Posted on June 29, 2023 in Divorce

According to national statistics, the divorce rate among the military is almost double that of any other profession, at approximately 3.09 percent. It is even higher for female members, at more than 4.50 percent. Although any divorce can be complex, military divorce is even more so because of the types of benefits that may be involved, as well as issues with parenting time. This is why it is important to speak with a divorce attorney if you are considering ending your marriage.

Military Benefits

Qualifying for military benefits after a divorce depends on several factors, including the length of the marriage, the duration of the military service, and specific regulations outlined by the Uniformed Services Former Spouses' Protection Act (USFSPA).

If you were married to a service member for at least 20 years overlapping with their military service, and their service includes at least 20 years of creditable service for retirement, you may be eligible for certain benefits. This is often referred to as the "20/20/20 rule" under the USFSPA. These benefits could include medical coverage through the Department of Defense (DoD) healthcare system, commissary and exchange privileges, and access to other military facilities.

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 Posted on May 30, 2023 in Family Law

Divorced and unmarried parents who share custody of their children may run into many different types of disputes throughout the years. One of the most significant issues parents run into is that of parental relocation. When one parent wants to move a significant distance away with the child, it can make it difficult to nearly impossible for the other parent to spend adequate time with the child.

If your child's other parent wants to relocate to a new residence that is a significant distance away and you are concerned about how this will impact your child, it is important to know your legal rights and options in this situation.

Parental Relocation in Illinois

To understand your rights and options regarding relocation, it is necessary to understand the difference between a move and a relocation. Illinois law describes relocations based on where an individual currently lives and the distance between the current residence and the proposed future residents.

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 Posted on April 17, 2023 in Divorce

 Divorce is hard enough as it is, but it can become even more complicated if one spouse has a severe mental illness. There are many important things to consider as you begin the divorce process. If you are looking to divorce your spouse and are concerned with how their mental illness may play a role in proceedings, contact an experienced divorce attorney to ensure your rights are protected and you have access to the legal support you need.

Here is What to Keep in Mind

Keep in mind that in Illinois, mental illness is not a factor that can be considered when determining the grounds for divorce. Illinois is a "no-fault" state, which means that the grounds for divorce are irreconcilable differences. This can be a helpful factor in cases where mental illness is a factor, as it can help to remove any stigma or bias from the proceedings. 

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 Posted on March 30, 2023 in Divorce

 Divorce can be a tumultuous time for any family since, at the core of a divorce, it is a permanent change in a family dynamic. Unfortunately, some parents may attempt to use their children as pawns during a divorce. One such tactic is parental alienation, where one parent tries to turn the children against the other parent. If you are a father going through a divorce and you suspect your wife is trying to alienate your children from you, it is essential to take proactive steps to protect your relationship with your children. Consult with a family law attorney to protect your rights as you move through this challenging time. 

Tips on What You Should Do to Counteract Your Spouse’s Attempt at Parental Alienation

Here are some considerations for what to do including:

• Maintain open communication with your children – One of the most important things you can do to counteract parental alienation is to maintain open communication lines with your children. Stay involved in their lives, listen to their concerns, and address any negative information they may have heard about you. Reassure your children that you love them and will always be there for them, regardless of the divorce.

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 Posted on February 22, 2023 in Divorce

Going through a divorce can be a challenging and stressful experience. It is a complicated process that involves a lot of paperwork, negotiations, and legal proceedings. In many cases, divorce can significantly impact your future and the future of your children if you have any. Even though the complexity of divorce is well-known, many people often think they can handle it without the help of an attorney. Today, we will discuss why having a lawyer for your divorce case is in your best interest. 

How Can a Lawyer Help Me?

Many people getting divorced have never worked with a lawyer before. They may not understand exactly what a lawyer does or how a lawyer can benefit them during divorce.  Divorce lawyers help clients in many ways, including:

• Knowledge of family law – Family law is complex and constantly changing. An experienced divorce lawyer has the knowledge needed to navigate the legal system and protect your rights. Furthermore, they can explain the legal implications of your decisions and help you understand the consequences of your actions.

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 Posted on January 11, 2023 in Divorce

Getting a divorce can be an excruciating process for all parties involved. The process can be long, expensive, and emotionally traumatizing; so much can be at stake, and placing matters in the hands of a judge, you may fear that your wishes will not be satisfied. Fortunately, there is another way to go about the process called mediation. 

