Posted on April 14, 2020 in Uncategorized

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.

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 Posted on April 14, 2020 in Uncategorized

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.

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 Posted on April 14, 2020 in Uncategorized

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.

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 Posted on April 14, 2020 in Uncategorized

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.

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 Posted on April 14, 2020 in Uncategorized

If you hadn’t heard of the adultery website called Ashley Madison (ashleymadison.com) before last Tuesday, chances are you’ve heard about it now. The recent news about the breach of the private data collected by this website, whose tagline is “Life is short. Have an affair.”, has caught the attention of the news media, many potentially guilty spouses, and divorce attorneys everywhere.

Reportedly, personal details of Ashley Madison members were hacked last month by a group known as The Impact Team, and the group threatened to make this information public. Though initially there was skepticism by investigators about the validity of the breach and threats, earlier this week the group made true on their threat to “dump” the stolen information early this week onto the Dark Web, an area of the Web only accessible by a covert browser.

While preliminary investigation shows that users of the site are located all over the world, Chicago came in 8th in the top ten U.S. “cities with the most cheaters” according to a recent posting on CBS News’ website. Locally, the Chicago suburbs of Plainfield and Naperville were ranked number two and number 18 in a July 21st article posted to the Plainfield Patch website.

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 Posted on April 14, 2020 in Uncategorized

A divorce is an emotional and trying life change, but finding the right attorney is an important first step in the process. A divorce attorney who has experience and expertise fitting your unique situation may expedite the divorce process, and make the transition from marriage to single life more manageable.

Asking the right questions during your first phone conversation or meeting with a prospective lawyer is key in determining whether you will be able to establish a successful attorney-client relationship.

Experience is Critical

Don’t assume that every attorney you contact has the experience that is necessary to handle your case. How long an attorney has been in practice, and more importantly, how many cases they have handled is perhaps the most obvious first question. Each new case presents a unique set of obstacles and situations, requires additional research and adds to an attorney’s knowledge of divorce law. You will want to find an attorney who has been in practice for some time, and who has handled an extensive number of cases.

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 Posted on April 14, 2020 in Uncategorized

When parents reach the difficult decision to divorce, they are faced with the emotional task of deciding on the best time and way of explaining the decision to their children. It is necessary to be open and honest with children, keeping in mind their ages and developmental levels. In all cases, children need to be reassured that they are not to blame for the divorce, will continue to maintain relationships with each of their parents, and, above all, they are loved.

Carefully Consider Timing

When a marriage breaks down, children may already have a sense that something is not right in their family. They have the right to know the situation as soon as practical, as it will result in changes in their lives that will require time for adjustment. However, the conversation should be carefully timed.

Delaying the conversation until some final decisions have been made regarding changes in living situations and parenting time will help parents deliver a clear message and answer questions. Also, it is in the children’s best interest for both parents to put their differences aside and choose a time to present the news together in a unified and supportive way.

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 Posted on April 14, 2020 in Uncategorized

When a child is born to an unmarried father, it is extremely important that he take the necessary steps to protect his rights. It is presumed in Illinois that the husband is the legal father of the child born to a married woman. However, automatic legal rights are not given to the biological father when a child is born to an unmarried woman, even if the relationship between the mother and father has been long-term. Only by legally establishing paternity may a biological father seek custody or visitation rights.

Legal Paternity Must be Established

Establishing paternity should be done as soon as possible after the birth of the child. Under Illinois law, there are three ways in which an unmarried father can establish legal paternity.

If unmarried parties are in agreement on paternity of the child, both parents may sign a Voluntary Acknowledgement of Paternity. This is a legal document that may be provided to the parents for signature when the child is born. This form is also available online or from the Department of Human Services, Child Support Services, or from the County Clerk’s office. The Voluntary Acknowledgement of Paternity is the simplest method of establishing paternity that is recognized in Illinois. However, it requires both parties’ agreement.

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 Posted on April 14, 2020 in Uncategorized

A divorce brings significant changes, and it takes time for individuals to reorganize their affairs. Insurance coverage will commonly change when a divorce takes place, and potential issues and increased financial obligation should be recognized and prepared for in advance.

Medical Insurance

In most cases, insurance coverage for children will not be interrupted as they will be eligible to continue coverage under either parent’s employer’s health insurance policy. The parent providing insurance coverage for the children is not required to be the custodial parent. In any case, as part of the divorce settlement, insurance coverage for the children should be clearly defined.

On the other hand, new divorcees typically must seek new coverage once a divorce is finalized. Those who had insurance provided by their spouse’s employer, and who do not have access to their own employer’s insurance plan, must replace that coverage. Though generally a more expensive option, COBRA is available to an employee’s ex-spouse for up to 36 months following a divorce. For many individuals, private insurance is the preferred, more cost-effective option.

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 Posted on April 14, 2020 in Uncategorized

Most adults are familiar with the old adage “if it seems too good to be true, it probably is”, and they have likely gained enough life experience to conclude it is reliable in most circumstances. Through trial and error, we learn how to recognize a non-reputable claim, and to make informed decisions.

Too Good to be True

The guarantee of a ‘weekend divorce’ – a flat-fee, quick-divorce completed in a weekend – should immediately bring this saying to mind. Nothing more than an irresponsible gimmick preying upon vulnerable couples seeking a fast, cheap way to end their marriage, and a ‘weekend divorce’ is definitely too good to be true.

One has to assume that these claims are made by attorneys whose offices are not attracting new clients based on their own integrity, reputable advertising or past client referrals. Instead, desperate attorneys have put aside the best interest of the client, and made unrealistic promises in an effort to increase business.

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