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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 Posted on July 23, 2020 in Divorce

It is no secret that marriage is the most difficult and rewarding relationship that one can commit to. All couples have their good and bad days – on some days, you could never imagine being with anyone else, and on others, the fighting seems to never stop. The highs and lows of marriage are unavoidable and many relationship professionals say that the “lows” of the relationship can often bring the couple closer together when all is said and done.

Unfortunately, not all marriages are meant to make it to the lifelong-finish line. The fighting can become too common, you may struggle to communicate, or you may evolve into different people over the years and grow apart. Before making the definitive decision to file for divorce, it is often suggested that couples seek out professional help to try and iron out their issues, if at all possible. Relationship specialists have identified the following common points of contention that they hear from many couples behind closed doors:

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 Posted on July 20, 2020 in Children and Divorce

Moving to a new town or state can be hard for children under any circumstances, as they try to adjust to a new school, new friends, and a new routine. It can be even more difficult after a divorce, since children may be moving a significant distance away from one of their parents. If you are a single parent and your career or personal circumstances require relocation, you should be aware of the potential impact the move will have on your kids and do all that you can to make the situation easier for them.

Advice for Helping Your Children Cope

Relocations are usually easier for children if both parents make an effort to help them cope with the situation and maintain consistency as much as possible. Here are some things you can do:

1. Modify Your Parenting Plan: In many cases, the parenting plan established during your divorce does not account for a relocation. If you are the custodial parent and you decide that relocation is necessary, you are required by Illinois law to notify the children’s other parent. If they agree to allow your relocation, you should work together to legally modify the parenting plan including any changes to parenting time and responsibilities. If they disagree, a court will have to rule on the relocation and updated parenting plan based on whether it is in the children’s best interests. In either case, having a clear parenting plan in writing that addresses the relocation can make it easier to uphold your children’s routine.

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