Advantages of Legal Separation vs. Divorce

 Posted on May 23, 2013 in Divorce

When two people come together to wed, the last thing on their minds is a divorce or legal separation. However, time goes on and people may change. This realization may prompt one person to want out of the marriage, but not completely until he or she is sure that divorce is what's right. The best advantage of a legal separation may be time. Legal separation allows two people to live separately until they can decide if divorce is the best option. This arrangement is particularly favorable in cases where couples may want to divorce due to 'irreconcilable differences' as a requirement for divorce in Illinois is a two year separation. In addition, the spouse seeking divorce must establish that he or she is not the one responsible for the separation. According to the Illinois Marriage and Dissolution Act, two people, while remaining married can be legally separated. This allows a separated couple to avoid a court order distribution of property. However, the court can still make judgment similar to that of a divorce. For instance, a court could rule that a spouse pay spousal support even though the couple is separated and living in two separate dwellings. A court can set rules regarding child custody and visitation similar to a divorce case. Just because a couple is seeking legal separation doesn't mean the courts stop working in the best interest of the children. Therefore, the courts take into consideration eight factors set by statute (750 ILCS 5/602) to determine the child custody arrangements. Dealing with a separation and possible divorce can be emotionally overwhelming. Often a person can become unsure of what to do and what course of action to take. Illinois residents considering a legal separation or looking for answers to questions concerning divorce should contact a legal separation attorney for a free consultation.

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Second Marriage Not a Guarantee

 Posted on May 20, 2013 in Divorce

It is helpful to learn from our mistakes, and to become better people for them. In a marriage, when it fails, one might think they have become experts on what did not work. So when the opportunity arises for a second marriage, these so called experts think they have it all understood. However, second marriages are more likely to end in divorce than first marriages. What can you do if you want to jump into the marriage pool again? Check out these quick tips, and consider a prenuptial agreement as you read on to protect yourself in your second marriage. It is easy to find someone and think they fit everything you have ever wanted. Maybe even comparing them to your previous spouse makes the temptation to marry even more beautiful. However, getting to know your future spouse is crucial. It does not have to be specific a length of time, per se, but rather, understanding each other’s culture, expectations, family, child-rearing techniques, money, religion and social beliefs. Believe it or not, they can easily tear a couple apart if they are not on the same page. Understand what did not work in your previous marriage – maybe even make a list. Discuss your ideas on relationships with your future partner so they understand your perspective and how to help avoid previous issues. Just jumping into a new marriage thinking it will be a clean slate and not have the same issues is not smart. By being open and honest can give the two of you a great way of figuring out expectations of each other and moving forward together in a positive, healthy way. Marriage is wonderful, but it is totally understandable for one to be apprehensive the second time around. Maybe a prenuptial is a good route for you and your new spouse to have to ensure your assets and expectations. Contact a Kane County family attorney today for more information.

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The Worst Mistakes to Make During a Divorce

 Posted on May 16, 2013 in Divorce

Divorce can often be very stressful. The stress can make us make illogical and dangerous mistakes. People often fail to prepare themselves emotionally for a divorce and they can have trouble controlling their emotions, which can lead to serious mistakes during the divorce process. A recent article in the Huffington Post lists the following five worst mistakes people make in a divorce. 1. Refusing to throw in the towel. While it is often a good idea to do everything you can to save your marriage, you need to know when to give up. If your spouse insists on a divorce, throwing in the towel is smart. You can’t save your marriage alone. 2. Giving in to withdrawal pains. It may be hard to move on with your life after the divorce. A person may experience “withdrawal pains”, and send constant e-mails and texts to their former spouse. This is not advisable, however, because your ex might see this as harassment, which is illegal. 3. Dating too early. Although you may feel lonely after a divorce and want to meet someone new, dating too early is ill-advised. You are most likely going through many emotions, and the new person in your life will probably just make the healing process harder. You may also make bad decisions while you are not yet fully yourself. 4. Putting the kids in the middle. Sometimes parents talk trash about the other parent, or make it hard for the other parent to see the kids. However, when you drag your kids into the divorce conflict, everyone loses, especially your children, who may suffer depression and anger as a result. 5. Neglecting to get help. Divorce is never an easy process. You should never go through it alone. By talking to someone close to you, it is possible to avoid the emotional pain that often comes with divorce. Don’t make the mistake of not getting help. If you are considering divorce, contact a capable Illinois family law attorney today.

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NFL Player Leroy Hill Faces Domestic Violence Charges

 Posted on May 13, 2013 in Family Law

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Financial Mistakes during Divorce

 Posted on May 08, 2013 in Divorce

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Is a Prenup Necessary?

 Posted on May 03, 2013 in Divorce

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Dr. Phil: Children’s Needs during a Divorce

 Posted on April 29, 2013 in Divorce

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Orders of Protection

 Posted on April 26, 2013 in Family Law

Order of Protection is the legal term for a “restraining order,” which is a document signed by a judge that states that a specified person must stop a certain behavior and stay away from the person who asked for the order. The person who asked for the order is the petitioner and the person who is served with the order of protection is called the respondent. Filing a petition for an Order of Protection is the first step in getting an order of protection. In the petition, the petitioner must state why they are asking for the order against the defendant. Specific “incidents of abuse” are also noted in a section of the petition that describes past events that have led to a need for an Order of Protection. After consideration of the petition, the judge will choose to grant and Order of Protection or not to grant one. There are three different types of Orders of Protection that can be granted, including:

1. Emergency Order of Protection

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Divorce Alimony in Illinois

 Posted on April 22, 2013 in Alimony / Maintenance

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Legal Separation | Kane County family lawer

 Posted on April 18, 2013 in Divorce

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