Posted on November 18, 2020 in Divorce

Getting a divorce is rarely easy, but for some couples, the divorce process can be especially troublesome. It is normal for a divorcing couple to have disagreements, but when it seems as if the conflict will never cease, you can begin to feel worn down and burnt out. This can end up affecting not only your divorce case, but your physical and mental health, too. In many cases, a high-conflict divorce is the product of a high-conflict spouse. Often, it is possible to predict whether or not your spouse is likely to be combative or difficult to work with during your divorce process, allowing you to prepare yourself emotionally, mentally, and practically.

Managing the Divorce Process With a Difficult Spouse

If you are going through a high-conflict divorce, here are a few ways to help you survive:

• Limit the contact you have with your spouse. The easiest way to limit the stress of a high-conflict divorce is to limit the amount of communication you have with your spouse. A high-conflict spouse may thrive off of the arguments and the rise they can get out of you, so limiting the amount of time you spend talking with one another limits the amount of time they have to escalate the situation. Try to cease face-to-face communication and keep emails, text messages and phone calls short and simple.

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 Posted on November 16, 2020 in Divorce

With so many attorneys in practice in the United States, it is important for potential clients to know how to weed out those who will fight for them from those who simply want to look busy. It can be very helpful to come into an attorney’s office with a list of questions to ask and to know which answers you want to hear. Divorce is one of the most stressful events most people will experience, and ensuring you have a quality attorney on your side can make an enormous difference. Some important questions to ask include:

#1. What Is Your Experience Level?

While some people think family law is a "safe" or easy discipline, it is in fact extraordinarily complex. In Illinois, it is arguably more so, as many rules and laws do not necessarily align with those of other states. It can be a game-changer—for the worse—if your attorney does not have significant family law experience, as regulations frequently change and the stakes in these cases tend to be very high.

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 Posted on November 11, 2020 in Prenuptial & Postnuptial Agreements

Many people are familiar with prenuptial agreements—or prenups—and the pros and cons associated with them. However, what most do not know is that they can actually be quite complex and address much more than standard asset division. They are also not as ironclad as popular culture paints them to be. It is imperative that before you enter into a prenuptial agreement, you have a good understanding of exactly how they work.

What to Include and Leave Out

Among the primary reasons that couples choose to enter into a prenup are to protect one spouse from the consequences of the other’s debt, or to ensure that provisions are made for the children of a previous marriage. Inheritance laws in most states do not differentiate between the children of a current marriage or a previous relationship, so if there was a promise to, for example, save a personal item for a child of one’s first marriage, it can be advantageous to note that in a prenup. Prenuptial agreements are legally binding, unless it can be proved that the agreement is unenforceable.

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 Posted on November 11, 2020 in Family Law

Over the years, there have been many significant advancements in law and society when it comes to recognizing different family situations. For example, same-sex marriage was not only frowned upon but was illegal in many parts of the country for hundreds of years until a 2015 Supreme Court ruling. Unfortunately, there are also many ways that the laws still reflect traditional family structures. For example, Illinois generally presumes the father of any child born to a married mother to be the mother’s husband, though there are many situations in which this may not actually be the case. If a person wants to contest the paternity of a child, it is possible but it can be difficult, which is why hiring a paternity lawyer is recommended.

How Do I Contest Paternity If I Am Married?

When a child’s mother is married when the child is born or within 300 days before the child was born, the person the mother is or was married to is legally presumed to be the father of the child. Establishing paternity is a crucial step in solidifying a father’s rights to his child, but it also means that a legal father will be held to certain parental responsibilities, like child support, in the event of a divorce. If a man learns or suspects that he is not the biological father of his wife’s child and wishes to contest his paternity, he must take swift legal action, or the judge could choose to deny his petition.

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 Posted on November 09, 2020 in Property Division

Most of the decisions you make during your divorce can and probably will affect you for the rest of your life, but one of the most important decisions you and your spouse must come to is how you will divide your marital estate. For many couples, this can be an emotional and highly contentious process because of the importance placed on their belongings and the need to have financial security after the divorce process has been completed. The way marital property is divided can affect a person’s financial stability or even their ability to retire later in life. With so much at stake, Illinois courts urge couples to try to come to an agreement on their own about property division, though, if they cannot, they will have to take the issue to court.

Factors for Consideration

If a couple is unable to reach an agreement about how their marital estate will be divided, they will have to appear before a judge so that he or she can make a determination for them. If this happens, the judge will only make decisions about marital property, which means most property that was acquired after the couple was legally married but before a judgment of legal separation was entered. The judge will consider a variety of factors, including:

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 Posted on November 04, 2020 in Divorce and Finances

Apart from acknowledging how much will be needed for rent and basic monthly expenses after a divorce, it is all too easy, and common, for divorcing couples to find themselves shelving the financial aspect of the split until after the process is finalized. When you consider the emotional toll of the end of a marriage and additional stressors such as parenting plan arrangements, a potential relocation, and maybe even a new partner for one or both parties, money is often one of the last things couples wish to think about. This can be especially harmful for those who have very limited funds to begin with, or for those who have little to no employment options when the marriage unravels.

The Importance of a Financial Game Plan

No matter how much or how little money you have to work with, the lack of a financial game plan can result in a divorce that does not turn out in your favor. For example, if you and your spouse were already in serious debt prior to the separation, those debts may only get worse and become more unmanageable if they are ignored. As overwhelmed as you may already be, avoidance is never the answer where your financial well-being is concerned, especially when you are about to experience a significant shift in income and overall lifestyle due to the split.

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 Posted on November 04, 2020 in Child Custody

Getting a divorce brings about many changes to your everyday life, which can be especially true if you are a parent. One of the biggest and most difficult changes to cope with for many Illinois divorcees is how much less time they get to spend with their children. In Illinois, the default is to allow both parents to have unrestricted parenting time with the child, unless there is strong evidence that unrestricted parenting time would be harmful to the child’s physical or emotional and mental well-being. If restrictions are required, a common example is requiring the parenting time to be supervised.

What Does Supervised Parenting Time Look Like?

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), supervision during parenting time simply means that there is a third party present during the parenting time of the parent in question. Typically there are two types of "supervisors" or third parties that are often used in supervised parenting time cases:

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 Posted on October 29, 2020 in Family Law