Posted on January 25, 2023 in Divorce

No matter what your marital arrangements look like, parenting involves making significant sacrifices for your children. Unfortunately, some parents end up making major economic sacrifices to raise their children by staying home to provide childcare and then are left in a vulnerable position when they need to file for divorce. If you are in this situation, understanding your options for getting divorced is an important part of protecting yourself now and in the future.

Temporary Spousal Support

When only one spouse works outside the home, that spouse often ends up controlling most or all of a couple’s finances. That can make it very difficult for the stay-at-home spouse to know the family’s financial situation, to get money to move out or otherwise protect themself, or to feel empowered to hire an attorney to file for divorce.

Recognizing this, Illinois law does allow for the provision of temporary spousal support orders. However, these orders are not automatic and are not granted to every spouse filing for divorce; instead, a spouse needs to petition for temporary support and a judge will determine whether the circumstances merit an award. Some things the judge will consider include:

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 Posted on January 20, 2023 in Divorce

Even when the outcome is ultimately welcome, the process of getting divorced is exhausting more often than not. You and your spouse will need to divide your belongings, make tough decisions about your parenting plan for any minor children, reach a settlement on spousal support, and much more. Dealing with these challenges can be easier with the help of a support team.

One such supportive individual that you may want guiding you throughout your divorce is a divorce coach. Divorce coaches are becoming more popular and offer several advantages. Read on to learn more about divorce coaching, and then contact an Illinois divorce attorney who is willing to work with you to complete your divorce in a way that feels right to you.

What Does a Divorce Coach Do?

The role of a divorce coach is to act as a trained mental health professional who deeply understands the potential impact of divorce on individuals and works with them to mitigate divorce’s negative effects. A divorce coach could help a client with co-parenting issues, understanding their child’s reaction to divorce, and overcoming feelings of anger or resentment towards a partner who may have done more than their fair share to end the relationship.

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 Posted on January 18, 2023 in Children and Divorce

When children are facing the difficult reality that their parents are getting divorced, they might respond by internalizing the conflict between the adults. Most children are generally not privy to the many arguments behind closed doors and disagreements that the parents have had for many years. As a result, children may turn inward and blame themselves for their parents’ failing relationship, as well as for the divorce itself. While you might realize that your divorce has nothing to do with your child, they might not be so sure, and it is your job to help your child to stop accepting the blame.

#1: Talk Openly and Carefully

If a divorce is coming, you and your spouse should make every effort to speak with your child together about what will soon be happening. You must be very clear that the split is due to issues that you and your spouse have with one another. Your child did not break the marriage, and they cannot fix the marriage. Also, be sure to talk to your child in a manner that is appropriate for their age, including the details you choose to share. For example, it might be true that the stresses of child-rearing did cause damage to the relationship between you and your spouse. However, if you say that to your second grader, they could interpret that as you saying that he or she caused your divorce by simply existing.

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 Posted on January 11, 2023 in Asset Division

As a marriage begins to irretrievably break down, both spouses are usually aware that they are headed for divorce. One of the most common consequences of this knowledge is the gradual separation of each spouse’s income and belongings, especially if one spouse moves out or plans to move out. However, despite their best efforts at separating personal and marital property, spouses must still face the scrutiny of a judge’s approval when getting divorced.

Following Illinois law on property division when it comes to things like bonuses, stock options, performance incentives, etc., can be challenging - especially when spouses disagree about whether they should share this compensation. Read on to learn how bonuses are handled in Illinois divorces and then schedule a consultation with a divorce attorney to discuss the specifics of your case.

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 Posted on January 09, 2023 in Paternity

Questions or disputes over paternity are very common, especially when the parents of a child have already separated or never had a formal relationship in the first place. Prospective mothers, who may be facing pregnancy and childbirth without a partner, are often torn between the benefits of establishing paternity and the drawbacks of establishing a permanent legal relationship between a child and a man whom she may not trust or know very well - or worse, that she fears.

If you are pregnant or recently gave birth to a child and are wondering whether the benefits of establishing paternity for your little one outweigh the potential risks, it is important to speak with an Illinois paternity lawyer who can help you explore your options and make an informed decision. If you do decide to move forward with a paternity suit, your attorney can help you manage that so you do not have to navigate the complex Illinois family court system alone.

