Posted on May 23, 2023 in Family Law

In a divorce or child-related legal dispute, Illinois courts always want to ensure that the children's safety and well-being are paramount. In order to ensure that a child custody arrangement is in a child's best interest, the court sometimes requires parents to undergo psychological testing or a mental health evaluation. Sometimes, a mental health evaluation is requested by one of the parents, in other cases, the court orders psychological testing.

If you are getting divorced or going through a child custody case, you may have many questions and concerns about how mental health evaluations are used and what they entail. Each case is different; however, this blog will give a general outline of mental health evaluations in Illinois family law cases.

Who Has to Undergo Psychological Testing?

Psychological testing can be time-consuming, invasive, and expensive. Consequently, it is only used when necessary to ensure the well-being of a child. The court has the authority to order psychological testing if the court believes that a parent could have a psychological or mental health condition that influences the case.

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 Posted on May 08, 2023 in Divorce

Divorcing couples of any age may have questions and concerns about how their divorce will influence their retirement, but this is often an especially crucial issue in divorce cases involving older spouses. Understandably, people want to ensure that they will have access to the financial resources they need in their golden years.

In this blog, we will discuss answers to some of the most frequent questions about how divorce can influence retirement accounts and what you can do if you want personalized guidance regarding your situation.

Does My Spouse Get Half of My Retirement Account?

Retirement funds are treated just like any other asset during a divorce. This means that any retirement funds a spouse acquires during the marriage are included in the marital state. Funds that were acquired before the marriage or after a legal separation are considered separate property. You do not have to share separate property, but it is very likely that your spouse is entitled to a share of any retirement funds acquired during the marriage.

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 Posted on April 19, 2023 in Divorce

 Divorce is challenging for everyone involved, but it can be especially difficult for teenage children. The teenage years are a formative time, and the turbulence of a divorce can make these critical years even more complicated than they already are. As a result, many parents with teenage children are concerned with how the divorce will affect them.

What to Keep in Mind

Here are some considerations for parents with teenage children getting a divorce, including:

• Keep communication channels open – Keeping lines of communication open with your teenage children during the divorce process is essential. Make sure they know that they can come to you with any questions or concerns, and be honest with them about the situation.

• Avoid bad-mouthing the other parent – Speaking poorly of your soon-to-be ex-spouse can be emotionally traumatizing for teenage children, as they may see your words as a reflection of them. This can create feelings of tremendous guilt and sadness. Avoid this at all costs.

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 Posted on April 14, 2023 in Child Custody

One of the most challenging aspects of divorce is the impact it can have on children. In some cases, one parent may try to turn the child against the other parent, which can cause emotional trauma and damage to the parent-child relationship. If you believe this is happening, it may be worth contacting an experienced family law attorney, who may have advice on how to navigate the situation best. In addition, a lawyer with experience has likely seen this situation before and may have insight on how to proceed.

Steps to Dealing with Parental Alienation

Here are some steps you should take if your spouse is attempting to sabotage the relationship between you and your child, including:

• Document the behavior – If you believe your spouse is trying to turn your child against you, it is essential to document the behavior. For example, record conversations or interactions with your spouse or child that suggest parental alienation occurs.

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 Posted on April 05, 2023 in Divorce

There is no denying that discussing divorce with your spouse can be a high-stress and often contentious conversation. Unfortunately, in some cases, this discussion can escalate into threats of violence. If you find yourself in this situation, it is crucial to prioritize your safety and take appropriate legal action. Today, we will outline several steps if your spouse threatens violence after you mention divorce. As you navigate this emotional time, an experienced family law attorney can be highly beneficial as you work to ensure your safety while ensuring your rights are protected and that you understand your legal options moving forward.

Step #1 – Ensure Your Immediate Safety

If you are in immediate danger or fear for your safety, call 911. Law enforcement officers are trained to handle domestic violence situations and can help protect you from harm.

