Recent Blog Posts
Helping your children transition to living in two houses
For children of divorcing parents there is a period of adjustment for them to feel comfortable and happy living in two houses. It is possible that, your children may already have some anxiety about the divorce and adapting to life in two households may increase their anxiety. However, as a parent you can employ some strategies that will make the transition less challenging for your children.
Children of Divorcing Parents Here are some strategies for helping your children adjust to living in two homes:
Focus on routines
Kids love stability so it is very important to maintain consistent routines for play, bedtime, homework, and meals. These routines do not need to be the same at each house. However, it is important to have consistent routines in each home.
Duplicate essentials across households
Moving to another house on a regular basis is stressful for children. Try to keep duplicates of necessary and cherished items for both households to reduce the effort in packing each time there is a move to the co-parent’s home. This may include toys, craft supplies, toiletries, books and more. When your child is moving back into your house it is very important not to express anger when your child forgets something. Living a two house life style is complex and your child will need time to build new habits.
7 Benefits of Divorce Mediation
If you are living in Oswego, Kendall County or the Naperville area and are considering Divorce, then you may want to consider Mediation as an option. Divorce mediation is a process where a neutral mediator assists both you and your soon to be ex in coming to an agreement on a divorce settlement. It’s a process that allows divorcing spouses to stay involved with the decision-making process during their divorce rather than rely on a court. For the most part the process focuses on cooperative problem-solving and addressing the needs of both you and your soon to be ex. Here are 7 benefits of divorce mediation:
- You have increased decision-making powers over the outcome of your divorce. You and your ex choose the primary topics that you want to negotiate and settle on. Then through cooperative negotiation the two of you create a divorce agreement that aligns with the unique needs of your family. You and your ex are no longer forced to work within the strict guidelines of the litigation system which gives the court the decision making power over your final divorce agreement. As a result the two of you can create a more detailed agreement that meets the specific needs of your situation.
Law Office of Ronald L. Hendrix, P.C.
At the Law Office of Ronald L. Hendrix, P.C., located in Naperville, Illinois, our goal is to listen carefully to our clients, recognize their interests and concerns, and assist them in achieving settlements that meet their best interests, especially those of their children.
If you are confronting divorce and divorce-related issues, you will be faced with many questions and concerns that you never confronted before. We feel it is very important to determine the right approach to take in a divorce. Many factors must be considered, and it is crucial for clients to have the information they need to make informed decisions throughout the process. We have created this blog to share information that we feel is valuable to readers in the various stages of divorce.
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Protecting the rights of unmarried fathers in Illinois
In Illinois, when a child is born to a married woman, the woman’s husband is automatically presumed to be the legal father of the child. However, when a child is born to an unmarried woman, the biological father does not have any automatic legal rights. This is true even if the child’s father is in a long-term relationship with the mother.
As such, it is extremely important for unmarried fathers to take steps to protect their rights when a child is born. Fathers should establish paternity as soon as possible. In addition, they should work with a family law attorney to create a parentage agreement that clarifies both parents’ rights and obligations with regard to custody, visitation, child support and other issues.
Establishing legal paternity
Illinois law recognizes three ways to establish legal paternity. The easiest way is for both parents to sign a Voluntary Acknowledgement of Paternity. In most cases, this will be provided to the parents when the child was born. If the parents do not sign the form at the hospital, they can get another copy online or from a Human Services, Child Support or County Clerk’s office.
Handling a Divorce Without Attorney Representation May Prove a Costly Decision for Divorcing Parties
When a couple decides to get a divorce, they begin to analyze the most common matters to be addressed such as division of property and accounts, spousal support, a schedule for sharing parenting time, and responsibility for debts as well as future expenses for children and college education. They will often begin to research divorce attorneys for representation, but may also consider handling the divorce on their own. “Pro Se” is a Latin phrase meaning “for oneself”, and therefore, if someone handles a divorce Pro Se, it means that they are representing themselves.
Divorce Attorney Representation The most common reason for a couple to explore handling a divorce on their own is financially motivated. Simply put, they want a divorce, and they want it to be as inexpensive as possible. Parties may feel that they have already worked out the terms of their agreements and do not want to hire an attorney when they feel they can do the paperwork themselves. Often it is just one of the divorcing parties who the proponent of going Pro Se, while the other may prefer to hire attorneys. In this case, it is important to consider if keeping the divorce cost low is your spouse’s only motivation for going Pro Se, or if it is an attempt to control the outcome of the settlement.
