Recent Blog Posts
How Do I Tell My Children About My Divorce?
Many divorced individuals reported the conversation of asking for divorce as one of the most stressful conversations they have ever had. When you ask your spouse for a divorce, you are essentially telling your spouse that you are no longer in love with them, which can be hard for anyone to hear. Breaking the news of divorce can become even more difficult if you have children. Even though a divorce is an adult problem, children are often caught in the middle of the turmoil. The initial conversation you have with your child about your divorce can set the stage for how they will cope with the divorce throughout the process. When you go to have that conversation with your child, here are a few tips to use:
Act as a United Front With Your Spouse
Even though it may be the last thing you want to do, you and your spouse should act as a team when you have this conversation with your children. You should break the news of your divorce when both of you are together and all of your children are present. Work out and agree on what you will say beforehand so you can avoid any emotionally fueled or impulsive remarks.
3 Additional Expenses to Include in Your Illinois Child Support Order
Most people in today’s world would agree that raising a child is the job of both parents, rather than just one. However, when the parents are not together because of divorce or another reason, raising a child can become complicated, especially as it relates to the financial side of things. Raising a child is not cheap. According to the United States Department of Agriculture (USDA), parents spend, on average, approximately $233,610 to raise each child through age 17. Even though the living arrangements likely place the child with one parent for the majority of the time, the other parent will still be required to financially contribute to the child’s upbringing through child support payments.
Child Expenses That Should Be Included
The monthly child support payments are calculated in the same way for everyone, by using a standardized formula set forth in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The formula takes into account certain factors from both parents, such as income and the amount of parenting time each parent has and produces an amount that is usually paid by the parent with the least amount of parenting time to the parent with the most parenting time. Child support is intended to be used for the majority of the child’s needs, such as food and clothing, but there are other expenses that come up that your child’s other parent is also responsible for helping with, such as the following:
Will My Illinois Divorce Agreement Be Affected if My Ex or I Get Remarried?
There are dozens of things that you and your spouse will have to agree upon before you can finalize your divorce agreement. Some of the most contentious issues throughout many divorces are those dealing with two notorious topics -- finances and children. Things such as property division and child custody have the potential to turn a mildly agreeable divorce into one that is fueled by strong emotions, rather than reason. Even after you have come to a consensus, nothing is set in stone. Under certain circumstances, you may need to petition the court to modify your divorce agreement. One of the most common reasons for doing this is a remarriage by either spouse.
Remarriage and Child Custody
When it comes to child custody issues, such as parenting time and parental responsibilities, the remarriage of either parent can create the potential need to change the parenting time order or child support order. In nearly all cases, the child support order will likely never be terminated, but there is a possibility that the monthly amount could change. In Illinois, all child-related decisions are made using the child’s best interests. This means in a remarriage scenario, the actions taken are very situational depending on the family’s circumstances.
What Is the Difference Between Mediation and a Collaborative Divorce?
When it comes to choosing a process for getting a divorce, there is no one right or wrong answer for everyone. Some couples disagree on major issues such as property division and child custody so harshly that they end up stuck in hostile litigation, putting unnecessary stress on the whole family. Alternative dispute resolutions, such as mediation and collaborative law, can both provide a solution to divorce litigation and allow couples to settle their divorce outside of the courtroom. However, there are differences between the two methods. Choosing a process for getting a divorce is a very situational and personal decision that can be affected by many factors. Choosing a method that fits your family’s situation can save you a lot of stress in the long run.
Understanding Divorce Mediation
During divorce mediation, the couple works with a neutral, third-party mediator who helps them come to agreements on important topics that they disagree on. The mediator does not take the side of one spouse and does not try to influence either spouse’s decision in any way. The mediator may offer opinions and suggestions during the negotiations, but his or her main job is to act as an intermediary for the couple.
Can I Modify An Existing Child Support Order in Illinois?
