Posted on November 14, 2019 in Divorce

The divorce journey looks and feels different for every couple, with varying shades of complexity. From the amicable to the horrendous, divorces manifest in all kinds of distinct ways, depending on the circumstances surrounding the relationship and if children are involved. Something every divorce has in common, however, is that they are all emotionally charged events by nature. Regardless of how civil both parties are with one another throughout the process, everyone involved is bound to experience emotional pain and discomfort, especially as the divorce proceedings develop. Difficult issues can arise that must not only be discussed but also resolved between both parties in order to make progress and move forward.

Typical Setbacks and What to Do When They Happen to You

Conflicts, even small ones, are inevitable throughout the divorce process. Here are some issues that commonly cause setbacks for both parties during the transition and how to address them when they happen to you:

Continue Reading ››

 Posted on November 11, 2019 in Divorce

We are all familiar with common reasons for why people choose to end their marriage. A divorce can be brought on for many reasons, such as infidelity, lifestyle conflicts, financial disputes, or simply two spouses growing apart. No matter the reason, getting a divorce is a long process with challenges along the way. Given that some people have unusual reasons for getting divorced, legally terminating your marriage can be a complicated process. That is why it is important to understand Illinois laws regarding divorce. In addition, you should have professional legal assistance to make sure your rights are protected throughout the proceedings.

Illinois Divorce Law

In an Illinois divorce, one party will have to start the process by filing for a petition for dissolution of marriage. The person who filed is known as the petitioner, and the other spouse is the respondent. For an Illinois divorce to be granted, the marriage must be filed in the state, and both the respondent and the petitioner must be living in the state for 90 days. The divorce papers are served to the other spouse, and he or she has a certain amount of time to respond.

Continue Reading ››

 Posted on November 08, 2019 in Child Custody

Whether your child is in elementary school or is an adolescent in high school, they may experience the same emotional roller coaster that parents do when their family is going through a divorce. No matter how amicable or peaceful the decision to separate may be between parents, no one in the family journeys through the divorce process entirely unaffected. If your child is exhibiting certain signs, he or she may be having difficulty with the divorce. As a parent, it is important not to ignore these behaviors and instead address them head-on in order to maintain a healthy relationship with your child.

Recognizing When Your Child Is Having Trouble Coping

While studies show that civil, respectful relationships between divorced spouses can help support healthy healing for children of divorce, the emotional impact of the breaking of the family unit is still hurtful. Trouble coping is natural and to be expected in the midst of a family divorce, but if you notice any of the following changes in your child’s life on a day-to-day basis, it may be a sign that they are having an especially hard time adjusting to the change:

Continue Reading ››

 Posted on November 07, 2019 in Wills and Trusts

Wouldn’t it be nice if every individual was fiscally responsible and able to make good decisions about money? Of course it would be, but, sadly, that is the world we live in. In reality, countless people have a tough time with their finances and establishing healthy spending habits. For people like this, money tends to burn a hole in their pocket, so to speak, and is often spent in frivolous ways-at least according to their family members and friends.

This issue is frequently relevant in the realm of estate planning, as those who are creating an estate plan may have concerns about leaving a large inheritance to a child, grandchild, or another heir who has shown to be bad with money. They worry that the assets that they have worked hard to accumulate will be gone quickly, but they fear that potential family in-fighting that could result from cutting the would-be heir out of the estate plan entirely. If you are facing such a dilemma, you might consider using an incentive trust.

Continue Reading ››

 Posted on November 04, 2019 in Divorce

When people get divorced, they are forced to make decisions about splitting the life they built together. In most situations, this will include assets and finances. When a couple has children, this affects the above variables, but also creates new challenges during the proceedings. In most cases, an Illinois judge will keep both divorcing parents in a child’s life, but the care of that child is referred to as the allocation of parental responsibilities and will be organized through a parenting plan.

A parenting plan is an organizational system used by divorced adults with children. The plan allocates parental responsibility and parenting time, which have replaced the terms custody and visitation in Illinois law. These terms mean different things, but they do have overlap. Parenting time is quality time spent with a child. It may be playing their favorite game, providing basic necessities, and disciplining them. Having parental responsibility has more to do with decisions that affect a child's future or well-being. A parent who has parental responsibility will have parenting time. However, there may be cases in which a parent is allocated parenting time but does not have any decision-making responsibility for children.

Continue Reading ››

 Posted on November 01, 2019 in Divorce

Has your marriage reached the point where it is no longer a healthy part of your life? A marriage can deteriorate for many reasons, but according to Illinois law, there is only one legal basis for divorce. Thanks to changes to the state’s family law statutes several years ago, a divorce can only be granted on the grounds that irreconcilable differences have pushed the marriage beyond the point of repair.