In essence, mediation gives a divorcing party a way to have more control over the outcome of their particular case. For example, suppose you and your spouse are seeking a divorce. In that case, experienced divorce attorneys familiar with the mediation process may help you and your ex-spouse effectively address the issues on the table and make decisions that both parties can agree on. 

The Process of Mediation

According to Forbes, most Illinois divorces resolve without ever having to result in a trial. Avoiding trial often means multiple rounds of mediation and negotiation behind the scenes. Contingent on the circumstances of the case, mediation can be court-ordered, which is when a judge appoints a mediator. In other situations, divorcing parties may agree to resolve their legal issues with the assistance of a mediator. During the mediation process, the parties will convene with a neutral mediator who will then help the parties identify issues that must be addressed. The mediator does not make any decisions. Instead, they assist the parties in working together to reach compromises that all can be satisfied with. 

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 Posted on April 15, 2020 in Divorce

Courts in Cook County and the surrounding collar counties in Illinois have taken measures in response to Governor Pritzker’s shelter-in-place order in an attempt to enforce social distancing guidelines and help combat the spread of the coronavirus. At this time courts have ceased conducting most regularly scheduled day-to-day activities until at least the end of April. Cook County courts will not resume regular activity through May 15, 2020.

Notwithstanding the above, courts are still accepting new cases as well as filings into pre-existing cases during this time. Some courts, such as Cook County, also have processes in place to take care of routine matters dealing with issues such as Temporary Parenting Time, Temporary Spousal and/or Child Support and Agreed Orders, which can take care of important preliminary issues that move the case towards a final resolution. Additionally, if you have an uncontested matter, meaning that there is a complete agreement between the parties, there is a possibility to have a final judgment entered during this time to resolve the case.

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 Posted on April 07, 2020 in Child Support

The Coronavirus Pandemic has created a financial crisis for many families throughout Illinois. Workers have already been laid off or faced severe reductions in hours.  New unemployment claims in Illinois increased by 178,000, or 1,833% for the week ending March 28, 2020, from the same week one year earlier. Many families in Illinois will struggle to pay their ordinary and necessary living expenses including rent, mortgage, and other bills.  This financial hardship will be especially difficult for divorced or divorcing parents in Illinois to pay their court ordered child support. 

In Illinois, child support and the modification of child support are governed by the Illinois Marriage and Dissolution of Marriage Act.  Under the Act, once entered by a court, child support orders continue and remain in effect even though you may not be financially able to pay your child support.  To mitigate economic harm as much as possible, payors of child support must take immediate action to file a motion for the modification of child support upon the occurrence of substantial change of circumstance including, unemployment, reduction of income or other substantial change in ability to pay child support.  In Illinois, modifications of child support are retroactive to the date the moving party filed and served notice of the motion to modify child support to the other parent.

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 Posted on December 24, 2019 in Divorce

A marriage often turns two families into one. This is especially true when a couple has children. New babies gather people together, and children may develop close bonds with aunts, uncles, or grandparents as they get older. When a divorce happens, relationships between extended family members can become awkward. However, children and relatives may want to maintain their relationships, and grandparents and other family members will want to be sure to understand their rights after a divorce. For parents, time spent with children is outlined in a parenting plan. Instead of “custody” and “visitation,” Illinois law refers to these as “parental responsibility” and “parenting time” respectfully. In Illinois, although the rights of parents come first, a grandparent may have the right to non-parental visitation with a child depending on the circumstances. This extends to great-grandparents, siblings, and stepparents as well. 

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 Posted on December 18, 2019 in Divorce

Many people celebrate Christmas and New Year’s with different festivities. Children especially look forward to the holiday season for many reasons. After a divorce, there can be uncertainty about how winter holidays will be orchestrated for both children and parents. This can be resolved with a set schedule for parenting time. It is important to remember that every family is different, and it is still possible to enjoy whatever holidays you celebrate after a divorce. How and when you observe them might change, but the sentiment of togetherness can remain the same. 

How Many Families Go Through Divorce?

Statistics show that half of all children in the United States will experience their parents getting a divorce. Half of those children will experience a second divorce, and 10 percent of all children who have seen one divorce will go through three or more. A divorce can have a significant impact on children, regardless of their age. These feelings may be exacerbated during important times in their lives like family holidays and birthdays. Although a parenting plan will create the logistics of how holidays will be spent as a divorced family, there are emotional aspects that may take years to figure out. The following tips will help you, your ex, and your kids spend a pleasant holiday as a divorced family. 

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