Posted on August 27, 2020 in Divorce

If you have not previously been divorced, then you understandably do not know what the divorce process actually entails. Everything that you know about the divorce process probably comes from what you have heard from your friends, family members, coworkers, and other people who have talked about their experience with divorce. While it can be helpful to have support from loved ones, you should speak to an Illinois divorce lawyer for the truth about any topics that may be of concern to you. Here are a few common myths that still exist about divore and the truths behind those myths:

You Must State a Reason For Your Divorce

Just a couple of years ago, the state of Illinois changed its divorce laws immensely. One of those changes was removing the option of choosing fault or naming a reason for the divorce. Now, the only legal reason stated for getting a divorce is irreconcilable differences which caused an irretrievable breakdown of the marriage.

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 Posted on August 20, 2020 in Divorce

Divorce has become common enough that some couples seek to lower costs by purchasing “at-home” divorce kits and filing their own legal paperwork. In some situations, this approach can work, but most couples will save time, money, and stress by partnering with a skilled divorce lawyer to walk them through the process. There are a number of very important reasons to consult with a lawyer on all divorce-related concerns. Consider some of the most common:

Reason #1: Experience Is Key

Divorce lawyers handle divorce cases on a daily basis. As a result, even lawyers who have been practicing for only a few years have seen all types of cases and circumstances. Lawyers know the law, the courts, and the local judges. They can also bring up important points that you might not consider while trying to handle things on your own.

Reason #2: Lawyers Offer Informed Advice

Because divorce attorneys have seen it all, they are among the best sources for answers to questions about the divorce process. They understand spousal maintenance payments, property division, and parenting arrangements. While all divorces can benefit from legal representation, complicated divorces practically require a skilled lawyer for advice and representation.

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 Posted on August 18, 2020 in Child Custody

For many divorcing couples, children are a part of the picture and must be properly handled before the divorce can be finalized. Getting a divorce when you have any children at all increases the complexity and difficulty of the legal process, but doing so when your children are in their teenage years can provide for rather unique and interesting issues. If your children are still minors, you and your spouse must have a parenting plan approved and in place before you can have a judge finalize your divorce agreement. Creating a parenting plan can be straightforward in some situations, but when you are creating a parenting plan for teenagers, there are some things you should keep in mind.

Flexibility is Important

When you have a child who is a teenager, they are just beginning to blossom into young adults. Their lives are no longer revolving around you and the family. They have other things going on in their lives, such as school, friends, extracurricular activities, sports, jobs and significant others. A strict parenting plan will only cause stress for everyone and can put a strain on the relationship between you and your teen. Having a flexible parenting plan is important for successfully co-parenting a teenager.

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 Posted on August 17, 2020 in Divorce

In most cases involving divorce or family law matters, the parties are able to negotiate an agreement outside of the courtroom. They only require the court to approve and formalize terms already drafted, with very little actual decision-making happening during the approval. Sometimes, though, the parties cannot reach an agreement and the matter is left to the court to decide. Such a ruling by the court typically carries an air of finality, especially if it feels like you were on the “losing” end. A less than favorable judgment is not necessarily the end, however, and filing an appeal could potentially allow you to work toward setting things right.

Act Quickly

Following the entry of the initial court’s judgment, you have 30 days to file a Notice of Appeal. The notice must be filed with the circuit court and announces your intention to challenge all or part of the judgment and the relief that you intend to seek. The reviewing or appellate court may grant an extension for up to an additional 30 days, but only if you have a justified reason for missing the original deadline.

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 Posted on August 12, 2020 in Divorce

We all know how challenging interpersonal relationships can be. Unfortunately, difficult situations like divorce and child-related legal proceedings can bring out the worst in people, making such relationships even more trying. Thanks to modern technology, individuals are more readily accessible to one another and connected like never before. Thus, it is easier than ever for your soon-to-be ex-spouse to lash out and send an angry text or email, tempting you to respond in a similar manner. Doing so, however, can be detrimental to your case, so it is important to keep your focus on moving forward.

