Posted on November 21, 2023 in Divorce

An uncontested divorce can be a blessing when compared to the alternative. When divorce is the only option, it is best to break things and divide assets amicably rather than going through a nasty contest of “win” vs. “lose.” A good lawyer can help you get through any type of divorce and explain the best course of action every step of the way.

What is an Uncontested Divorce?

Uncontested divorces are those where a couple has most, if not all, points of typical contention already planned. Things like spousal support, child support, agreements on parental responsibilities, and how to divide marital assets all come into play in a divorce. Having every one of these factors squared away, where the only thing left to do is have the divorce finalized, makes the entire process that much easier.

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 Posted on November 15, 2023 in Divorce

Divorce is almost always exhausting, and adding additional disagreements and arguments on top of things will often only worsen matters. However, sometimes, these things are unavoidable, and some factors are major points of contention that need to be addressed. A skilled attorney can help you navigate the complex nature of a contested divorce and guide you toward a more amicable outcome.

Marital Asset Division

Both parties in a contested divorce may choose to lay claim to specific property or assets they feel they deserve in the split. It is often a reason for divorcing couples to have a judge split the assets on their behalf in what they deem is a fair and equitable distribution.

A marital asset is a property that was acquired during the marriage. It should be distinct from each spouse’s personal property before the marriage begins. Other forms of personal property include gifts and inheritance that the other spouse cannot claim unless the property was commingled during the marriage.

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 Posted on November 13, 2023 in Divorce

There are multiple avenues couples can take to reach to dissolve their marriage. Mediation, collaboration, and litigation are all different ways to reach the same end: divorce. The right one for you will depend entirely on your situation. A divorce and family law attorney can help you reach a decision where you feel most comfortable throughout the process.

Mediation

Mediation involves a third party, a “mediator,” who helps the couple negotiate multiple aspects of their impending divorce. The mediator does not have official ruling powers like a judge, but mediation still serves as a great alternative to the court process, which is often expensive and overly complex. However, a judge could order the couple to attend mediation if they feel it would be in their best interests.

Collaboration

Collaborative law is similar to mediation in a lot of ways. It is a great alternative to traditional divorce litigation, allowing spouses to work directly with one another and their attorneys to reach an amicable settlement. Unlike mediation, a judge does not order a collaborative divorce. Instead, the couple must voluntarily agree to use collaborative law to resolve their divorce settlement differences. In a collaborative divorce, the voices of both spouses are heard, and each will remain in control of what they choose to accept. Collaborative law works great for couples willing to cooperate and compromise to reach a mutually satisfying outcome.

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 Posted on November 06, 2023 in Child Custody

Domestic violence is no laughing matter and is especially egregious when it involves children. Illinois courts pay special attention to domestic violence claims in determining the allocation of parental responsibilities. Domestic violence has a habit of escalating inside the home and, as such, is not particularly healthy for a child’s development and overall well-being. A good attorney can make all the difference in the fight for the safety and prosperity of you and your children during divorce proceedings.

The Allocation of Parental Responsibilities

Both decision-making and parenting time must be decided in court to allocate parental responsibilities. Decision-making refers to the overall responsibility of significant decisions for your child. Parenting time refers to your child’s legal residence and how much time the child will get to spend with either parent.

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 Posted on October 25, 2023 in Divorce

Taking appropriate steps to ensure you are ready for divorce proceedings is a smart approach. There are also several mistakes you should avoid in hopes of keeping the process simpler than it would be otherwise. A skilled divorce attorney can provide much-needed guidance on handling divorce proceedings while avoiding a few common pitfalls.

Hiding Assets

Make sure that you are entirely forthcoming with your assets and their evaluation. Hiding property, accounts, or other assets during a divorce can come to haunt you. Everything will likely be discovered during proceedings, so you can save yourself some hardship by being transparent upfront. The same can be said for the opposing spouse. If you feel they may be hiding assets or are not being entirely truthful with their information, you can hire an investigator to dig up the dirt on your behalf.