Understanding Irreconcilable Differences

When Illinois permitted fault-based divorce, such grounds were fairly straightforward. They included behaviors like adultery, repeated mental or physical cruelty, abandonment, and other actions that were easy to understand, even if they were difficult to prove during a divorce. Irreconcilable differences, on the other hand, are rather vague. In fact, there is no single definition of irreconcilable differences contained in the law. Instead, the phrase is understood to mean that the spouses are no longer able to remain in a marital relationship with one another.

Continue Reading ››

 Posted on October 29, 2019 in Maintenance

As you go through the divorce process, you and your spouse will have many issues to consider and address. For example, you must decide how you will divide your marital assets, make arrangements regarding your children, and think about how you will manage your post-divorce life. In many divorce cases, the issue of maintenance-also known as spousal support or alimony-can be challenging, as it is not easy to “put a price” on the end of your marriage.

You might be perfectly content to allow the court to make decisions about maintenance, but it is important to keep in mind that you have the right to develop an agreement with your spouse that meets both your needs while keeping the court out of the decision-making process.

Cooperate and Communicate

Frankly, divorce is never easy, but more and more couples today are approaching the process with a spirit of cooperation. It is not uncommon for both spouses to reach the mutual conclusion that they would be better off apart than they would be if they stayed married. The spouses still care about one another, however, and have no desire to cause one another unnecessary stress by dragging out the divorce process. With a similar attitude, you and your spouse could develop a spousal maintenance arrangement quickly and efficiently.

Continue Reading ››

 Posted on October 25, 2019 in Estate Planning

One of the primary objectives of the estate planning process is to make sure that your wishes regarding your property and assets are followed in the event of your death. While the estate planning lawyers at our firm can help you draft the appropriate documents and make the process as easy as possible, there will still be many decisions that are yours to make. For example, it can be tough to choose which people in your life will receive a portion of your estate-and how much they should receive! As you think about those you would like to include in your will or estate planning trusts, you may wish to consider:

Choosing Multiple Heirs

You have every legal right to simply name your spouse-or another important person, such as your child-as your sole heir and beneficiary. Just because you have the right to do so, however, does not mean you should. The purpose of your estate plan is to set things up for the future, which cannot be predicted. Naming just one heir will prove all but useless if something were to happen to that person. Then, your assets would suddenly become dependent on that individual’s estate planning choices. If you select several heirs, however, or set up contingency beneficiary levels, you will be able to retain more control over how your estate is distributed.

Continue Reading ››

 Posted on October 23, 2019 in Divorce

When it comes to divorce in the family, no one is fully immune to its emotional effects. Even the most civil of interactions between divorcing spouses can be deceiving. What might seem at first to be a friendly, mutual agreement may actually be subtly rife with tension. Conflict can simmer, and it may surface over time as the divorce proceedings unfold. By nature, divorce is a very emotional event in one’s life, and it tends to stir up a myriad of feelings for both parties, especially as the experience begins to feel more real and moves closer to its final stages.

Common Triggers in High-Conflict Divorces

Conflict in divorce often stems from sensitive issues like money and child-rearing. These topics can be very touchy for everyone involved, even when both parties are working together to resolve the problems. Here are some of the most common sources of conflict for divorcing spouses:

1. Parenting time - Also referred to as visitation, parenting time is the amount of time each parent will spend with their child after the divorce. Any disagreement over quality time with children is usually a guaranteed trigger for conflict between spouses. Problems typically arise when the parties begin to discuss a proposed parenting plan, which specifies the parameters of visiting time for both parents.

   Continue Reading ››

 Posted on October 23, 2019 in Divorce

Being a teenager can be tough. The wrong haircut or a break-up can feel like the end of the world, so the major life changes that teens will experience when their parents go through a divorce can be especially traumatizing. Studies show that slightly less than half of all marriages end in divorce in the United States, and a quarter of teens whose parents divorce will experience emotional issues. Generally speaking, getting a divorce with children makes the split more complicated. Although a teenager will likely be able to conceptualize what a divorce means better than a younger child, the teen’s emotions may be more dramatic.

A divorce can be a turning point in any child’s life, and family changes can cause stress. A teen may develop anxiety and depression, or he or she may go through a phase involving substance abuse or poor grades. Every teen will react to divorce differently depending on their emotional maturity and family relationships. Recognizing signs that your teen is struggling during your divorce is important in order to help him or her cope with the transition.

Continue Reading ››