Responding Is Not Always Necessary

When you receive hostile communication from your former partner or your child’s other parent, keep in mind that the email or text has no power over you unless you allow it to have this power. Angry messages may be an attempt by the sender to vent or relieve his or her own frustration, or they may be intended to rile up your emotions. Before deciding how to respond, step back and determine if a response is even required or appropriate.

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 Posted on August 11, 2020 in Child Custody

While parenting after a divorce or a breakup of unmarried parents will nearly always be challenging, your child will benefit from determined cooperation between you and your former partner. Parents have long been permitted to develop their own agreements regarding child custody—as long as they promoted the best interests of the child—however, the law in Illinois was recently amended regarding child custody and parenting concerns. Today, divorced or unmarried parents are not only allowed to create a parenting plan, but they are fully expected by the court to do so. One element that must be considered in drafting a parenting plan is each parent’s right of first refusal and whether such rights are appropriate for a particular situation.

Extra Parenting Time

At some point, all parents will need someone to watch their children. This, as you might expect, may be frustrating at times for a parent whose time with his or her child is already limited due to a divorce. On the other hand, a parent in that situation may also be looking for additional ways to participate in the child’s life. Including the right of first refusal in your parenting plan could directly address both concerns.

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 Posted on August 10, 2020 in Divorce

For many Americans, March was the last month that had any sort of normalcy to it. As the coronavirus pandemic swept across the globe, it hit the United States especially hard, with the number of confirmed cases topping five million in recent days. The pandemic is responsible for closing thousands of non-essential businesses and forcing many others to conduct business remotely or work from home. This was true even for government operations, such as business conducted at the DuPage County courthouse. For those who are in the middle of the divorce process or are thinking about beginning the process of getting a divorce, the biggest question running through your mind is likely, "Is a divorce even possible at this time?"

Changes to Court Procedures

Thankfully, the answer to that question is yes, it is still possible to get a divorce during the pandemic, though it may be a little different from what you thought your divorce would be like. Beginning on June 8, the DuPage County courthouse reopened for normal business hours, but with changed procedures to help implement social distancing guidelines and other policies to protect court staff, judges, attorneys, and visitors. These guidelines include:

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 Posted on August 07, 2020 in Divorce

If you have spent any time on social media over the last few months, you have undoubtedly seen your friends and loved ones expressing their displeasure over the challenges that 2020 has presented. Among the most stressful of these challenges are those that are linked to the outbreak of the novel coronavirus. As the COVID-19 pandemic made its way across the country, entire cities and states shut down large portions of their infrastructure starting in March. Now that we are in August, things are slowly beginning to open up again—albeit amidst fears of a second wave of coronavirus infections.

Over the last few months, many couples and families have spent a great deal of time in close quarters with one another. For some families, the time together has proven to be a blessing. For others, it has felt like a curse. If you are among the latter group—or if a divorce was already a possibility for you before the COVID-19 lockdown—you may be wondering if you can still file for divorce during these unpredictable times. Presuming you intend to file your divorce petition in Kane County, there are ways for you to get a divorce even as the COVID-19 crisis continues.

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 Posted on July 31, 2020 in Family Law

When parents get divorced, there are many things that suddenly become a topic of concern for their children. Once you determine how you will split parenting time, you can then begin to calculate how much child support will be paid by whoever has the least amount of parenting time. In the state of Illinois, child support calculations take into account both parents’ incomes, the number of children, and the amount of parenting time that is allocated to each parent. Child support may also include a child’s medical expenses, which either or both parents can be responsible for. Child support calculations can be complicated and disputed, but an Illinois divorce lawyer can help you ensure your parenting plan addresses your child’s medical needs and his or her medical expenses.

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 Posted on July 30, 2020 in Asset Division

Every divorce case will have its areas that cause disputes. For some couples, child-related issues will be the epicenter of most of the divorce conflict. For others, typically spouses who do not have children, the asset division process can be this source of contention. The asset division process can be long and confusing, especially since much of the process involves delving into your finances.

Unfortunately, divorce can bring out the worst in some people, prompting them to do things that they normally would not do or things that they know they should not do. In a high-asset divorce, it is not uncommon for a spouse to attempt to hide assets or otherwise keep his or her spouse from receiving a portion of the marital estate. This is where help from a forensic accountant can be beneficial.

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