Posted on April 17, 2023 in Divorce

In Illinois, a no-fault divorce is one where a couple can end their marriage without having to prove that one party caused the marriage to break down. Instead, the couple can cite “irreconcilable differences” as the reason for their divorce. Even though Illinois is a no-fault state, it is still essential to hire an experienced divorce attorney to help ensure you can protect your rights.

What Are Irreconcilable Differences? 

Irreconcilable differences are defined as “irretrievable breakdown of the marriage” and require a showing that the marriage was broken down to the point where it could not be repaired. This means the parties have attempted to reconcile and failed or have been living separately and apart for at least six months, and there is no hope for reconciliation. 

When a couple files for divorce based on irreconcilable differences, they must file a petition for dissolution of the marriage and provide a copy to their spouse. The other spouse then has 30 days to file a response to the petition. If the other spouse does not file a response within 30 days, the divorce can proceed as an uncontested divorce. However, if the other spouse does file a response, the parties must attend a hearing to resolve any issues related to their divorce.

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 Posted on April 06, 2023 in Divorce

 Divorce mediation is a process that allows divorcing couples to work together to resolve their disputes and reach a mutually acceptable agreement. Instead of going to court, the parties work with a neutral third party, the mediator, who facilitates discussions and helps the parties find common ground. However, several things need to be clarified about divorce mediation that can prevent people from considering it as an option. Working closely with a family law attorney can help you better understand the potential benefits of divorce mediation as you decide whether it is a viable option for you and your situation.

Misconceptions About Divorce Mediation That You Need to Be Aware of

Here are some of the most common things people get wrong about divorce mediation, including:

• You have to be on good terms with your spouse – One of the most common misconceptions about divorce mediation is that the parties must be on good terms with each other to use the process. However, this is not true. While it does help if spouses are on decent terms, mediation can be effective even if the parties are angry, bitter, or resentful of each other. 

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 Posted on March 27, 2023 in Divorce

Divorce can often be a difficult and stressful experience for everyone involved, especially in high-conflict situations. Those going through a high-conflict divorce are sometimes more distressed about issues such as mental health concerns, substance abuse, and harassment/domestic violence issues that may arise during the divorce process. 

Mental Health Difficulties

Anybody's mental health may suffer as a result of the emotional strain of a high-conflict divorce. One or both parties may develop anxiety, depression, or other mental health problems during a high-conflict divorce. The Illinois State Bar Association offers tools for locating mental health specialists with experience helping people going through a divorce. 

Substance Abuse

For people battling with substance abuse, divorce might be a trigger. Substance abuse can become an even bigger problem in divorces with high levels of conflict. Drug or alcohol abuse by one or both spouses as a coping mechanism for the stress of the divorce process is not unusual. It's crucial to get help if substance misuse is a problem in a high-conflict divorce. The Illinois Department of Human Services provides resources for substance abuse treatment centers throughout the state. Additionally, the court may require the parties to participate in drug or alcohol treatment programs as a condition of the divorce settlement.

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 Posted on March 21, 2023 in Divorce

Deciding to end a marriage is one of the most difficult decisions anyone can make. However, if you have reached the point where a divorce is the only option, it is essential to understand the legal process of divorce. In Illinois, the divorce process can be complicated and overwhelming. 

Determine Your Eligibility for Divorce

In Illinois, to file for a divorce, you must meet the residency requirement. One of the spouses must have lived in the state of Illinois for at least 90 days before filing for a divorce. If you meet this requirement, you can move on to the next step.

Grounds for Divorce

A spouse or both spouses must establish grounds for divorce before the judge will grant it. Irreconcilable differences, often known as no-fault divorce, are the only grounds for divorce that are accepted in Illinois. Irreconcilable differences are described under Illinois law as the "irretrievable breakdown" of a marriage. The spouses must either claim there is a breakdown in the marriage but that all attempts at reconciliation have failed and that further attempts would not be "in the best interest of the family" or they must be living apart for six months in separate households or within the same household at the time of the breakdown of the marriage.

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 Posted on March 14, 2023 in Divorce

Child relocation during a divorce can be a complex and emotional issue, and parents in Naperville, Illinois, must be aware of the difficulties that may arise during this process. When parents cannot agree on the relocation of their child, the court will make a judgment that is in the best interests of the child. This is where an attorney familiar with complex child issues can help you.

