Posted on June 05,2019 in Child Custody

As times have changed, so have laws concerning divorce and child custody, which Illinois now calls the allocation of parental responsibilities. Rather than just assuming the mother is the obvious caretaker for the children in a marriage, the state of Illinois believes that children will thrive and do their best when both of their parents have an active parenting role in their lives. Because of this, it is assumed that it is in the child’s best interest to spend time with both parents unless there are other reasons why a shared parenting time arrangement would not be in the child’s best interest. If the court has reason to suspect that such a restriction on parenting time may be warranted, they can order a professional evaluation of the situation to be completed.

Basics of a Professional Evaluation

If a professional evaluation is ordered by the court, often, a mental health professional will be hired. These professionals may be psychiatrists, psychologists, therapists or counselors trained in family disputes. Depending on the information the court is looking for, the evaluation can be focused on the parents, the child or a combination of the parties. 

Continue Reading ››

 Posted on May 30,2019 in Divorce

When it comes to making the decision to get a divorce, one of the biggest reasons couples hesitate to begin the process is because of their children. A rather common question that couples have when deciding whether or not to get a divorce is, “How will it affect the children?” While there is no one specific way divorce affects children, it is known that children can and will bounce back after their parents get divorced. Many couples think that staying together for the children is the best option, but it is, in fact, the opposite. Here are a few ways that staying in a bad marriage can have a negative effect on your children:

1. Your Kids Can Develop Low Self-Esteem: Children absorb everything around them. When they are living in a household where mom and dad are fighting all of the time, they may begin to feel unsure of themselves or even rejected. Children will internalize their emotions, and constant fighting can cause them to develop feelings of unworthiness.

   Continue Reading ››

 Posted on May 22,2019 in Divorce

Often, being married means nearly every part of your lives are entwined with each other – and finances are no exceptions. Many married couples have joint finances and share financial assets such as bank accounts, credit card accounts, investments, and even retirement accounts. When you go to get a divorce, you have to split all of that up in the most equitable way possible. This can be difficult even for the most amicable of couples. It is important to understand that a lot – but not all – of your post-divorce financial success depends on how you handled the finances during the divorce. Here are a few things you can do after the divorce to ensure you have a bright financial future:

1. Take Care of Your Credit: You should take steps to make sure your credit is protected and that you are starting to build new credit in your name only. If there are any credit cards still open in both your and your ex-spouse’s name, be sure to close them as soon as possible. Open one or two credit cards in your name only to begin building credit on your own.

   Continue Reading ››

 Posted on May 16,2019 in Child Custody

When you have children, one of the hardest aspects of life after a divorce is figuring out how to be a successful and effective co-parent. This can be especially difficult for couples who no longer get along with one another or who had a very contentious divorce. Though you may wish you were rid of your spouse, having children with them prevents that from being possible. It is your job to work together with your ex to make sure you can provide a secure and loving childhood for your kids. Co-parenting after your divorce is one of the toughest things you will learn to do, but it is also one of the most important. Here are a few tips to help increase your chances of co-parenting success:

1. Put Your Feelings Aside: This is perhaps the most important tip of all. You and your spouse need to make sure you are putting your feelings to the side and focusing on the wellbeing and happiness of your children. Your children should be the most important part of your life, and ensuring their happiness is more important than the issues you have with your ex.

   Continue Reading ››

 Posted on May 09,2019 in Divorce

Being married, even for just a few years, can leave you and your soon-to-be ex with a mess of tangled assets, which can be stressful when all you want is for the divorce to be over with. Illinois courts support the idea that divorces work best when the couple comes to agreements for issues on their own, although that is not always possible. Illinois judges will first make you and your spouse attend mediation sessions to try to work out the details of your divorce, but you will end up in court if it does not go as planned. The process of dividing your property can become lengthy, especially since you have to address almost everything you and your spouse own together or separately – even the not-so-common assets. 

