Posted on February 26, 2021 in Child Custody

Divorce is hard, no matter what the circumstances are or how “friendly” the divorce may be. Not only is it the end of a marriage, but the finality often hits home over and over again as discussions and negotiations take place regarding a couple’s assets and debts. Who gets the living room set? Who gets the good china? However, the hardest part about divorce typically involves the couple’s children and how parental responsibilities and parenting time are going to be divided.

When You and the Other Parent Cannot Agree

In the best cases, parents are able to come to an agreement and work out a parenting plan that will serve the best interests of their child while respecting each parent’s rights. In such cases, the court will generally approve the plan presented by the parents. Sometimes, however, the parents cannot agree, and litigation becomes necessary. Unfortunately, litigation has a tendency to turn bitter and contentious, which can be extremely difficult for children to deal with.

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 Posted on February 25, 2021 in Child Custody

In today’s world, most divorces are settled in some sort of amicable fashion. As the understanding of family, child, and adolescent psychology has evolved in the past couple of decades, family courts have increasingly advocated for couples to settle their issues in agreement with one another, which can lessen the burden on everyone. Unfortunately, however, not everyone is able to do this. Some couples end up in contentious situations that breed resentment that follows them into their post-divorce life.

Child-related issues such as parenting time and parental responsibilities are very emotionally driven topics that are often the cause of disputes after the divorce is final. Sometimes, a parent can take a dispute to the extreme and begin to interfere with the court-ordered parenting plan, which causes even more stress for the family.

Creating a Parenting Plan With Court Intervention

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 Posted on February 24, 2021 in Divorce

No one gets married with plans to get divorced. However, a large number of marriages—between 30 and 40 percent, according to recent estimates—fail to stand the test of time. Ending a marriage relationship is the most personal of decisions, and doing so can be incredibly difficult emotionally. Nevertheless, there are many things that may signal that it is time for you to file for a divorce.

What Are Irreconcilable Differences?

In 2016, the Illinois legislature abolished all fault grounds for divorce in the state. As a result, the only required grounds for divorce are that the marriage has irretrievably broken down due to irreconcilable differences. This basically means that the law recognizes the need for divorce when the marital relationship cannot be saved.

Nobody should have to live in a situation where there is constant bickering or where one or both partners no longer feel connected to each other. If it is difficult to have civil conversations with your spouse, it may be time to consider divorce. Other signs that a divorce may be the best option include infidelity, major substance abuse issues, financial dishonesty, or the simple inability to find joy and happiness in the relationship.

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 Posted on February 23, 2021 in Asset Division

When going through the divorce process in Illinois, couples typically focus on how to divvy up assets they acquired during the marriage. Less attention is paid to the financial obligations the parties incurred since the wedding date, so debt in divorce is often overlooked. In particularly contentious cases, bitter disputes and court battles may erupt as one spouse attempts to hold the other accountable for the amount due. Even if you are on relatively good terms, marital debts can often stand in the way when you are trying to reach an agreement on distributing real estate and personal property.

It is always wise to rely on experienced legal counsel when addressing divorce-related issues, so you should consult with an attorney about your specific circumstances. However, an overview of Illinois law may help you understand the basic concepts.

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 Posted on February 22, 2021 in Child Custody

When you and your spouse decide to get a divorce, there are a large number of decisions that need to be made about the various areas of your family’s lives that will be affected by your split. Perhaps most important for parents of young children is determining how to allocate parental responsibilities. A divorce can be a time of uncertainty for your children, but a strong parenting plan will help them succeed and ensure that both parents play an active role in their lives after the divorce.

What Is a Parenting Plan?

A parenting plan is an agreement between parents detailing how their children will be cared for after the divorce. This plan is an official part of the divorce decree, and it can help make the transition into post-divorce life as seamless as possible for a child as he or she adjusts to living in two homes and dividing time between parents.

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 Posted on February 19, 2021 in Divorce

Divorce can be a particularly expensive legal endeavor, especially for couples who already have complicated finances. When a couple or one of the spouses is struggling with debt, the costs of divorce can be incredibly difficult to bear. Many people benefit from pursuing debt relief through bankruptcy around the time of their divorce, but if this is something you are considering, you should understand how the timing of your filings can affect your finances and the divorce process.