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 Posted on March 20, 2023 in Divorce

When one spouse has a substance abuse problem, it can complicate divorce in various ways. The spouse with the addiction may be less able to negotiate effectively, and their addiction may impact their ability to make sound decisions. Today, we will discuss what to remember as you approach the divorce process if you have a spouse with a substance abuse problem. Consider contacting an experienced divorce attorney to ensure your rights are protected and understand your legal options.

What to Do if the Spouse You Are Divorcing Has a Substance Abuse Problem

While all situations are different, here are some considerations as you move toward and through the divorce process, including:

• Get help for your spouse – If your spouse is willing, encourage them to seek help for their addiction. This could include therapy, rehab, or support groups. Addressing the addiction can help your spouse to be in a better position to negotiate and make decisions about the divorce.

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 Posted on March 13, 2023 in Divorce

Unfortunately, it is not uncommon for children to act out in school and at home following a divorce as they struggle to accept the changes in their family dynamic. Today, we will discuss what a concerned parent can do if their child begins acting out after a divorce.

If you are worried about child-related legal concerns before, during, or after a divorce, contact a divorce lawyer for help. An attorney can help you establish or modify the allocation of parenting time and parental responsibilities, enforce a child support order, and address other family law concerns.

Tips for Parents with Children Struggling to Cope with a Divorce

Divorce can be hard on children. Here are some tips to help parents help their children get through this challenging time in their life:

• Communicate with your child’s teacher – If your child starts acting out at school, it is essential to communicate with their teacher. Explain the situation to the teacher and ask for their support in helping your child cope with the changes in the family dynamic. The teacher may be able to offer additional resources or support to help your child.

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 Posted on March 06, 2023 in Divorce

 Divorce mediation is a process where both parties work with a third-party mediator to come to a mutually beneficial agreement on issues such as child custody, division of assets, and spousal support. While mediation can be a less stressful and costly alternative to litigation, it may only be a viable option in some cases. Today, we will discuss when mediation may not be the best course of action. If you are interested in getting a divorce, consult with a knowledgeable attorney so you understand your rights and legal options.

Situations Where Divorce Mediation May Not be Suitable

There are several situations where divorce mediation may not be sufficient, including:

• Domestic violence – Mediation may not be a safe option if there is a history of domestic violence or abuse. In cases of domestic violence, it is essential to prioritize the safety of the sufferer and their children. An experienced family law attorney can help domestic abuse sufferers obtain an order of protection and navigate the legal process.

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 Posted on February 23, 2023 in Divorce

While divorce is a challenging time for everyone involved, fathers going through a divorce may face unique challenges. Above all, it is essential for fathers to understand their rights and responsibilities during the divorce process thoroughly and to take steps to protect their interests and the interests of their children. If you are a father heading toward a divorce, consider contacting a knowledgeable divorce attorney who will protect your rights and do everything in their power to help ensure you receive a fair divorce settlement.

What Fathers Should Keep in Mind During a Divorce

Child custody is one of the most critical considerations for fathers going through a divorce. In most cases, both parents have a right to be involved in their children's lives. That being said, the specific custody arrangement will depend on the children's best interests. Parenting plans are extremely important in Illinois divorce cases involving children. Time and effort are required to ensure that the parenting plan addresses all that must be addressed.

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 Posted on February 17, 2023 in Family Law

 Prenuptial agreements, often referred to as “prenups,” are legal contracts between two individuals planning on getting married that set out how their assets and property will be divided in the event of a divorce or death of a spouse. Prenups have become increasingly common for a variety of reasons.

If you are getting married and are interested in signing a prenup or learning more about them, consider contacting an experienced family law attorney to guide you through the process and make you aware of everything you need to know.

What Can a Prenuptial Agreement Do for Me?

Many people are not aware of the ways that a prenuptial agreement can benefit them. If you are getting married, a prenuptial can help you accomplish a variety of goals, such as:

• Keeping finances separate - Modern spouses are often highly independent. They want to keep their finances separate from their partner’s spouses. A prenuptial agreement can help you do this.

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