Making Blanket Assumptions

To set the record straight, nobody truly wins in a divorce. Do not set yourself up for failure by assuming that divorce is a competition with one winner and one loser. According to Illinois law, the entire process is set up to be fair and equitable. This means you should also not assume you will receive half of everything. A judge will examine many factors when determining how to split the property between spouses.

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 Posted on October 20, 2023 in Divorce

Even in uncontested divorce scenarios, it is common for a couple to still go to court for various reasons. However, this does not make these court visits an official trial. An official trial becomes mandatory when issues regarding the allocation of parenting responsibilities, child support, spousal maintenance, and property division cannot be settled in an agreement. A lawyer experienced in divorce proceedings, and trials can help you navigate the legal complexities of a divorce and represent you in a trial if necessary.

Can I Request a Trial at Any Time?

Requesting a trial at any point throughout the divorce process is possible. Parties with unresolved issues regarding children in a divorce can demand a trial occur within 18 months of a divorce filing. One side can oppose the trial as they may not be ready to participate. In this case, schedules can be set later depending on the reasons for the delay.

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 Posted on October 19, 2023 in Family Law

It may be a hard pill to swallow, but grandparents do not have inherited visitation rights to a child. In fact, if a parent were to deem a grandparent a danger to their child, they could prevent that grandparent from interacting with the child. The rights of grandparents are not governed by federal law. As a grandparent in Illinois, it is always a good idea to fight for your rights to your grandchildren by consulting an experienced family law attorney.

When Do Grandparents Have Visitation Rights?

Grandparents’ rights are limited in Illinois. A grandparent can only be granted legal visitation rights to their grandchildren through court-ordered visitation. A child must reach the age of one year before a grandparent can petition for legal grandparent visitation rights. Before one year old, birth parents can choose to keep grandparents from visiting or interacting with their children.

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 Posted on October 16, 2023 in Spousal Support

Spousal maintenance or support is the official Illinois terminology used for alimony. It is awarded after a divorce so that each spouse continues to maintain the standard of living they were living while married. In most cases, spousal maintenance does end, and the duration is largely based on the length of the marriage.

Maintenance payments are calculated by taking 33 percent of the payer’s net pay and subtracting 25 percent of the recipient’s net income. Consulting a skilled divorce attorney can help you figure out what you might owe or are owed in spousal maintenance.

What Are the Different Types of Illinois Spousal Maintenance?

Illinois recognizes five variations of spousal maintenance that the court can award:

• Temporary
• Fixed-Term
• Fixed-Term Reviewable
• Permanent
• Lump Sum

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 Posted on October 11, 2023 in Child Custody

A child’s best interest will always come into play when a judge decides on parental responsibilities. When one or both of a child’s parents engage in recreational substance abuse, the judge can deem them unfit to make decisions on the child’s behalf. The response could see parental responsibilities and parenting time revoked or lost altogether.

Individuals with a substance abuse problem can exhibit unpredictable and erratic behavior. Your child should not have to endure such a dangerous environment. Get help for your child by consulting a child custody attorney as soon as you notice habitual drug abuse in your ex-spouse.

What is Substance Abuse?

Drug addiction, or substance abuse disorder, is a disease that affects an individual’s cognitive behavior and can potentially lead to uncontrollable use of drugs, either legal or illegal. Alcohol, prescription drugs, nicotine, illegal narcotics, and even caffeine are considered substances in this regard.

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 Posted on October 06, 2023 in Prenuptial & Postnuptial Agreements

Yes, the terms of a prenuptial agreement (prenup), or premarital agreement, can be changed or revoked in Illinois. However, certain requirements must be met for changes to take place.

When considering changing your prenup, it is important to consult with an attorney. A divorce and family law attorney can help you understand the legal implications of your decision and can draft the necessary paperwork. It is also a good idea to have each spouse hire their own attorney to ensure that both parties are represented fairly.

How to Change a Prenup

Prenuptial agreements in Illinois can be changed in a few ways. One way is to sign a new agreement with your spouse, which will effectively cancel out the old prenup. Another option is to use a postnuptial agreement, which is similar to a prenup but is created after marriage. Postnups are often more detailed than prenups, especially in terms of how marital assets will be divided in the event of a divorce.

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