Posted on July 30,2023 in Divorce

The first meeting with your divorce lawyer may feel uncomfortable and frightening. After all, you are embarking on a process that will have plenty of uncertainty and possible stress. While you may not be able to control other parts of the divorce process, you do have some level of control over your initial meeting with the lawyer. Your first conversation will be more beneficial when you come prepared.

Keep an Open Mind

You may have an idea in your mind of how your divorce will proceed. Unfortunately, your ideas will sometimes run into the realities of the divorce process and the law. You may hear something that you did not expect. You should not have any firm preconceptions in your mind. Instead, you should prepare to be flexible based on what your attorney tells you. It may take some time to know where your divorce is heading, and you should not expect to leave with any concrete plans after your first meeting.

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 Posted on July 19,2023 in Child Custody

There are times when two parents cannot work together to make decisions that are in the best interests of their children in a custody case. In other cases, a child may have special needs that require additional involvement in the decision making process from someone whose job it is to advocate for and represent their interests. A court may appoint a guardian ad litem to represent the interests of the child. Essentially, they act as a lawyer for the child throughout the custody process.

The Guardian’s Role Is to Make Recommendations to the Court

A judge can appoint a guardian ad litem in a custody case after one parent has filed a motion in court or because the judge has concerns about the getting facts of the case correct. The term “guardian” is somewhat misleading, however. The guardian ad litem does not have any legal authority over the child; only the court retains the authority to make decisions about the child when necessary. 

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 Posted on July 10,2023 in Divorce

In any child custody case, the court will consider the best interests of the child in reaching a decision. There are times when a judge will want to hear directly from the child, especially if they are old enough to voice their own opinions. Parents may worry about whether their child will need to testify in open court, which could add to the stress that they are already facing. Illinois law provides procedures for how children testify if it is necessary.

The Judge May Want to Hear from Your Child

It is within the judge’s discretion to request testimony from your child. Illinois law recognizes that testifying in open court is a very stressful situation for a child.Thus, your child will not be required to testify in open court. They will not be examined by a lawyer or cross-examined by the other attorney. 

The Judge Does the Questioning

Your child will be interviewed by the judge in their chambers. Judges know that children are in a difficult situation, and they will try to handle the situation as delicately as possible. They will generally try to avoid lengthy questioning that involves putting the child on the spot. Usually, the judge will try to have a conversation with your child, as opposed to subjecting them to more formal questioning. The judge may also have a trained professional speak with the child to learn more about the situation. 

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 Posted on June 30,2023 in Property Division

Professionals may receive stock options as part of their compensation package. These are considered marital assets that are subject to equitable division in an Illinois divorce. There are several challenges associated with valuing these assets. The divorcing spouses often disagree about the value of stock options.

There Are Pricing Formulas that Can Be Used

For many employee stock options, you simply cannot look to exchange-traded derivatives as a pricing guide. The options are too customized, and the time horizon is too far into the future, to get any guidance from the market. Most options are valued using the Black-Scholes formula. This is an established methodology for pricing options that has been in use for five decades. This is the formula that is used in most divorces, although how it is used will be up for debate.

There Are Different Inputs Into the Black-Scholes Model

The Black-Scholes model considers the following inputs:

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 Posted on June 22,2023 in Divorce

You should not try to go through your divorce on your own. Even though you know what is best for you, this does not mean that you should expect to have all the answers about how to address the issues you may encounter. Professionals can help you handle many aspects of your divorce, giving you critical advice to help you manage the process and be able to move forward once your marriage has been legally dissolved. An experienced divorce attorney can help you with the legal aspects of your case, and other professionals that you may want to include in your team include:

Seek Counseling from a Licensed Mental Health Professional

Preserving your mental health and addressing emotional concerns can be critical throughout the divorce process. In these situations, you will likely experience significant stress. Divorce is considered to be the second-most traumatic event you may encounter in your life, with only the death of a loved one being worse. It is okay to admit that you are not completely okay and seek help from a mental health professional. They can help you talk through the issues that you are facing and provide you with strategies that can help you cope with your present reality and your fears about the future. The more grounded that you can remain during the divorce process, the better the chance that you can emerge from the divorce successfully and begin your life anew.

