Posted on April 16, 2024 in Prenuptial and Postnuptial Agreements

A prenuptial agreement is a legally binding document that some couples sign before marriage. It outlines the rights and responsibilities of each party in the event of a divorce, the most important of which is usually asset division. A prenuptial agreement can help make many parts of the divorce process go smoother because many issues have already been settled.

Signing a prenuptial agreement can improve your chances of having an uncontested divorce, which is when both parties agree on all parts of the divorce. Still, many couples shy away from signing an agreement because it is emotionally difficult to discuss the end of the marriage.

If you got married without signing a prenuptial agreement, the first step is to contact a qualified family lawyer in Illinois who can help you draft a postnuptial agreement.

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 Posted on March 14, 2024 in Child Custody

It can often be stressful and complicated for parents to agree on how they will divide custody of their children as well as the other parental rights and responsibilities. It is common for parents to want more time with their children and to try to show the court that they can offer a good, safe environment for them. But what happens when someone has serious concerns about their spouse’s mental health and how it might factor into their divorce proceedings? An experienced Schaumberg, IL divorce lawyer can guide you through this challenging time.

How Can Mental Illness Impact Our Divorce Proceedings?

The state of Illinois follows the no-fault divorce model, meaning irreconcilable differences are the only legally recognized grounds for divorce. Therefore, a spouse’s mental illness will not be blamed for a couple splitting up, but it can bring up some challenges during the divorce process.

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 Posted on February 18, 2024 in Divorce

Divorce cases can be complex, especially when issues of asset dissipation arise. Gambling, in particular, can have significant implications on the division of marital assets. If you are going through a divorce and believe your spouse’s gambling habit may constitute asset dissipation, discuss this concern with your divorce attorney. Your lawyer will ensure any instances of asset dissipation are accounted for

Establishing Intent and Recklessness

To establish asset dissipation through gambling in a divorce case, it is crucial to demonstrate the intent or recklessness of one spouse in depleting marital assets. Courts consider several factors to determine if gambling constitutes asset dissipation, including:

• Excessive gambling – If one spouse engages in excessive gambling, consistently risking substantial amounts of money, it may suggest a pattern of asset depletion and potential dissipation

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 Posted on January 12, 2024 in Divorce

For a stay-at-home mom getting a divorce, the process can present unique financial and custody challenges that are extremely anxiety-inducing. This anxiety is likely founded based on the unknown of the legal system. However, for stay-at-home moms getting divorced, there is some good news: you do not need to become a legal professional overnight. Lawyers are ready and willing to help you navigate the situation to pursue a favorable case conclusion. Not only will your attorney be proficient in traversing the legal system, but they will also ensure you fully understand your rights. Understanding your rights can help the entire process run more effectively.

Understanding Your Rights as a Stay-at-Home Mom

You must understand your legal rights for anyone getting a divorce, but especially for a stay-at-home mom. For example, Illinois follows equitable distribution laws when dividing assets. Equitable distribution means your property and assets will not be split precisely down the middle 50/50. Instead, they will be divided in a way that is deemed equal and fair. As a stay-at-home mom going through this process, gathering documentation detailing your household contributions, such as managing finances, raising children, and supporting your spouse’s career, will be essential. This evidence can help ensure your contributions are recognized and considered during property division negotiations.

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 Posted on December 11, 2023 in Divorce

Divorce is a process where it can become easy to become bogged down and engulfed in negative emotions. While this makes sense, as divorce is rarely an easy process emotionally, it is important to remember for all parties going through a divorce that keeping a level head is very important, especially when children are involved in the situation. However, sometimes, the emotions of the process become too much to bear, and tempers flare. Illinois courts may appoint a parenting coordinator to help move along the custody side of things to ensure the well-being and best interests of the children in the situation. Discuss with your divorce attorney whether a parenting coordinator may be beneficial to your Illinois divorce.

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 Posted on November 09, 2023 in Family Law

In the legal system, a Guardian ad Litem (GAL) plays an important role in protecting the best interests of vulnerable individuals, such as children whose parents are going through a divorce. In some instances, a GAL is appointed by the court to advocate for those who cannot advocate for themselves. If you are currently going through a custody dispute in your divorce or another family law matter involving your children, contact a qualified lawyer in Illinois to get the legal assistance you need today.

