Posted on February 08, 2021 in Children and Divorce

During a divorce, each spouse is likely to experience a range of emotions, including grief, anger, regret, and feelings of betrayal. Sadly, the typical divorce process often exacerbates these negative emotions by seemingly placing the divorcing parties on opposite sides. Tempers can flare, and each spouse may focus on what they will walk away with once the divorce process is complete rather than working toward the best possible outcome for both parties.

When you add children into the mix, a contentious situation can become even more difficult, especially for the children who still love both of their parents. In fact, the damage can be so extensive that it carries on into the children’s adult lives. However, this does not have to be your children’s reality. You and your spouse can choose differently in your divorce and take an approach that focuses on your children’s interests.

Creating a Child-Centered Divorce

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 Posted on February 03, 2021 in Divorce and Finances

A divorce can be a stressful and contentious matter, and not just because of the impending end of the relationship. Financial matters are also particularly important in divorce, and they can have a lasting effect on each party’s quality of life. If you are planning on filing for divorce or have recently been served, beware of these money issues in your case and learn how an experienced divorce lawyer may be able to help protect your interests and financial future.

Housing and Living Expenses

When couples split, one typically leaves the family home. The other might stay, or the couple might agree to sell the home and have both parties vacate the premises. Regardless of the living arrangements that you agree to, you should prepare for a possible increase in living expenses. You should also consider how a decrease in income—a common by-product of divorce—will affect your financial situation. As an example, you might consider downsizing before the proceedings begin if maintaining the family home is not a viable option.

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 Posted on January 29, 2021 in Divorce

The divorce process is rarely, if ever, a pleasant experience, but not every divorce is an extraordinarily contentious fight. Even if your spouse has a tendency toward creating drama and conflict, there are a few things that you can do to prevent the situation from getting out of hand. Keeping your divorce as civil as possible is in your best interest, as well as that of your spouse, because with more conflict comes more time, energy, and money spent on resolving the issues at hand.

Think Before You Speak

When you are going through a divorce, you and your spouse will each go through a wide range of emotions, and you are likely to be at different points on the emotional spectrum at any given time. There is a good chance that your spouse will say or do at least a few things along the way that upset you, some of which may even be intentional. The same is probably true in reverse. Before reacting, however, it is a good idea to pause and take a mental step back.

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 Posted on January 29, 2021 in Divorce

In the state of Illinois, the only way to get legally married is by obtaining a marriage license and having a legal ceremony before a duly appointed officiant. However, other states still allow for the practice of common-law marriage, and if a couple moves to Illinois after being married under common law in another state, Illinois will recognize that marriage as legal. Regardless of how a couple was legally married, the only way to end a marriage in Illinois is through the legal process of divorce, and this can raise some unique complications for couples with common-law marriages.

Illinois and Common-Law Marriage

Generally, a common-law marriage is a situation in which the couple holds themselves to be married in public, has lived together for a substantial amount of time, and has acted in ways typical of a legally married couple, such as owning property together, filing taxes jointly, or taking the partner’s last name. This list of states that still allow such marriages is small, but in those states, a couple that becomes married under common law has the same benefits and responsibilities as a couple who was formally married in a legal ceremony. These benefits and responsibilities can be upheld even when the couple moves to a state such as Illinois that does not allow common-law marriage.

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 Posted on January 26, 2021 in Child Custody

The COVID-19 health crisis has affected the lives of virtually all Americans, closing down businesses, schools, and even courthouses across the country. Health experts have long indicated that the shutdowns were and are necessary to slow the spread of the coronavirus, but the response has forced many Illinois parents to amend their existing parenting plan and left significant questions about handling shared parental responsibilities.

For example, if you are subject to a shared parenting time arrangement, you may be wondering how you are supposed to handle a situation in which the other parent is not taking social distancing, self-isolation, or mask-wearing directives as seriously as you are. Unfortunately, there are no hard and fast answers to be found during this unprecedented situation, but there are a few things that you should try to do if possible.

