Recent Blog Posts
What Makes an Illinois Divorce Complex in Nature?
When two people get married, they rarely think at the time that they might get divorced. However, statistics show that 40-50 percent of all U.S. marriages end in divorce. In some cases, a couple may be married for three years and split up after one spouse has engaged in an extramarital affair. In other situations, partners who have been together for 20 or 30 years may realize they have nothing in common after their kids leave and they find themselves “empty nesters.” Regardless of how long a marriage lasts, some of the same issues will need to be addressed before spouses can legally terminate their marriage. There are several characteristics that can make a divorce complicated when it comes to making determinations in how the marital estate will be divided.
Child-Related Issues
With multiple issues to resolve, a couple may have trouble agreeing on certain matters. This can include child-related issues if they have young kids, such as the allocation of parental responsibilities (child custody) and parenting time (visitation). Both parents may want to have equal decision-making authority and spend as much time with their children as possible. If spouses cannot agree on an arrangement, the court will intervene and make a decision based on the best interest of the children. Co-parenting can be especially difficult when spouses harbor resentment or anger toward each other
What Is Virtual Parenting Time in an Illinois Divorce?
A divorce can be one of the most difficult experiences one can go through, especially if children are involved. The allocation of parental responsibilities (child custody) and parenting time (visitation) are two important issues that need to be resolved during the divorce proceedings. A couple can create a parenting plan, which essentially outlines details such as what days of the week the child is with each parent. If they cannot agree on the terms, a decision will be made based on the best interest of the child by the court
Courts will also weigh other factors before making a decision on parenting time in order for both parents to take an active role in child-rearing. However, in these uncertain times, with stay-at-home orders issued in many states, parents are being creative by using technology for virtual visits if they cannot be done in person.
The Pros and Cons of Selling the Marital Home in an Illinois Divorce
Deciding to get a divorce can be one of the most difficult decisions of anyone’s life. For those couples who have been married a long time or who have children, it can be devastating. The mere thought of separating and starting over can be daunting. For some parents and kids, the marital home may have sentimental meaning. This is especially true if the couple purchased the house together after they got married and it is where they raised their family. However, the division of property is one of the main issues that needs to be resolved in any divorce. That does not automatically mean the house will have to be sold, but it is a possibility. Assuming both spouses own the home together, there are two options: sell or stay. Deciding who gets to stay can be the source of much conflict during the proceedings. A skilled divorce attorney can help figure out what is the best option.
7 Tips for Divorcing a Spouse Who Has an Addiction in Illinois
Some people have a tendency to become addicted to certain substances or activities. This can include alcohol, drugs, gambling, or pornography. Addictions to these things can often lead to the demise of a marriage. In many cases, controlled substances can change the addicted spouse’s personality and make him or her physically and emotionally abusive to his or her partner or child. In other situations, a spouse may dissipate assets to sustain his or her gambling problem. If you are considering filing for divorce and your spouse has an addiction, it is important to take certain precautions in order to protect your best interests as well as your child’s during the proceedings
Preparation Is Key
Deciding to legally end your marriage takes courage, but it also requires careful planning if your spouse has an addiction. Preparation is key to make the process as smooth as possible, even if your spouse tries to contest the divorce. Here are a few ways to mitigate the stress of divorcing an addict:
How Is Past-Due Child Support Collected in Illinois?
When contemplating divorce, you may be concerned about how it will affect your children. Even if you and your spouse have been unhappy for years, you may have put off filing to protect your kids’ feelings. Although you may think this is in the best interests of your children, it is sometimes better to end the marriage. Kids can sense the constant tension and turmoil, which can be detrimental to their emotional well-being. Once a couple decides to divorce, there are many issues that need to be addressed, including the division of marital property, child support, spousal maintenance, and the allocation of parental responsibilities.
Child support payments are court-ordered, but in some cases, a parent may fall behind on payments or fail to pay altogether. Since the other parent relies on this financial assistance to care for the children, it may be necessary to enforce the order. If you are struggling to collect child support payments, a skilled family law attorney can advise you of your legal options.
Tips for Co-Parenting a Special Needs Child After a Divorce
Unfortunately, not every marriage ends happily ever after as they do in the fairytales. In some cases, spouses simply grow apart or cannot reconcile due to infidelity or an addiction problem. When a couple has a child with a physical or mental disability, it can also put a significant strain on their relationship. In these family situations, the decision to divorce can be especially difficult. The thought of caring for a special needs child as a single parent can be overwhelming. On top of the usual issues that need to be resolved, such as the allocation of parental responsibilities, parenting time, and the division of property or assets, there can be a lot of uncertainty about caring for your child as a divorced parent.
How Can the Dissipation of Assets Be Identified in an Illinois Divorce?
Divorce can happen after three years or 30 years of marriage. Every relationship is unique, and there are many factors that cause the breakdown of a relationship. Some of these may include adultery, addiction, financial problems, and even mental health issues. In some cases, a spouse may be blindsided by the news that his or her partner wants to end the marriage. Divorce under the best of circumstances can be challenging, so for those individuals who are not prepared, it can be overwhelming
There are many issues that need to be resolved, including how all the couple’s possessions will be divided. Unfortunately, this can be a contentious process, especially when one party is not being truthful. The dissipation of assets occurs when one spouse intentionally squanders or destroys marital property to prevent the other spouse from getting his or her fair share of the marital estate.
Tips for Relocating With Your Child After an Illinois Divorce
There is no denying that a divorce can be challenging even if both spouses mutually agree it is for the best. The decision to end a marriage may be especially difficult if a couple has a child together. In many cases, both parents want to spend as much time with their child as possible and it is one of the reasons they often put off filing for divorce. Every state has laws governing divorce and child-related issues, and Illinois is no exception. The allocation of parental responsibilities (child custody) and parenting time (visitation) must be determined before a divorce is finalized. It is possible for the custodial parent to relocate, so it is crucial to know the rights each parent has under Illinois divorce laws.
Can Illinois Parenting Time Be Modified During the COVID-19 Crisis?
The COVID-19 pandemic has affected millions of people on a global scale, from China to Italy to the United States, as well as many other countries. This novel (new) coronavirus is highly contagious and results in respiratory illness that can range from mild to life-threatening. Those who have pre-existing medical conditions or who are over the age of 65 are reportedly at a higher risk of fatalities. The Centers for Disease Control and Prevention (CDC) is aggressively responding to the worldwide outbreak of the virus, with updates and guidelines for citizens to follow. Some of these directives include isolation or quarantine orders if someone tests positive for the virus. During this unsettling time, parents who are divorced may be worried how it will affect their parenting plans
Illinois’ Response to Coronavirus
How Is a Business Valuation Performed in an Illinois Divorce?
With all the issues your divorce might bring – child custody, child support, and more – the division of marital assets can seem especially complicated. If you and/or your spouse own a business, the proceedings can be even more complex. Illinois is an “equitable distribution” state, which means a court will determine how to split assets fairly instead of just dividing your and your spouse’s assets precisely in half. Therefore, you must have a business valuation conducted to accurately determine the company’s worth. To receive your fair share of this asset, it is important to hire an experienced divorce attorney, who, along with a financial professional, can ensure your rights are protected every step of the way.