In divorce cases that involve children in Illinois, one of the issues that must be addressed is child support. In Illinois, the financial duty of raising a child is not the responsibility of solely the custodial parent -- both parents have a legal obligation to financially provide for their children. Typically, the parent with the least amount of parenting time will pay the other parent support each month until the child’s 18th birthday or until they graduate from high school, whichever comes later. The amount of child support that each parent is responsible for is determined by using a formula that takes into account both parents’ incomes and parenting time shares. Over time, the factors used in that equation or your life circumstances may change and the amount of child support currently being paid may no longer be sufficient. Fortunately, it is possible to modify your support order in Illinois.
Helping Your Children Through the Stresses of Divorce
Divorce is a difficult topic for everyone to stomach. For adults, divorce can be unpleasant to talk about and distressing for the couple who is actually going through the divorce. When you add children into the picture, it can become a much more delicate situation to handle. For children, being in the middle of their parents going through a divorce can be scary and unnerving. Many parents worry about how their kids will cope with their divorce, but children tend to be more resilient than we give them credit for. Studies have shown that children tend to grow up to lead happy and healthy lives as long as their parents did not subject them to regular conflict. There are many things that you can do as a parent to help your children through this difficult time in both of your lives.
Tips for Easing the Transition
Here are a few things you can do to help your child cope with the difficulties that can come with your divorce:
The Most Common Mistakes Made During an Illinois Divorce
Divorce is one of the hardest things a person will ever go through. While it presents personal challenges, divorce is a legal process and is governed by many different laws. When getting a divorce, not everyone understands these laws and therefore, they make mistakes that greatly affect their case. An experienced divorce attorney can help people avoid these mistakes, and provide sound legal advice for anyone who is ending their marriage.
Choosing the Wrong Type of Divorce
People going through a divorce often envision a costly and lengthy battle that takes place in a courtroom. However, that is not the only way to get a divorce today. In Illinois, couples can enter mediation or the collaborative process, both of which can greatly reduce the conflict of divorce and give you more control over the process.
What Makes a Divorce “Complex” in Illinois?
In Illinois, there is such a thing as the simplified joint marriage resolution procedure, or simple divorce, commonly referred to as an uncontested divorce. However, many couples opt to litigate their divorces since there are usually some or many things that require negotiations, including property and debt. When these contested divorces include added complications, such as major concerns about children, high-value assets, and business ownership, they are considered complex divorces. In general, the following five concerns could make your divorce far more of a complex divorce compared to a simple divorce or typical divorce.
5 Issues That Can Complicate Your Divorce and Make it Complex
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Valuable Assets—High-asset divorces might include high-value property, collector’s items, or accounts, among other things. In those cases, dividing the property takes on a heightened sense of financial substance by its sheer volume. Big-ticket items can include boats and million-dollar houses to heirlooms and other valuable items. In addition, retirement accounts and pensions as well as major investments and banking accounts may all require forensic accounting to get to the fairest and equitable decision during such a complex divorce.
Tips for Negotiating an Illinois Parenting Plan With Your Ex-Spouse
When it comes to divorce, there are many issues that have the potential to cause quite a bit of conflict between the two individuals involved in this divorce. From property division to child support, these issues appear in nearly every Illinois divorce case. However, the issues that have the most potential to cause an argument for many couples are those that have to deal with the children. Creating a parenting plan can be a long and daunting process for parents who do not get along, but parents are typically much happier and have a better chance of sticking to the parenting plan when they are able to negotiate the terms of said agreement amongst themselves. Although this is easier said than done, there are ways to achieve a positive outcome for everyone involved.
Are My Spouse and I Eligible to File for a Simplified Divorce?
Much like our views about many other things in society, our opinions of the divorce process can look different to everyone depending on the circumstances surrounding your case. There are many ways you could go about getting a divorce in Illinois -- the traditional litigated way, in which you may end up in front of a judge in a courtroom and through the collaborative method, which requires cooperation between spouses, among others. In particularly contentious divorces that are relatively “simple” in nature, the spouses may decide to agree on the divorce settlement because they just want the process to be over. For some couples, Illinois’ joint simplified dissolution procedure could be the answer to a quick, relatively simple, and low-stress solution.
Understanding Illinois’ Joint Simplified Dissolution