Follow Your Existing Order If You Can

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 Posted on January 20, 2021 in Child Custody

Following a divorce, if you had previously assumed the surname of your spouse, you have the option of returning to your birth or maiden name. This request can be included in a divorce petition, and it will typically be approved by the judge.

To change your name later on, or to change the last names of your children, a separate court order must be filed. Changing the names of your children you had with your ex-spouse is more complicated than changing your own, and having an attorney with experience in name change cases can help immensely.

Name Changes for Minor Children

According to the Illinois Code of Civil Procedure (735 ILCS 5), a request to change a minor’s name will be approved only if a judge finds that changing the child’s name is necessary to serve the child’s best interests. This means that the name change will not automatically be approved simply because you want your child to share your last name. The Illinois Parentage Act (750 ILCS 46) also contains a provision that allows a name change for a minor if both of the child’s parents agree to the change, but this statute is usually reserved for cases involving unmarried parents or if the child’s parentage is disputed.

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 Posted on January 18, 2021 in Divorce

When you have made the decision to get divorced, there are many things that you need to do to prepare for the process. Among these is finding a divorce attorney who is willing to advocate on your behalf and fight to protect your best interests if necessary. Once you find the right lawyer, you will want to meet and spend some time with him or her so your attorney can best represent you. The more information you provide, the better your attorney is able to handle your case.

As you go into the first meeting with your lawyer, there are a number of things that you should be sure to cover, including:

What Information Do I Need?

For your discussion with your lawyer, you want to bring documentation that illustrates your financial contributions to the marriage. Most commonly, this includes tax returns, proof of income, bank statements, stocks, bills, and insurance paperwork. You also want to include debt information, including outstanding loans. Take the time to collect documents such as tax returns, pay stubs, credit card bills, and insurance policies so that your lawyer can have a good starting point for building your case.

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 Posted on January 11, 2021 in Divorce

Divorce does not have to be bitter and expensive. In many cases, a couple has the basic agreement worked out before the divorce is even filed. This is generally known as an uncontested divorce, and such a resolution may be possible if you and your spouse are able to work together amicably. It is a good idea, however, to ask a qualified divorce attorney to at least review your agreement before you submit it to the courts.

Advantages of Uncontested Divorce

An uncontested divorce means that the two sides have no issues to argue over. They file jointly for a divorce and ask the court to approve the agreement they have already worked out. In some cases, the agreement may need to be amended slightly to address minor details, but the spouses have agreed in principle to make it work.

The main advantages of an uncontested divorce are that the two sides save themselves time, frustration, and money by agreeing to everything in advance. While both sides should have the help of a lawyer in drafting and reviewing any agreement, the attorney fees will often be much lower than in cases with multiple court hearings and piles of legal documents drafted.

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 Posted on January 06, 2021 in Children and Divorce

It is one thing to tell your spouse that you want a divorce. However, telling your children that you and their other parent will be divorcing is another thing altogether. While parents are likely to worry about how their divorce will affect their children, it can actually be the best option for both the adults and children. Rather than experiencing regular conflict and tension between parents, children can benefit from growing up in a less stressful environment. When breaking the news of divorce, parents will want to approach the conversation in a way that helps children understand and prepare for how their lives will change.

Talking to Younger Children

The approach to telling your children that you and your spouse are getting a divorce is going to differ depending on their ages. A younger child may have a harder time understanding what a divorce means, but they could have an easier time adjusting to the change. If your children are far apart in age, you may wish to discuss the divorce with each of them separately.

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 Posted on December 29, 2020 in Child Custody

Getting a divorce is not easy, especially when children are involved, and it is important to understand the decisions you and your spouse will need to make regarding your children. Prior to 2016, Illinois still used the terms physical custody, legal custody, and visitation when dealing with divorces that involved children. After substantial reforms to the Illinois Marriage and Dissolution of Marriage Act in 2016, there are now two major components that you must address if you have children and are seeking a divorce: parental responsibilities and parenting time. These changes were made in recognition of the way parenting actually happens in families. Rather than having one parent as the sole child-rearer, the law encourages parents to share parenting time and responsibilities.

Legal Definitions of Parenting Time and Parental Responsibilities

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