Deciding The Child’s Best Interests

Choosing what is in the best interests of the child is one of the trickiest problems with child relocation following divorce. The court will weigh a number of issues before deciding whether to grant a parent's request to move with a child. These considerations encompass the child's health—emotional, psychological, and physical—in addition to their interactions with other family members, including their siblings and parents. The relocation distance as well as the child's prospects for social and academic growth in the new community, will be taken into account by the court. The decision will also take into account any past neglect or abuse by one parent or the other.

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 Posted on March 07, 2023 in Divorce

 Prenuptial agreements are becoming increasingly popular among modern couples. While not exactly romantic, creating a prenuptial agreement can be a responsible decision before getting married. Here are five reasons to consider getting one.

Prenuptial Agreements Can Protect Your Assets

A prenuptial agreement can assist in protecting your assets in the case of a divorce. When two people marry, their financial affairs become entwined, and any assets or money acquired by either spouse during the marriage are added to the marital estate. Any assets in the marital estate are distributed between the spouses in the event of a divorce. Your assets can remain segregated if you enter into a prenuptial agreement. Property classified as non-marital property through a prenuptial agreement will not be split. A prenuptial agreement can also be used to safeguard inherited assets or gifts from relatives and ensure those items stay in the family.

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 Posted on February 24, 2023 in Divorce

One of the most significant assets a couple may own is their real estate, including their marital home. The division of real estate assets can be a complicated and emotional process during a divorce. It is essential to identify and value all real estate assets and determine how they will be divided fairly. Several factors are considered by the court when dividing real estate, including a couple’s marital home.

Identifying and Valuing Real Estate Assets

The first step in dividing real estate in a divorce is identifying and valuing the assets. This includes any properties the couple owns, such as their marital home, vacation homes, rental properties, and undeveloped land. The value of each property is determined by an appraisal or market analysis.

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 Posted on February 19, 2023 in Divorce

Going through a divorce is a difficult process that can leave you feeling emotionally and financially drained. However, once the divorce is finalized, there are still many important issues that you will need to address. One of the most important is post-divorce modifications. If you're a married couple in Illinois going through a divorce, here are some things to keep in mind.

Child Custody and Support Modifications

Child custody and support are often the most contentious issues in a divorce. In Illinois, child custody is determined based on the best interests of the child. However, circumstances can change after the divorce is finalized, and it may become necessary to modify the custody arrangement. Some common reasons for modifying child custody include:

• Relocation - If one parent needs to move to a new location, it may be necessary to modify the custody arrangement to accommodate the new location.

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 Posted on February 09, 2023 in Divorce

When couples decide to end their marriage, they must also address the division of property. This can be a complicated and contentious issue, especially when large assets such as homes, retirement accounts, and businesses are involved. Understanding who owns what, accurately valuing the property, and determining a fair division of shared property can take some time. In Illinois, property division during a divorce is governed by state law, which provides a framework for equitably dividing marital property. 

Marital Property and Separate Property 

In Illinois, marital property is defined as any property acquired by either spouse during the marriage. This may include income, real estate, investments, bank accounts, vehicles, personal property, and pensions. If spouses cannot negotiate a fair division of property, the court will divide property for them. All marital property is subject to division during a divorce, and the court must divide it in a manner that is fair and just to both parties. This may involve selling assets, such as a home, and dividing the proceeds, or transferring ownership of an asset to one spouse in exchange for other assets of equal value.

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 Posted on February 06, 2023 in Child Custody

Divorce is a difficult and emotional process for all parties involved, particularly for parents who are trying to navigate the process while ensuring the well-being of their children. Parents who want to share responsibility for their children will describe the allocation of parenting time and parental responsibilities in their parenting plan. Divorcing parents may also need to address child support. The court typically determines child support based on a statutory formula, but courts deviate from the formula under certain circumstances.

Child Custody and Visitation

Child custody and visitation are two of the most important and difficult issues that parents face during divorce. In Illinois, child custody is determined based on the best interests of the child, which includes:

• Consideration of the child's physical and emotional needs

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