Posted on December 10, 2021 in Divorce

Drug and alcohol addiction touches the lives of millions of people in Illinois and throughout the United States. If your spouse has a substance abuse problem, you know first-hand how impactful addiction can be on a family. Sadly, many marriages cannot survive the turbulence brought on by an addiction.

If you have decided to end your marriage and your spouse suffers from alcoholism or addiction, the road ahead may be bumpy. However, there are steps you can take to make the divorce process go as smoothly as possible.

Retain Experienced Legal Counsel

A spouse’s drug or alcohol addiction is sure to complicate any divorce. Nearly every aspect of the divorce process can be affected, including child custody, the division of marital assets and debts, and child support. Make sure to work with an attorney experienced in divorce cases involving substance abuse or addiction. Your lawyer will ensure that your rights are protected and act as your legal advocate throughout the divorce.

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 Posted on November 23, 2021 in Divorce

Divorce involves much more than ending the marriage relationship. Divorcing spouses must also allocate the property they have earned throughout the marriage. If you or your spouse own business interests, real estate, stocks, investments, and other complex assets, property distribution will be especially challenging. Spouses have a right to an equitable share of the marital assets during divorce, however, some spouses try to cheat the other spouse by lying about financial concerns during a divorce. Hiding assets is unlawful and it can impact the outcome of your divorce dramatically. It is important for spouses to recognize signs of financial fraud during divorce and take swift action.

Signs Your Spouse May Try to Lie About Finances During Divorce

Nearly every aspect of the divorce process is influenced by finances. The distribution of assets and debts, child support, and spousal maintenance or alimony are all directly impacted by the spouses’ financial resources. Some spouses try to gain an advantage by undervaluing assets, overvaluing debts, or failing to disclose assets. If you are getting divorced, make sure to look for signs your spouse may be hiding assets or otherwise trying to manipulate the outcome of your divorce:

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 Posted on November 19, 2021 in Child Support

Stay-at-home moms and dads who get divorced face a unique set of circumstances. For many parents, the justification for staying home with the kids was largely based on the other spouse’s income. If you are a parent who has sacrificed a career to care for your children full-time, you may be worried about the financial implications of divorce. You may also worry about how you and your children will adjust to life after the separation. There is no getting around it: Divorce as a stay-at-home parent is complicated and emotionally taxing. Fortunately, Illinois law provides options that may help.

Temporary Relief Orders Can Provide Financial Support and Stability

Unfortunately, many stay-at-home parents stay in unhappy or even abusive marriages because of concerns about money. If a parent has not held a job in several years, they may worry about having the financial means to leave their spouse. If you are in this situation, you should know that you may be able to get financial assistance from the other spouse through a temporary relief order.

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 Posted on November 15, 2021 in Divorce

The internet has become a huge part of most people’s everyday lives. We can pay our bills, shop, or even get a degree, all from our home computer. If you are thinking about divorce, you may wonder if you can reduce divorce costs and speed up the process through an online divorce or “do it yourself” divorce. While the idea of a DIY divorce may initially seem attractive, many people who choose this route are met with unforeseen consequences.

DIY Divorce Services are One-Size-Fits-All

Getting divorced is one of the most significant things you will ever do. The financial, legal, and personal implications of your divorce will likely affect you for years after the split.  So-called “online divorce” usually consists of little more than forms that you can fill out with basic information. These divorce services are one-size-fits-all and do not take into account the particulars of your situation

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 Posted on October 26, 2021 in Divorce

Developing a parenting plan is often one of the hardest parts of an Illinois divorce. If you are a divorcing parent, you may have many different questions and concerns about child custody. You may be worried that you will not get to spend enough time with your kids after divorce. You may also have questions about your rights as a parent under Illinois law. One aspect of the parenting plan many people misunderstand or overlook is the “right of first refusal.”

Parenting Time Schedules in an Illinois Divorce

Illinois law no longer refers to “child custody” and “visitation.” Instead, the law breaks parenting duties into two components:

• Parental responsibilities – Parental responsibilities are how parents make decisions about their children such as where the child goes to school or the types of medical care the child gets.

