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.

Continue Reading ››

 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.

Continue Reading ››

 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:

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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

  Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

   Continue Reading ››

 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.

Continue Reading ››