Posted on October 15,2024 in Divorce

Most people are familiar with many of the steps a couple needs to go through to finalize their divorce. They need to decide who will get what, when their child will be with either spouse, and how much child support or spousal support will be paid.

What some are surprised to learn is that debt amassed during marriage also needs to be divided during a divorce. If you are concerned you might get stuck paying for your spouse’s credit card debt in a divorce, contact a qualified Schaumburg, IL family law attorney to understand your options.

How is Debt Divided Among Spouses in Illinois?

Since Illinois divorce follows an equitable distribution model, assets and debts obtained during the marriage are to be divided fairly by the spouses. Equitable does not mean equal, so one spouse will likely end up receiving or paying more than the other.

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 Posted on September 18,2024 in Child Custody

When parents go through a divorce, it can take a serious toll on the family - financially, emotionally, and even logistically. With spouses scrambling to figure out where they each will live and how new accommodations might affect their children, it is no wonder that tensions can run high. While there are typical arrangements that most families work towards, all people are different so one solution will never be the right answer for everyone. In divorce, as in all areas of life, it can help to think creatively to come up with a solution that could suit your family’s unique needs. If you and your spouse are willing to work together to find an outside-the-box solution, speak with a Schaumburg, IL family law attorney about whether birdnesting could be a good option for you.

What Does Birdnesting Mean?

When parents go through a divorce, and both have parenting time, a typical arrangement includes one of them staying in the family home and the other moving somewhere nearby. The child takes turns staying with each parent on the preappointed dates. It generally means that the child needs to make sure to bring important things for special days like their after-school activities or special school projects.

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 Posted on August 16,2024 in Family Law

Paternity establishment in Illinois is not just a matter of biology – it is a legal process that shapes the future of families. When a child is born to unmarried parents, establishing paternity becomes a vital step that affects legal rights, financial obligations, and personal relationships. This process can have life-changing consequences for children, mothers, and fathers. An Illinois lawyer can help you figure out any paternity issues that you may have.

Methods of Establishing Paternity

Illinois law provides three primary methods for establishing paternity:

• Voluntary Acknowledgment of Paternity (VAP): This method involves both parents signing a legal document affirming the father’s paternity. It can be completed at the hospital following the child’s birth or later at a designated state agency.

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 Posted on July 19,2024 in Child Custody

Parenting a child after divorce can be difficult. Custody schedules, decision-making, and emotional adjustments are just a few of the issues that parents and children must deal with after divorce. Some of these are addressed in the parenting plan, a document every divorcing parent must submit to the court for approval. A parenting plan tells the court how you plan to co-parent. This includes how you will make decisions about the child and how the parents will divide parenting time, also known as physical custody.

One of the biggest challenges with post-divorce parenting can be communication with your ex-spouse. This is especially true if poor communication was the reason the marriage broke down in the first place. A communication deficiency can make it very difficult for the parents to adhere to the parenting plan, which is likely to affect the child negatively.

That is why some parents work with a parenting coordinator. This article will discuss what a parenting coordinator does and when one may be necessary. Contact an Illinois child custody lawyer with any questions about parenting coordination or parenting plans.

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 Posted on June 20,2024 in Order of Protection

Divorce is known for being a difficult process that breeds unpleasant emotions. Some spouses who go through divorce do so amicably, but with others, it turns into a hostile feud. The process brings out the ugly side in some people, leading them to do things that they previously might never have imagined doing.

Stalking, for example, is something that sometimes happens during or after a divorce. People who get divorced are more likely to be stalked by a former spouse than by others. Stalking is often driven by feelings of jealousy, where a spouse has trouble letting go of his or her partner and accepting that the relationship is over.

Stalking is illegal and is known to cause severe anxiety, fear, and distress in victims. If you are being stalked, an Illinois family law attorney may be able to help you obtain an Order of Protection.

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 Posted on May 22,2024 in Child Custody

Parents who get divorced often have trouble getting used to the fact that a court can get involved in life decisions that affect the child. For example, if a parent begins dating someone who might be a threat to the child’s well-being, the judge can restrict that parent’s parenting time, also known as physical custody.

Similarly, if a parent wants to relocate with the child, he or she will require court approval. An Illinois divorce lawyer will be able to determine this by looking at several factors, which this article will discuss. The general rule is that if either parent makes a change that affects the parenting plan, he or she will need court approval.

What Is a Parenting Plan?

A parenting plan is a legally binding document that outlines how two ex-spouses will parent a child together after the divorce. It includes such details as:

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 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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