Tips for a successful divorce
It’s no secret that divorce is hard. For most people it’s one the most emotionally challenging times in their lives. As a Naperville divorce attorney for the last 18 years, I have found that clients who have successfully moved on with their life after divorce exhibit certain characteristics and behaviors. In this post, I offer a list of suggestions for achieving a successful outcome for your divorce.
Focus on your new life Tips for a successful divorce
Yes, divorce is tough. However, after a period of adjustment many people find that their new life is much better. It is important during the divorce process to focus on your new life, work towards new dreams, and most importantly let go of the past.
Stay positive and confident about yourself
Being divorced does not mean that you are a failure or that you’ve done something wrong. It simply means that your relationship with your spouse did not work out. This is not a time to get down on yourself. You are worthy of love and capable of living a great new life post-divorce. Stay positive!
10 Tips for Surviving Divorce
When faced with a divorce, you will encounter a variety of complicated legal issues: Who will keep the house? Where will our children live? How will we divide our credit card debt? With all the uncertainty in the divorce process it puts extra strain on your emotions. However, it is important to stay engaged and keep your focus on important details. List below are 10 tips to help you survive and thrive through the divorce process.
Compile Information
It is important to gather as much information as possible about what your spouse is doing. It is often common for one spouse to know very little about what the other has in regard to income, expenses, investments and retirement assets.
Make Copies of Everything
Once a divorce is under way; it is very common for documents to disappear. Formal discovery and subpoenaing bank records can be very costly, and you can save yourself a lot of time and money by making copies of everything you can get your hands on early.
What Are the Costs of Divorce and Who Pays?
The cost of divorce is one of most common questions we get asked, and unfortunately there is no simple answer to it.Costs of Divorce The cost can vary greatly depending on the initial level of agreement between the parties when they first start the divorce process, and it can vary greatly based on the amount of property and the nature of the assets to be divided. If the parties are in relative agreement on a lot of issues, the cost will be lower. If they have many issues to that are in conflict, such as kids, or a business, then the costs are going to be driven up just by the nature of the number of issues that have to be settled.
As for who pays for the divorce- generally people are responsible for their own attorney’s fees, but practically, it is all coming out of marital funds. Generally the court will order one person to pay another person’s attorney’s fees is when that party controls almost all the assets in the marriage. A typical example of that would be if one party did all the finances for the family, they paid all the bills, they had access to everything, and they maintain this control when the divorce begins. At that point it would be proper to petition the court to have the other party pay the attorney’s fees for the party who does not have access to the funds.
Who Pays for College After Separation or Divorce?
Under Illinois law college costs are addressed under Section 513 of the statute. That Section states that the court will look at the situation, the parties, each party’s respective income and their ability to pay. So if one party’s income is drastically higher than the others, they’ll likely have to pay a higher amount of the college costs.
The court will also look at the child’s ability to pay. It’s not uncommon for a court to essentially look at the parties and say one third, one third, one third, but if there are savings accounts that can be used first that were set up and designated for the child for college, all that will be taken into account. But, typically college expenses are not designated at the time of the divorce because it’s an issue that’s in the future and the statute recognizes that and anticipates that the parties’ situation at the time when college education costs become reality is the appropriate time to examine the parties’ abilities to pay.
New Laws Eliminate “Custody” from Parenting Plan Negotiation
On January 1, 2016, new laws regarding divorce and child custody went into effect in Illinois. At first glance, these new laws appear to have significantly changed child custody in the state. In fact, the very concept of “custody” has been replaced by the concept of “allocating parental responsibility” under the new legislature.
Child Custody and Parenting Plan In application, however, the law is still essentially the same. What the legislature has done is to update the statute to shift focus to what is in the best interests of the children. In the past, custody of parties’ children was considered something to be “won” or “lost”, therefore encouraging parties to argue over it. In the end, however, the vast majority of parents settle on a parenting agreement that provides for both parents having parenting time with their children, and both parents taking responsibility for certain day-to-day decisions and activities.