is important to understand how the law addresses these issues and determines when spousal maintenance is appropriate.
Spousal Support and Marital Misconduct
Spousal maintenance is a form of support paid by a spouse to their former partner. Spousal support will only be appropriate in certain circumstances, and it is meant to ensure that both parties will be able to maintain their standard of living. Generally, spousal support may be awarded if one spouse has a demonstrated need for support because they earn a lower income than their former partner or because there are factors that affect their ability to maintain gainful employment, such as a disability or the need to stay at home to care for children.
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