Posted on April 24, 2019 in Divorce

People get married intending to spend the rest of their lives together. Unfortunately, not all relationships work out, even after having been committed to the partnership for a long time. A divorce is a stressful life event to go through, especially after years of commitment and having children together. After the legal process, it may take time to get over divorcing your spouse. 

Why Do People Get Divorced?

Each couple is different, and the specific reasons for divorce vary, but there are several common reasons a couple will decide to end their marriage. Infidelity is one of the most common reasons a marriage ends. An unfaithful spouse has traditionally been a standard legal grounds for divorce, as they are breaking their marital vows. Other reasons for divorce include different aspirations, financial difficulties, or the loss of love for each other. 

A divorce can be the most painful break up a person will face. An attorney will assist with creating a parenting plan for your children or dividing assets with your spouse, but how to continue after the divorce is up to you. It is essential to take care of not just your physical and financial well-being, but there are steps you can take to be emotionally healthy as well:

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 Posted on April 18, 2019 in Divorce

Deciding to get a divorce is the first step to complete the legal process. Whether you and your spouse make the decision together, or it is a one-sided decision, the process of getting a divorce can seem overwhelming. Having experienced legal counsel will make the divorce process easier, particularly if any issues arise. 

Illinois Divorce Laws

In Illinois, divorce is legally referred to as the dissolution of marriage. To file for divorce in Illinois, you must have resided in the state for at least 90 days. To begin the legal process, the first step is to hire a skilled divorce attorney who can complete all the required paperwork. Details about your marriage and your spouse will be included, including where you were married, places of employment, and addresses. These forms must be filed with the county court you are asking for a divorce. There will be a filing fee, and if necessary, a service fee. 

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 Posted on April 09, 2019 in Divorce

When getting a divorce, one of the biggest concerns is how decisions regarding children will be made between the former spouses. In Illinois, this is called parental responsibility, which dictates the important aspects of a child’s life. Decisions about medical care, education, and religion are made by the parents, who share this responsibility. Decisions about a child’s care are made through what is called a parenting plan. 

What is a Parenting Plan?

A parenting plan is a court order that decides which parent sees the child and when, and how they are cared for. Although the time spent with both parents is rarely an exact 50/50 split, in most cases, the court will decide that the child will benefit the most from seeing both parents regularly. In lieu of “visitation” in Illinois, the term used is “parenting time,” which is defined as time performing parental duties and care. 

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 Posted on April 02, 2019 in Divorce

A married couple may decide to start a family, but what happens if that couple decides to get a divorce while expecting a child? A divorce and pregnancy are stressful on their own, but experiencing them together presents a unique set of challenges. In Illinois, a pregnancy in no way restricts your ability to end a marriage, but there are some reasons a family may choose to delay divorce finalization until after the child is born. 

Whether this is a first child or a new addition, it will be important to discuss what is best for your growing family. Although you and your spouse may not see eye to eye anymore, reaching common ground about an unborn child and divorce will reduce everyone’s stress. Consider some of these points when making decisions about your divorce with a baby on the way. 

Paternity

While there is no question about the biological status between mother and child at birth, paternity - the legal relationship between a father and child - is sometimes unknown or contested. When a child is born to a married couple, the woman’s husband is assumed to be the legal father and has rights to the child. The child also becomes eligible for benefits from the father, such as health insurance, social security benefits, and any inheritance. Without being married, you may have to establish paternity, such as signing a voluntary acknowledgment of paternity form. On the other hand, if the paternity of the child is not certain at this point in your relationship, it may be best to end the marriage and prove paternity after.

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 Posted on March 26, 2019 in Divorce

The division of marital property is an essential part of the divorce process, but what some people forget is the division of debts. Whether credit cards, car loans, or student loans, it is important to take a close look at the debts that have accrued as a couple.

Every state has its own approach to dividing property, money, and debts. In Illinois, these are split according to what is equitable, not necessarily even, and takes various factors into account. Anything that is considered marital property can qualify for division. 

What is Marital Property?