Top Three Duties of a GAL 

1. Investigation and fact-finding – One of the primary functions of a Guardian ad Litem is to conduct thorough investigations and gather relevant facts about the case. This includes interviewing all parties involved, including the children, family members, teachers, healthcare professionals, and other key individuals. By doing so, the GAL can gain a comprehensive understanding of the situation and make informed recommendations to the court. Through their investigation, a GAL can uncover critical information that may have been overlooked or intentionally concealed. This function is crucial in cases involving child custody disputes, abuse, neglect, or any situation where the well-being of a vulnerable person is at stake. The GAL’s ability to gather accurate information and present it to the court is essential in ensuring a fair and just outcome.

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 Posted on October 23, 2023 in Divorce

A couple going through a divorce needs to reach agreements about many things: Where will each spouse live? What happens to joint retirement funds? Will either need to make spousal support payments? One of the things that a couple can acquire that can be one of the most contentious things to figure out is a family home. If you are considering divorce and you and your spouse own a home together, a Schaumburg, IL divorce attorney can help you determine how to make this difficult decision.

The Complications of Deciding the Future of a Family Home

What happens to the family home in a divorce can be a source of bitter dispute. One easy situation to resolve is if neither spouse wants to keep living there and the mortgage has already been paid off. In such a case, the couple can sell the house and split the money. Another relatively simple solution would be if one spouse wants to stay in the home and the other does not. In such a case, they would likely need to figure out some sort of monetary compensation for the spouse who walks away from it, but generally, both would probably be pleased with the arrangement. However, when both spouses want to stay in the home, property division can turn into a complicated issue to resolve.

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 Posted on September 19, 2023 in Divorce

When a couple is first considering divorce, they may find the entire process overwhelming. There are different options for how two people can legally end their marriage, and it can be hard to figure out which is the best for you. If you and your spouse are considering divorce, mediation could be a good option. A Schaumburg, IL mediation lawyer can help explain what is involved and guide you through the process.

What Exactly Is Mediation?

In any legal dispute, the people involved can settle their arguments in court. However, they also have the option of entering alternative dispute resolution (ADR) instead. This means that they can try to settle their issues outside the courtroom. This is the case for many types of legal disputes, including divorce.

Mediation is similar to a negotiation, where the sides try to reach an agreement together with their respective lawyers. But here, there is a mediator who acts as a neutral third party helping facilitate the discussions and working toward an agreement that both sides will find acceptable.

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 Posted on August 23, 2023 in Divorce

Filing for divorce can be an emotionally difficult and complex process. It is important to avoid common mistakes that could negatively impact your divorce settlement. Here are some key mistakes to steer clear of when filing for divorce in Illinois.

Not Establishing Residency

In order to file for divorce in Illinois, you or your spouse must have lived in the state for at least 90 days. This is known as establishing residency. Failing to meet this residency requirement could result in your divorce petition being rejected. Be sure you or your partner have physically lived in IL for the required time period before filing.

Rushing to File the Initial Petition

It is tempting to want to hurry up and start the divorce process. However, it is wise to take your time and consult with an attorney before filing the initial petition. This ensures you understand Illinois divorce laws and how assets, debts, spousal support, and child custody may be impacted. Rushing through the initial filing can lead to mistakes.

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 Posted on July 25, 2023 in Family Law

Issues concerning children during a divorce can be highly contentious. Generally, both parents want to spend as much time with their child as possible. The time a child spends with each parent is referred to as “parenting time” in Illinois. There is another type of custody as well. Formerly called “legal custody,” the allocation of parental responsibilities refers to a process in which the responsibility of making important decisions about a child’s upbringing is allocated. This may be done by mutual agreement of the parents, or it may be determined by a judge if the parents cannot reach a reasonable agreement. In the majority of cases, both parents will share some decision-making responsibility. However, there are cases where one parent is solely or primarily responsible for making decisions on behalf of the child. 

What Decisions Can a Parent Who Has Been Allocated Responsibilities Make?

Even after a divorce, there may be times parents need to share decision-making responsibility. Allocating certain responsibilities to a certain parent can provide the child with consistent parenting between households. The types of decisions that can be made by a parent who has been allocated responsibility for making them can include: 

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