Posted on January 28, 2021 in 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

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 Posted on January 21, 2021 in Property Division

If you are like the majority of people, divorce is the absolute last thing on your mind when you are standing at the altar, ready to say, “I do.” Unfortunately, statistics show that a fair amount of marriages still do end in divorces. According to data from the National Survey of Family Growth, an estimated 22 percent of first marriages will experience divorce or separation within the first five years of the marriage. That chance increases the longer you are married, with an estimated 53 percent of first marriages ending in divorce or separation within 20 years of marriage. A divorce involves many areas of your life, with one of the biggest aspects being finances. Often, an area of contention between spouses is how property will be divided, which is why it is recommended that you consult with an Illinois property division attorney to ensure you know your rights.

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 Posted on January 14, 2021 in Child Support

A common concern that parents have when they get divorced (or separate from one another if they were never married) is whether or not they will each be able to financially support their child, now that the other’s finances are no longer in the picture. Both parents are obligated to provide financial support for their child, even if they share custody of the child, which is where child support comes into play. A child support amount can be agreed upon by the parents, but the Illinois Marriage and Dissolution of Marriage Act (IMDMA) puts forth guidelines as to the minimum calculations for the support that each child is entitled to. It is important for you to understand how these calculations work, especially if you are getting a divorce in Illinois and you and your spouse have children together.

Finding Your Basic Support Obligation

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 Posted on January 08, 2021 in Divorce

When you own your own business, that business is your livelihood. For many small business owners, their business is like a baby they take great pride in producing, nurturing, and growing. However, all of that growth and success is jeopardized if you or your spouse seeks a divorce. Even if your spouse was never necessarily involved in the functions of the business, there is a possibility that he or she is entitled to a portion of the business’s value simply because of your marital status. Financial decisions made during your divorce can affect you for the rest of your life, so you should consult with a lawyer before you do anything. A skilled Illinois asset division and business valuation attorney can help you determine how you should handle your business when you are going through a divorce.

What to Do With Your Business

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 Posted on December 31, 2020 in Collaborative Law

Over the years, the trends and typical practices in family law have changed and evolved as society has. Decades ago, it was common for a couple to take their divorce to a judge to have him or her sort the issues out, rather than resolving the issues out themselves. Now, most divorce court systems across the country encourage couples to work with one another as much as possible to create a divorce settlement that is mutually agreeable. One such practice that has been shown to greatly increase the success rate of uncontentious divorces is utilizing the collaborative divorce process. 

Benefits of Collaborative Divorce

While some couples may be on the same page when it comes to getting a divorce, the unfortunate truth is that most couples will not be. Most of the time, one partner (typically the one who did not initiate the divorce) is much more hesitant and can even be more adversarial than the other partner, making the divorce process that much more difficult. The collaborative divorce process offers a way for both spouses to work together with their attorneys and a team of supporting professionals in a cooperative manner to produce a divorce agreement. For many couples, the collaborative divorce process carries many benefits that can greatly enhance and improve their divorce experience. These benefits include:

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 Posted on December 21, 2020 in Spousal Maintenance

One of the most stressful and frustrating aspects of divorcing your spouse is the financial aspect of the situation. For some couples, the money side of the divorce may not be of much concern, but for most couples, getting a divorce puts a real financial strain on both parties. According to Bankrate, the average cost of a divorce is around $15,000, but the final price tag could be upward of $100,000 in extremely contentious divorces. That is a hefty bill for anyone to foot, especially for those who are disabled or who have been homemakers and who have not held a career. In some situations, spousal maintenance, also known as alimony, can be paid by one spouse to another to help with living expenses. However, spousal maintenance is not awarded in all divorce cases.

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 Posted on December 14, 2020 in Divorce

In many ways, divorcing when you and your ex have children together is much different than divorcing and just worrying about yourself throughout the process. When you get a divorce and you have children, there are various elements of your divorce that differ, or that are now required during your divorce process. One of the most important elements of any divorce that involves children is the parenting plan, which must be submitted to the court and approved before the divorce can become final in Illinois. The parenting plan is an important element in setting forth rules for co-parenting, parenting time schedules, significant decision-making responsibilities, how child-related expenses will be shared, among others.

Basic Requirements for Your Parenting Plan

Parenting plans are a requirement that the state of Illinois has set forth for all divorcing couples who have children, but they can actually be a helpful tool when transitioning to a co-parenting relationship. Your parenting plan will serve as the blueprints for how you and your ex should approach co-parenting after your divorce is finalized. The state has a list of elements that all parenting plans must contain at a minimum, but you have the ability to add as much detail as you would like to your parenting plan. 

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 Posted on December 08, 2020 in Divorce

If you have ever seen any television show or movie about a couple involved in a divorce, you have probably seen the typical depiction of the pair arguing over who gets things like the home, the cars, certain household items, or even custody of the children. Many people going through a divorce, even in real life, forget about what is often one of their most valuable and important assets -- their retirement fund. In Illinois, you and your spouse are required to divide the value of any asset that is considered to be a marital asset, which could include a portion of both you and your spouse’s retirement fund. An Illinois divorce lawyer can help you understand your rights to any retirement funds that you or your spouse may own and how to establish ownership to those funds.

Determining if the Plan Is Marital Property

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 Posted on November 30, 2020 in Divorce

When you tell someone that you are getting a divorce, their first question is often, “Why?” There are a million reasons why couples get divorced, ranging from infidelity to dissatisfaction, to domestic abuse. Prior to 2016, the state of Illinois allowed couples to choose between filing a “no-fault” or “fault” divorce, in which reasons such as adultery and alcohol or drug abuse could be used to place blame for the divorce on one of the spouses. Now, only “irreconcilable differences” are cited as being the reason for a divorce, so as not to assign blame to either spouse. However, couples can still be considered to have a contested or uncontested divorce, depending on the level of cooperation between the individuals. Filing an uncontested divorce has many benefits, like saving time and money, but it is not always feasible for everyone.

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 Posted on November 23, 2020 in Divorce

Each year, there are millions of divorces that take place across the country. According to the National Center for Health Statistics, the latest data shows that there were an estimated 2.9 divorces for every 1,000 people in the United States in 2018. While that number has decreased somewhat since 2000—when the rate was an estimated 4.0 divorces for every 1,000 people—divorce still remains a common occurrence in our country. Many of these divorces involve children and bring along a litany of issues that must be settled because of it. Parents often wonder how their divorce will affect their children and what they can do to prevent any effects from taking hold. If you are going through an Illinois divorce with your children, here are a few things you should keep in mind:

• Avoid fighting in front of your children at all costs. It is not the divorce itself that is the cause of the stress and other long-term effects in children, such as anger, depression, and school/social difficulties. Multiple studies have shown that it may actually be exposure to conflict and arguments that cause these negative consequences to take root. You should try to avoid arguments or other fights until you and your spouse are away from your children or alone.

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