Marital property includes assets and debts accumulated during the marriage. If one spouse bought a car before the marriage, it would likely go to the original buyer. However, if the couple bought the same vehicle during the marriage, that would qualify for equitable division.

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 Posted on March 19, 2019 in Prenuptial and Postnuptial Agreements

It is never a bad thing to plan for the worst-case scenarios in life, including what will happen if your marriage ends in divorce. Planning with your significant other for issues like the division of marital assets while you are on good terms is better than arguing about them during a contentious divorce process. Having a plan in case of divorce may seem like a negative way to start a marriage, but it can give peace of mind no matter what happens after tying the knot. 

Getting married affects all aspects of your life, including finances, social life, inheritances, and more. Meeting with an experienced family law attorney to create a legal agreement in case the marriage fails can benefit both parties in the long run. 

Here are the two most common legal agreements for couples:

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 Posted on March 12, 2019 in Divorce

When children are young, birthday parties are a way to make them feel special, with family and friends in attendance. However, after a divorce, celebrating a child’s birthday may feel like a complicated and daunting task. Your child deserves to have a great day, but seeing your ex-spouse and being reminded of your divorce may not be the best situation for everyone involved. You may also feel increased pressure to make things perfect for your child, especially if you are recently divorced.

To start, your parenting plan may have all the answers. You might have communicated what to do for family birthdays in your divorce agreement. A parenting plan dictates which parent a child spends time with and when. Maybe that was a while ago, and things have changed, or it was not included at all. 

Here are some tips for handing birthdays to make sure your child continues to feel celebrated on their special day:

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 Posted on March 05, 2019 in Divorce

Marriage is a union that brings two people together. In order to get married in Illinois, two adults age 18 years or older have to sign a marriage license at the county clerk’s office. After presenting proper identification and paying a fee, you can be legally married. It takes two consenting adults to get married, but when it comes to divorce, if one partner cannot be located, service by publication can be issued to relieve the abandoned partner.

When getting a divorce, the first step is to file a petition to end the marriage with the court. This involves paperwork you file with your local clerk’s office. Your petition will be assigned a case number and a judge, and a summons will be issued. The summons is what the other spouse receives to initiate the divorce process. There are five ways to provide this notice:

• Sheriff’s service
• Voluntary acceptance
• Service by a special process server 

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 Posted on February 25, 2019 in Child Custody

Child custody, known as the allocation of parental responsibilities in Illinois, is one of the more complicated aspects of a divorce. Despite your opinion and feelings about your ex-spouse, you both still have the common ground of loving your children together. No one wants to feel like their children are taken away, or that they are being purposely kept from them. With the right parenting plan, you can create a schedule that benefits everyone. 

In recent years, Illinois has implemented changes to family law procedures regarding divorce and children. Along with the change from child custody to the allocation of parental responsibilities, the terms “sole” and “joint” custody are no longer used. Visitation is also an outdated term, and parenting time is now used in its place. 

The very idea of splitting time with your children can feel like a daunting task. Here are some common questions parents have about child custody when going through a divorce.

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 Posted on February 18, 2019 in Divorce

With all the planning and effort it takes to get married, getting a divorce is an equally demanding reversal. However, instead of booking venues and picking flower arrangements, you are hiring attorneys and dividing assets. Some religions also frown upon divorce, which can add another layer of complexity. Still, there are many possible reasons someone may decide to divorce their spouse. 

In Illinois, a judge will grant a divorce if the couple has irreconcilable differences or has lived separately for six months. The divorce process starts by filing forms and serving them to your spouse. If you are conflicted on your reasons for wanting a divorce, here is a list of common factors that often cause individuals to make the critical decision.

Infidelity

Getting a divorce may feel like a betrayal of your promise to make it through the good times and bad, but a cheating partner largely nullifies that rationale. If your spouse cheats, there is something they are missing from your relationship and they would rather seek it elsewhere. Some couples can work through an affair, but it is often a deal-breaker for many. If you have suffered through repeated affairs, it is time to consider why you would want to put up with that any longer. 

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