Timing Your Divorce and Bankruptcy Filings

Some couples choose to file for bankruptcy together before beginning the divorce process. One benefit of doing so is the ability to share bankruptcy fees and costs with your spouse. Filing for bankruptcy before divorce can also help to simplify the division of marital assets and debts, especially in the case of Chapter 7 bankruptcy, through which certain assets are liquidated in exchange for the discharge of debt. Having a more clear understanding of where your finances will stand after bankruptcy can lead to a more equitable distribution.

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 Posted on February 18, 2021 in Property Division

Divorce is an emotionally and financially complex process that affects around 800,000 Americans each year. Sadly, some studies estimate that a person’s net worth could be reduced by as much as 77 percent by the time their divorce decree is finalized. The good news is that this is not always the case. In fact, those who plan and prepare effectively for divorce often fare better than those who do not.

Start by Taking an Honest Look at Your Debt

You may have heard about how important it is to account for all of your assets before your divorce. This is true, of course, but it is often just as important to carefully examine your debt. After all, debt is not going to simply disappear once the divorce is over. Instead, any debt belonging to the marital estate will be distributed between you and your spouse, much like your assets will be. However, there are often additional complexities when it comes to dividing debt. For example, mortgages and other large debts may not be as easy to “split” because the lender or extender of credit may not be willing or able to remove one of you from the account.

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 Posted on February 15, 2021 in Domestic Violence

Few people expect that they will need to protect themselves from a romantic partner. However, one out of four women and one out of nine men experience domestic violence, accounting for 15 percent of all violent crimes. Victims of domestic violence can take steps to escape an abusive situation by seeking help from an attorney and filing for an order of protection from their partner or spouse. However, even after escaping domestic abuse, many people struggle to move on and rebuild their lives.

What Is an Order of Protection?

An order of protection is a court-issued directive that provides legal protection for victims of domestic violence, abuse, or stalking. An order of protection can include a variety of requirements, including an order to stop the abuse, limits on contact between an abuser and his or her victims, and a requirement for the abuser to move out of a shared home. Having an order of protection in place can provide safety, and an alleged abuser can face serious consequences, including criminal charges, for violating the order. Police will take any domestic calls very seriously when a person has an order of protection in place.

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 Posted on February 10, 2021 in Children and Divorce

While older children typically understand the concept of divorce, younger children often struggle to grasp how their parents’ divorce will affect their everyday lives. They may not even fully comprehend that divorce means one parent will be living at a different home. Unfortunately, this lack of understanding can make coping with the divorce that much more difficult for the child. If you are considering a divorce, it is important to understand how you can help your child as you and your family go through the divorce process.

Talk to Children’s Health Professionals

A mental health professional, such as a child or family therapist, can offer insight into how your child may cope with the divorce, as well as your child’s level of understanding about the process. They can advise you regarding how to best support your child and stay alert for signs that the child is struggling, and they can also meet with your child to help him or her process feelings about the divorce. Your child’s pediatrician can also help you understand how the divorce may affect the child’s physical health and offer guidance regarding how you can continue to provide for your child’s growth and development needs, including adequate sleep and nutrition.

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 Posted on February 08, 2021 in Children and Divorce

During a divorce, each spouse is likely to experience a range of emotions, including grief, anger, regret, and feelings of betrayal. Sadly, the typical divorce process often exacerbates these negative emotions by seemingly placing the divorcing parties on opposite sides. Tempers can flare, and each spouse may focus on what they will walk away with once the divorce process is complete rather than working toward the best possible outcome for both parties.

When you add children into the mix, a contentious situation can become even more difficult, especially for the children who still love both of their parents. In fact, the damage can be so extensive that it carries on into the children’s adult lives. However, this does not have to be your children’s reality. You and your spouse can choose differently in your divorce and take an approach that focuses on your children’s interests.

Creating a Child-Centered Divorce

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