Posted on November 19, 2021 in Divorce

Even though smartphones are a relatively recent invention, they have become an essential part of many people’s daily lives. Using a phone to send text messages, perform online searches, look up directions, and complete other activities can be very convenient, but one of the primary benefits these devices offer is the ability to connect with and communicate with others. Browsing social networking sites such as Instagram, Facebook, TikTok, and Twitter, sending messages to friends and acquaintances, and posting photos, videos, and status updates are all activities that people do on a daily basis. However, for those who are going through a divorce, these activities may have some unintended consequences. By understanding how certain uses of social media may affect the divorce process, you can avoid doing anything that may make it more difficult for you to end your marriage quickly and efficiently.

Social Media “Don’ts” During Your Divorce

As you work to resolve the issues that must be addressed when ending your marriage, you will want to be sure to avoid the following:

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 Posted on November 17, 2021 in Legal Separation

Married couples who are experiencing relationship issues have multiple legal options. For some couples, legally terminating their marriage through divorce may be the best solution for everyone involved. However, a couple may not be ready to take this irrevocable step, or they may wish to maintain certain benefits that come with being married. Legal separation may be an alternative option in these cases. When determining which approach to take, a couple will need to weigh the benefits and drawbacks of each option.

Pros and Cons of Divorce and Legal Separation

A divorce will dissolve a couple’s marriage, ending their legal partnership and allowing spouses to go their separate ways. While a legal separation will address many of the same issues as a divorce, a couple will continue to be legally married. The processes followed during divorce and legal separation are similar, and in both cases, a couple will need to reach agreements on issues such as the division of marital property, child custody, and spousal maintenance. If they cannot agree on certain issues, a family court judge may decide how these matters should be handled.

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 Posted on November 11, 2021 in Child Custody

When parents get divorced, decisions related to child custody will be some of the most important issues that they will need to address. In a previous blog, we looked at how a joint parenting agreement will need to include details about legal and physical custody of children. However, in addition to these larger issues, a parenting plan will need to address multiple other details about how parents will work together to raise their children going forward. By understanding what a parenting agreement will include, parents can make sure they will be prepared to address ongoing concerns related to their children in the years to come.

Additional Terms of a Parenting Agreement

In addition to making decisions about the allocation of decision-making responsibilities and including schedules for parenting time, a parenting agreement will address issues such as:

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 Posted on November 05, 2021 in Child Custody

While many couples are able to remain happily married from the date of their wedding until the death of one or both spouses, a significant percentage of marriages end in divorce. Many of these couples have children together, and during the divorce process, they will need to determine how custody of their children will be handled. Even though they will no longer be united together in a legal relationship, most divorced parents will still have to work together to make sure their children will be able to grow up and lead happy and healthy lives. By understanding what shared custody looks like, parents can prepare for the years to come and make sure they will be able to meet their children’s needs going forward.

Sharing Legal and Physical Custody in Illinois

In the majority of divorce cases, parents will both play an ongoing role in their children’s lives. Situations where one parent maintains sole custody of children are rare, although this may be appropriate in situations involving domestic violence or other cases where children’s physical or emotional well-being may be at risk. However, it is also relatively rare for custody to be divided exactly down the middle, with children spending equal amounts of time in each parent’s home and parents always collaborating to make decisions about how children will be raised. Most cases are somewhere in between these two extremes, and parents can craft a parenting plan that will make sure they both play a prominent role in their children’s lives.

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 Posted on November 03, 2021 in Divorce Over 50

Originally published: January 17, 2018 -- Updated: November 3, 2021

UPDATE: In addition to considering the issues discussed below, a person will need to be sure to understand how issues such as property division or spousal maintenance will be addressed when divorcing a spouse with dementia. This will ensure that a spouse who cannot provide for themselves will have the necessary financial resources, while also making sure the other spouse will have the ability to meet their own needs going forward.