Continue Reading ››

 Posted on April 25,2019 in Divorce

For many people, getting a divorce is the most difficult thing they have ever had to do or experience in their lives. Getting a divorce uproots your entire life after you have gotten used to it for years or even decades. Divorces not only spell emotional turmoil, but they can also wreak havoc on your finances if you are not careful. Many people often underestimate the effect a divorce will have on their finances or simply make poor decisions because they are under pressure. One way to avoid making these mistakes and to set yourself up for success after your divorce is by preparing before you even begin the divorce process.

Know What You Are Working With

Before you do anything, your first task is to take inventory of everything that you own. You should take stock of all assets and have all pertinent documents on hand, including:

Continue Reading ››

 Posted on April 18,2019 in Divorce

Most of the public perception of divorce is just what people have seen in movies and television or what they have heard from family and friends. While Hollywood does a good job of making intriguing entertainment, it can be partially to blame for some of the misinformation that has been spread about divorce. Divorce myths and misinformation can not only confuse you, but they can also be detrimental if you base your divorce decisions off of them. If you are considering filing for a divorce, you should be thoroughly informed of what you are getting yourself into before you do. Here are a few common divorce myths and the truths behind them:

1. Proving that your spouse committed adultery will help your case.

This might have been true 50 years ago, but most divorce courts no longer give any weight toward claims of adultery. In fact, most divorce courts do not care what the specific reason for divorce is. In Illinois, the only type of divorce that is recognized anymore is a “no-fault” divorce. Instead of choosing a reason for getting the divorce, you now only have to prove that there were irreconcilable differences that resulted in the inevitable breakdown of the marriage. The Illinois Marriage and Dissolution of Marriage Act also specifically states that decisions will be made “without regard to marital misconduct.”

Continue Reading ››

 Posted on April 11,2019 in Child Custody

Finalizing your divorce is often a weight off of your shoulders. After months and maybe even years of arguing back and forth, negotiating and finally settling on certain terms, you can take a deep breath, gather yourself and move on with your life. With the finalization of your divorce comes the finalization of the parenting arrangements for your child, and though things may seem like they have been decided, there will always be the possibility of change.

One major change that you may have to deal with after a divorce is whether your ex-spouse moves or not. Your spouse does not necessarily have to inform you of the move but is required by law to inform you if he or she intends to move with your child. When this happens, it is referred to as relocation, and you can either consent to the relocation or fight it.

Continue Reading ››

 Posted on April 03,2019 in Divorce

For many people, pets are like family members. Some people even think of their pets as if they were their children. If you are a pet owner, one issue that may arise during your divorce is who gets to keep the pet(s). Pets can be a big point of contention during a divorce, making for tense situations and heated arguments. Just a few years ago, the state of Illinois treated pets in a divorce like any other piece of marital property. During the allocation of the couple’s property, the pet was awarded to one of the spouses. In 2018, Illinois made a change to the Marriage and Dissolution of Marriage Act to allow judges to determine which spouse would be the best caretaker for the animal.

Changing Attitudes

Before the amendment to the Act was passed, pets were treated as property. Most of the time, the spouse who paid for the animal or who had a better financial situation between the two spouses was the one who was awarded the pet. Because of this, pets sometimes lost the person who cared about them the most and some spouses were left with animals they did not actually want.

Continue Reading ››

 Posted on March 28,2019 in Divorce

For many people, a divorce is a new start to their lives. The finalization of a divorce is a cause for celebration, especially considering how long and difficult the divorce process can be. Though you may want to forget that your former spouse exists after your divorce is over with, you may never truly be 100 percent separate from him or her, especially if you have children together. Many divorces will end with certain child support, spousal maintenance and parental responsibility orders being given, but that does not mean they are permanent. In some cases, you may need to revisit these issues and come to a new agreement. If this happens, you will have to petition for an order modification.

Factors Considered for Maintenance Modification

Either spouse – the payer or the receiver – can request to have spousal maintenance orders modified. Maintenance orders will be modified only if there is a significant change in circumstances to either spouse’s situation. In order to determine whether or not a modification is called for, the judge will look at a variety of factors, including:

Continue Reading ››