Posted on September 20, 2023 in Divorce

The term “divorce” has been commonly used for many years, but people who have never been divorced may not be aware of all the issues that need to be settled when you are going through one. If you are like the majority of Americans and you have not thoroughly studied the law, you might likely find yourself in a confusing situation. 

If you and your spouse are considering a divorce, please consider speaking with an experienced Arlington Heights, IL divorce attorney who can explain all the aspects of a divorce settlement in detail, including how they might apply to you.

What Issues Need to Be Settled during Divorce?

When a couple decides to legally end their marriage, the process can take some time to complete. The reason for this is that many aspects of their lives were legally bound, and now they need to agree on how to split those up. When children are involved, divorce can be even more complicated. 

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 Posted on September 15, 2023 in Divorce

We are all familiar with what is considered a “typical” divorce. You have probably seen TV shows showing spouses screaming and refusing to give each other anything. In reality, however, there are many times when a couple wants to get divorced but is not interested in hurting each other. 

In such cases, an uncontested divorce can be the simplest way for both sides to get what they want. If you are considering divorce and you think you and your spouse can agree on all the issues involved, an Illinois uncontested divorce attorney can guide you on how to accomplish this.

What Is an Uncontested Divorce?

You and your spouse want a divorce, but that does not necessarily mean you cannot agree on how you would like to go about it. Sometimes, a couple can form a shared vision for their future after divorce. And sometimes, they can even agree on every aspect that would need to be settled in a divorce. That includes:

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 Posted on September 07, 2023 in Family Law

According to the Centers for Disease Control (CDC), domestic violence affects millions of Americans every year, with one in five homicides being carried out by the victim’s intimate partner.

It can be hard enough to gather the courage to leave a situation where you are a victim of domestic abuse, and even harder to think about actual legal actions like divorce. If you are reading this and find that you can identify with it, you should know about the options you have to protect yourself and your children. Suffering domestic abuse is a terrible experience that no one should have to go through. An Arlington Heights, IL attorney will walk you through what you can do and fight hard to get you the best resolution for you.

File a Petition for Sole Custody

In the State of Illinois, two parents who share children and are getting a divorce generally will have some sort of shared custody arrangement. What is commonly known as custody is split up into two categories: parental responsibilities (referring to the ability to make important decisions for the child) and parenting time (visitation, or the amount of time a parent is physically with their child).

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 Posted on August 24, 2023 in Family Law

When divorcing parents in Illinois cannot agree on child custody terms, mediation is often legally required before the case can proceed to court. Proper preparation is key to making custody mediation more effective and productive.

Understand the Mediation Process

It is important to understand how child custody mediation operates in Illinois. Mediation involves parents meeting with a neutral, accredited mediator to attempt to negotiate custody and parenting time agreements. The mediator facilitates discussion but does not impose any binding decisions. Conversations during mediation are considered strictly confidential under Illinois law.

Gather and Organize Documentation

Bring any relevant court orders, child custody evaluations, school records, medical records, police reports, and other important documentation that supports your position on custody arrangements to the mediation session. Having evidence available helps mediators fully understand the circumstances when reviewing proposals. Keep copies organized in a binder for easy reference.

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 Posted on August 18, 2023 in Family Law

Fathers have important legal rights when navigating family court in Illinois during divorce and child custody cases. However, many dads are unaware of their rights or how to assert them effectively. It is beneficial to know about a father’s rights during a child custody case.

Presumption of Equal Parenting Time

Recent changes to Illinois law have established a presumption that both parents are fit and that equal parenting time is in the children’s best interests. This means courts will generally seek to order a timeshare as close as possible to 50/50 custody or at least “reasonable parenting time" for each parent.

Fathers should not hesitate to request equal parenting time and present arguments about why spending half of the time with dad is best for the kids. Unless evidence shows otherwise, judges will aim for a schedule maximizing the involvement of both parents.