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 Posted on January 05, 2023 in Child Support

College is notorious for being exorbitantly expensive; even if a child attends an in-state school, they could be paying tens of thousands of dollars a year to earn a degree in a field that may or may not have good prospects for future financial success.

Many parents, especially those who are divorced and who do not share values and priorities, are torn over whether the cost of sending a child to college is ultimately worth it. While parents who are still married cannot be compelled to pay for an adult child’s college education, many parents who are divorced may be surprised to learn than they can be. If you have a child approaching college age and you are wondering about your child support obligations regarding their university tuition, read on and then contact an Illinois adult child support attorney for advice in your specific case.

Parents Can be Ordered to Pay for a Child’s College Degree in Illinois

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 Posted on December 29, 2022 in Divorce

Divorce is rarely simple or pleasant, but certain types of personalities tend to make the divorce process much more hostile. This can include personality disorders like Borderline Personality Disorder, paranoid schizophrenia and other mental illnesses, and even people who, while having no diagnosable issue, are just plain cruel or vindictive.

Yet the divorce must go forward and for parents of young children, this means seeking a resolution to complex issues of parental responsibilities and parenting time. It can feel impossible to do this, but eventually, every divorce is concluded and every set of co-parents finds or is given a parenting agreement and you will get through yours, too.

Let Your Lawyer Protect You

While the divorce is ongoing, it is important to let your attorney manage issues with your spouse by communicating with your spouse’s attorney. If at all possible, avoid speaking with your spouse. You can request an interim parenting plan that dictates how parenting time will be shared and how children will be moved between households; doing so may be the best way to protect yourself and your child. If you must communicate with your spouse, do so only in writing so you can document any abuse or hostility. Depending on the levels of abuse, you may need to seek an Order of Protection that prohibits your spouse from contacting you or your child altogether. Each case is unique and your attorney can help you decide the best path forward.

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 Posted on December 27, 2022 in Family Law

After parents of minor children get divorced or break up, they need to formalize several different categories of arrangements that will determine how the co-parenting process will work. This can involve a lot of frustration and negotiation as parents, who are often separating precisely because they have fundamental differences in values and judgment, struggle to reach an agreement about what is best for their children.

One of the most common areas of conflict has to do with a child’s education. Where should the child go to school? Should both parents be expected to ensure a child’s homework gets done and turned in? What if one parent wants a private or parochial education for their child and the other does not? These are all important questions that need to be answered in a parenting plan, which will be approved by a judge and enforced by Illinois family law courts.

How Do Co-Parents Make Decisions About a Child’s Education?

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 Posted on December 23, 2022 in Divorce

Many people put off initiating divorce because they worry about the impact divorce and living alone afterward could have on their finances. This makes sense - after all, life is rarely less expensive when you are managing a home on a single income. But staying in an unhappy or abusive marriage is often untenable, even when finances are a compelling factor in the decision-making process. If you are considering divorce and are wondering how the asset division process could impact your financial portfolio, especially your hard-earned retirement, contact an Illinois divorce attorney.

What Happens to Retirement Accounts in Divorce? 

Retirement accounts are treated like any other part of the marital estate in a divorce. Illinois law requires marital assets to be divided fairly, although not necessarily equally, and this is true for retirement accounts as well. If you earned any portion of your retirement account before getting married, it is important to determine how much of the overall value of the account is made up of pre-marital funds. These are your personal property and will likely belong to you after the divorce, regardless of what happens with the remainder of the value of the account.

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 Posted on December 22, 2022 in Divorce

In times past, people had to prove fault when they wanted to get divorced. This meant bringing evidence before the court that their spouse was abusive, cruel, neglectful, or had abandoned the family. Now, however, thanks to an updated family law code, the only “grounds” for divorce in Illinois is irreconcilable differences, meaning that the relationship has broken down and does not stand a chance of recovery.

On a theoretical level, at least, most people would agree that infidelity is a good enough reason to end a marriage. When it actually happens, however, people often feel more torn; is one instance of infidelity enough to end a marriage, especially one that has gone on for many years, involves young children, and is generally happy? What about ongoing infidelity? While only you can answer this question, knowing a little about how cheating can impact divorce proceedings in Illinois may help you make the decision about divorce for yourself.

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