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 Posted on June 07,2023 in Divorce

Postnuptial agreements are similar to prenuptial agreements. They are contracts that govern how marital property would be divided in the event of a divorce. The difference is that a postnuptial agreement is signed after the two spouses have married. These agreements could be crucial in certain circumstances. An Illinois divorce lawyer can advise you about whether you should seek a postnuptial agreement and help you draft an agreement that meets your unique needs. 

You Did Not Sign a Prenuptial Agreement but Want to Now

Some future spouses do not want to talk about money before they are married. They may think that there is a stigma attached to a prenuptial agreement that keeps them from entertaining it or be unaware of the benefits of signing a prenuptial agreement. However, they may now realize they made a mistake by not signing one. A postnuptial agreement is a way to remedy what may now seem like an error.

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 Posted on June 05,2023 in Divorce

Most Illinois divorces are resolved without the need for a trial. However, not every divorce begins on the path toward an amicable resolution. There are some instances in which you may need some extra help to reach an agreement. A professional mediator can help you and your spouse find common ground and move toward a potential settlement.

How Mediation Works in a Divorce

A mediator is a trained party who is neutral. They do not have any power to decide issues in the divorce, nor will they take sides between the two spouses. Instead, they will help the two parties talk. The mediator would help the spouses find common ground and help them navigate the more difficult issues that stand between the parties and a final agreement. The hope is that, by communicating and exchanging viewpoints, the two spouses can bridge the gap and eventually reach an agreement. 

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 Posted on May 26,2023 in Divorce

When a couple divorces, child support is provided to the parent with the most parenting time. Child support may be used to care for the child's various needs, including education, rent or mortgage, clothing, groceries, and other expenses.

Most child support orders terminate once the child turns 18 and graduates from high school. Child support payments may be extended until the child completes their undergraduate degree. However, when a child has a disability, child support obligations may need to continue well after the child has become an adult.

If a child has a disability, they will not be able to attain the same level of education or independence as children without disabilities.

In Illinois, non-minor support is provided to children with disabilities and their parents to meet their increased financial needs.

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 Posted on May 24,2023 in Divorce

Alternative dispute resolution (ADR) is a process of resolving legal disputes without litigation. In divorce cases, ADR methods such as mediation and collaborative divorce are increasingly being used as an alternative to court proceedings. ADR can offer a variety of benefits to couples going through a divorce. In this article, we will discuss the top 10 benefits of alternative dispute resolution in divorce cases.

Cost Savings

One of the most significant benefits of ADR is cost savings. ADR methods are generally less expensive than traditional litigation, involving fewer court appearances and less time spent in court. This can be particularly beneficial in divorce cases, where litigation costs can quickly add up.

Faster Resolution

ADR can also be faster than traditional litigation. Mediation and collaborative divorce can often be completed within a matter of months, while litigation can take years. Thus, ADR is useful in divorce cases where couples may want to move on with their lives as quickly as possible.

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 Posted on May 16,2023 in Divorce

Divorce is a difficult decision and a complex undertaking. There may be various reasons for the dissolution of marriage, from different values to commitment issues. However, since Illinois is a no-fault state, married couples do not need to assign blame for the divorce. The only ground for divorcein Illinois is irreconcilable differences.

What are Irreconcilable Differences?

Irreconcilable differences are when two married people are completely incompatible, and their marriage has broken down to such an extent that reconciliation is no longer possible.

In Illinois, reconcilable differences are the only basis for divorce.

How Do Couples in Illinois Prove Irreconcilable Differences?

Showing irreconcilable differences is a straightforward process. According to the Illinois Marriage and Dissolution of Marriage Act, the divorcing couple must state that they have differences in marriage, and any attempts to reconcile have failed. In addition, they need to state that any further attempt at reconciliation will not be practical and may not be in the family's best interest.

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