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 Posted on August 09, 2023 in Divorce

Many parents begin to settle into a pattern after their divorce has finalized and they have a final decree dictating who spends time with the child and when. Conflict may begin to become less heated and less frequent when the divorce has been finalized. However, it is important for parents who are getting divorced to continuously co-parent beginning the day they tell their child about their imminent separation. When divorcing parents work together for the benefit of the child from day one, children may experience an easier transition from living in a two-parent household to seeing each parent separately. Unless there are certain circumstances suggesting that one parent should be excluded from the child’s life, such as cases where one parent has abused the child, your child could likely benefit from you and your soon-to-be ex-spouse planning for successful co-parenting until your divorce has finalized. 

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 Posted on July 28, 2023 in Family Law

Guardian ad litems (GALs) play a crucial role in the legal system, representing the best interests of vulnerable individuals, such as children whose parents are getting divorced. However, misconceptions surrounding their work persist. Today, we will be debunking common misunderstandings associated with GALs and shed light on their critical role in safeguarding those who cannot advocate for themselves. If you believe guardian ad litem would be beneficial to your legal situation, discuss this with your divorce attorney to try and come up with a plan to get guardian ad litem involved in your case.

Misconception #1 – GALs are Advocates for One Party Only

One common misconception is that GALs solely advocate for one side in a legal dispute. However, the primary responsibility of a GAL is to represent and protect the best interests of the individual they are appointed to represent. They objectively assess what is in the person's well-being, considering multiple factors like their physical and emotional needs, safety, and future prospects. GALs work independently and serve as a neutral voice in court proceedings, guiding the court toward a decision that ensures the individual's welfare. 

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 Posted on July 20, 2023 in Divorce

It is no secret that some people are better with money than others. It can create significant strain in a marital relationship if one spouse prioritizes saving and financial responsibility, while the other is more interested in spending large amounts of money for their own personal enjoyment. When spouses who do not see eye to eye on financial management get divorced, it may become a major issue during asset division if one of them has spent wastefully without the cooperation of the other spouse. When an Illinois court finds that one spouse has dissipated (wasted) marital assets, that spouse can be ordered to compensate the other for any misused marital funds. This is very common in cases where one spouse has a drug or gambling addition, or has spent a significant amount of money on an adultery partner. If you believe that your spouse has dissipated marital assets, it is important to involve an attorney. You will likely need to provide evidence showing your spouse’s misappropriation of marital funds, which an attorney may be able to help you gather. 

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 Posted on July 13, 2023 in Divorce

If you are considering getting divorced from your spouse, you are far from alone. Some individuals fear that their reason for wanting a divorce is strange, or silly. Knowing some of the most common reasons people get divorced may help to validate your feelings. Deciding whether to divorce is a highly personal choice. You should know that you will not likely need to explain your reasons for wanting a divorce to the judge. The only ground for divorce is having “irreconcilable differences.” The judge is not there to judge whether you have a good enough reason for getting divorced. Simply asserting that you and your spouse have irreconcilable differences is generally enough to have your divorce granted. However, if your case goes to litigation, you may be asked some questions of a personal nature. It is best to be represented by an attorney throughout the process. 

Top Reasons for Getting a Divorce 

Some of the most common reasons spouses divorce include: 

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 Posted on June 28, 2023 in Family Law

When the Illinois economy slows down, the pace of layoffs accelerates throughout the state. It can become very difficult to keep up with your child support obligations when you do not have your full income. However, child support is ordered by a court, and unless the court changes your child support obligations, you would still need to pay as obligated.

The Court May Modify Your Child Support

The court may order a reduction in the child support that you pay if you can prove that you have suffered a significant cut in your income. If you are out of work for any extended period of time, you should file a motion to reduce child support with the court. The judge may order lowered child support. 

Courts often take a different view if the paying parent is fired from their job with cause. Then, judges often deny a request to modify child support. 

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