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 Posted on October 20, 2021 in Divorce

The complexity of a divorce case depends on how quickly and easily spouses can resolve divorce issues. Spouses must divide debts and assets, handle child-related concerns like child custody and child support, and determine if one spouse will pay spousal maintenance to the other. When a couple owns a business or professional practice or other complex assets, property division will be much more involved. Disputes regarding parenting time and responsibilities can also complicate the divorce process considerably.

In situations such as these, spouses have several options: They can pursue traditional divorce litigation or they can use an alternative divorce resolution method like collaborative law.

What is a Collaborative Divorce?

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 Posted on October 06, 2021 in Divorce

Every parent dreams of the perfect family. Unfortunately, many parents reach a point where they realize that getting divorced may be the best option for them and their children. When kids are constantly exposed to their parents’ hostility and disagreement, they can suffer emotionally, developmentally, and academically. For some families, divorce is the right option.

If you are ready to call it quits on your marriage and get divorced, you have probably spent a good deal of time thinking about how to tell the children. When is the best time to tell children about divorce? How much information should I tell them? What if my spouse is not ready to announce the separation?

Plan the Conversation Carefully

Telling your children that you and their other parent are divorcing is one of the most important conversations of your life. Consequentially, it is important to decide in advance what you will say and when. Experts explain that it is best to wait until you are absolutely certain before you tell the children about the divorce. If possible, sit down with your soon-to-be-ex and all of your shared children and have the conversation as a group. If you have children of varying ages, you may need to go back and have age-appropriate follow-up conversations with each child specifically. However, the first announcement should occur with every child present. Telling one child before the others can make them feel as if they have to lie to their siblings – which can increase their stress.

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 Posted on October 01, 2021 in Property Division

People often assume that the emotional and personal aspects of their divorce will be the hardest issues to deal with. However, many are surprised to learn just how complicated the financial and logistical parts of the divorce are. The division of marital property can be particularly complex – especially if the spouses have high incomes or own complex assets. If you are planning to divorce in Illinois, you may have questions about what property belongs to you, what belongs to your spouse, and what property is contained in the marital estate.

Marital and Non-Marital Property

Per Illinois law, assets and income that a spouse earns while he or she is married is marital property contained within the marital estate. There are a few exceptions to this rule, including inheritance and gifts. Property that a spouse owned before getting married is separate property and belongs solely to that individual during divorce.

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 Posted on September 27, 2021 in Child Support

Disabilities come in all forms. Some disabilities, such as cerebral palsy or spina bifida, are often immediately apparent. Other disabilities, like autism, are invisible to a casual observer. Whatever the specific disability, having a disabled child can be extremely challenging for parents. Many disabled children require specialized medical care, education, and assistive devices. Parents may also need to forgo working outside of the home to care for a disabled child. This can lead to significant financial stress. For unmarried or divorced parents, child support payments can help cover these costs. However, what happens when a disabled child becomes an adult?  

Continuing Child Support After Adulthood

Child support typically ends once a child reaches adulthood and/or completes an undergraduate degree. At this point, the child is expected to provide for his or her own needs. However, a disabled child may be unable to reach the same level of financial independence as a child without a disability. Fortunately, Illinois law reflects this reality. Parents with disabled children may be able to receive non-minor support or child support that continues past childhood.

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 Posted on September 22, 2021 in Divorce

You may have heard that experts consider divorce to be the second-most stressful life event a person can endure. Divorce is second only to the death of a spouse in terms of emotional and psychological pain. Understandably, many divorcing spouses are eager to get the divorce process over with so that they can move on to a happier post-divorce future. If you are ending your marriage in Illinois, you may ask, “How long will it take?”

Factors that Influence the Duration of a Divorce Case

Each divorce is unique. Countless factors can influence the length of a divorce, including:

• The amount of conflict regarding divorce issues – Couples who agree on the terms of their divorce are in for a much faster resolution than couples who disagree. You and your spouse may be able to reach an agreement about who should keep the marital home, how to divide marital property, and other divorce concerns on your own or with help from a divorce lawyer or mediator. If you cannot agree on these issues, you may reach a resolution through collaborative divorce or litigation. A skilled divorce lawyer can sit down with you and help you figure out the best way to address disagreements about divorce issues.

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