Spouses have the right to the equitable division of marital property when they get divorced. Even if a spouse has dementia and is unable to manage their own finances, they will still have the right to receive their fair share of the marital estate. The other spouse and a person serving as the guardian or representative of the spouse with dementia may be able to negotiate a workable property settlement. For example, financial assets may be allocated to the spouse with dementia to ensure that they will be able to reside in a nursing home and receive the proper care, while the other spouse may retain ownership of the family home, a vehicle, or other property.

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 Posted on October 28, 2021 in Divorce

Married couples who choose to get a divorce will need to address multiple legal issues, including how to divide their marital property. Determining a fair and equitable division can often be a complex matter, especially if one or both spouses own a business. In these cases, a business valuation will need to be performed, and if a business is part of the marital estate, a couple will need to divide business assets alongside other property. Those who own professional practices will often be concerned about whether they will be able to continue owning and operating their business after getting divorced. Determining the proper value of these practices is an essential part of the property division process, and the goodwill associated with a practice may need to be considered.

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 Posted on October 25, 2021 in Family Law

Most people are familiar with the idea of prenuptial agreements, which are legal agreements made by couples who are planning to get married. While prenups are often thought of as tools used by celebrities or wealthy people, they can provide benefits in many other situations. For couples who do not have a prenup or who wish to make additional agreements based on changes to their circumstances, postnuptial agreements can provide similar benefits. By understanding the situations where a postnup may be a good idea and working with an experienced family law attorney, spouses can use these types of agreements to address their needs.

Cases Where a Postnup May Be Used

A postnuptial agreement may address how certain types of issues will be handled if a couple chooses to get a divorce or legal separation, including making decisions about the division of marital property or spousal support. An agreement may also address other issues, such as each spouse’s right to make certain types of financial decisions during their marriage. A postnup can be beneficial in situations such as:

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 Posted on October 18, 2021 in Paternity

Every child deserves to be cared for by loving parents, and a child’s mother and father both have obligations to support their child and ensure that the child’s needs will be met. Parents have the right to be involved in raising their child and spend time with them on a regular basis. While this right may be automatically established for some parents, others may need to take steps to legally establish paternity. Doing so can ensure that the rights of the parents and the child will be protected.

Situations Where Parents May Establish Paternity

A presumption of paternity exists when a mother is in a marital relationship with a spouse. If the mother is legally married when her child is born, her spouse is presumed to be the child’s parent, and no action will need to be taken to ensure that the other parent has legal rights toward the child. This presumption also exists if a mother’s marriage ended within 300 days before her child was born, including in cases involving divorce, legal separation, annulment, or the death of the other spouse.

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 Posted on October 14, 2021 in Alimony / Maintenance

There are a variety of financial issues that can affect a couple during a divorce. In some cases, one party may ask for financial support from their former spouse because they believe that they need assistance to cover their ongoing expenses. This form of support is known as spousal maintenance in Illinois, although it may also be referred to as alimony or spousal support. Spousal maintenance will not be appropriate in every situation, and it is generally only awarded if a spouse can demonstrate that they need assistance meeting their ongoing needs and that the other spouse has the ability to pay support. By understanding the situations where spousal support may be appropriate, spouses can ensure that they are addressing this issue correctly during the divorce process.

Cases Where Spousal Support May Be Needed

Spousal maintenance is meant to allow both parties to maintain the standard of living they were used to while they were married. If spousal support is awarded, the amount that one spouse will pay to the other will be determined by using a formula that takes both parties’ incomes into account, and the length of time that payments will last will be determined based on the length of time the couple was married.

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 Posted on October 12, 2021 in Order of Protection

Family members who have experienced domestic violence have options for addressing their safety, including requesting an order of protection. In recent blogs, we looked at when a person may be able to receive an order of protection and the types of protective orders that are available. It is also important to understand the specific protections that an order can put in place.

Remedies in an Order of Protection

There are a number of “remedies” that may be included in an order of protection. A judge will determine what measures are necessary to prevent any further acts of abuse and ensure that the petitioner and their family members are safe from harm. These remedies may include:

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