Posted on May 13, 2020 in Child Custody

Even though a divorce technically just involves you and your spouse, the two of you are not the only ones who will be affected by the divorce. Getting a divorce affects the whole family, especially if you have children. Having children also means there is likely a greater chance that there will be disagreement during your divorce proceedings. When it comes to child-related issues, it is not uncommon for parents to be unable to see eye-to-eye. In cases in which there is extensive disagreement, a judge may appoint a guardian ad litem (GAL) to your case to help your children’s voices be heard.

What Is a GAL?

In Illinois, the default procedure is to encourage parents to come to an agreement on child-related issues. The court will try to get the parents to use various methods of negotiation, including mediation, to settle disagreements. If the judge determines that the parents are unable to work together or put their children’s needs ahead of their own, they may appoint a GAL to help keep the children’s best interests in mind. A GAL is a highly-trained professional, often an attorney, who is appointed to basically be the attorney for the children and protect their best interests.

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 Posted on May 08, 2020 in Family Law

Unfortunately, domestic violence is something that is present in millions of families throughout the country. Domestic violence occurs when a person commits an act of abuse or violence toward a family or household member. Sometimes, it can be a stressful event that triggers the beginning of the violence, such as a separation or divorce. Other times, violent tendencies that were already present are just exacerbated by the divorce. Whatever the situation, there are remedies available to you to help you protect yourself and your children. The most common form of help for these situations includes the issuing of an order of protection.

What Is an Order of Protection?

An order of protection is a legally-binding court order that can help protect you if your spouse is being violent or abusive. An order of protection can contain provisions that your spouse must adhere to or face further penalties, with the most common requirement being to stay away from the petitioner. An order of protection can be brought against a person by any of that person’s family or household members, including spouses, former spouses, parents, children, roommates, people who are dating and adults with disabilities, and their caregivers.

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 Posted on May 06, 2020 in Division of Assets

Getting a divorce brings about all kinds of issues that you must deal with, both emotionally and financially. Though the emotional side can be difficult to manage, the financial side has a lot of bearing on how your life will turn out in the future. Financial issues can be especially important for older couples who are nearing the age of retirement. Retirement accounts are assets that are usually quite valuable to both spouses, setting the stage for disagreements over how the assets will be divided. Ignoring or forgetting your retirement accounts during your divorce could spell disaster for your financial future. If you are getting a divorce, be sure to take these necessary precautions to help protect your retirement plans.

Understand What You Are Working With

Before you make any decisions, you should fully understand what type of retirement accounts you and your spouse have and the rules that govern each account. Common retirement accounts include employer-sponsored plans such as a 401(k) and individual retirement accounts such as an IRA. Each type of plan has its own rules, especially when it comes to dividing and distributing the funds.

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 Posted on April 29, 2020 in Divorce

Having a child puts everything into perspective. Instead of focusing on yourself, your goal is to make sure your children are happy, healthy, and grow up to be successful, well-adjusted adults. Many people falsely believe that the best situation for children is having two parents who are in a relationship with one another, but staying together for the kids can actually do more harm than getting a divorce.

Studies have shown that children who are subject to constant stress and conflict have more issues with anxiety, depression, anger, and social difficulties. However, there are also studies that show children whose parents divorced are actually well-adjusted and successful, suggesting there is a way you can help your children through divorce.

Helping Your Children Through the Process

If you are getting a divorce, you should be proactive about how you deal with the situation if you have children. Here are a few ways you can minimize the impact your divorce has on your children:

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 Posted on April 24, 2020 in Child Custody

Getting a divorce is an extreme life change. Nearly every single aspect of your life is affected when you make the decision to get a divorce. And not just your life -- the lives of your family members are also affected. Even though your children are not the ones getting divorced, divorces do not discriminate and affect everyone around them. It is not uncommon to seek a change in scenery after a divorce. For some people, moving allows them to be closer to family, closer to a job opportunity, or simply just offers a fresh start. Children are often a point of contention throughout divorce, but they can also be a point of contention when it comes to relocating.

Petitioning for Relocation

If you were assigned the majority of parenting time or an equal amount of parenting time during your divorce, you can ask the court to allow you to move with your child. To do this, you must first notify your child’s other parent in writing at least 60 days before the intended move. Your notice should include your date of relocation, the new address where you and the child will live, and how long the relocation will last if it is not permanent.

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 Posted on April 22, 2020 in Child Custody

Getting a divorce has many ramifications, especially when it comes to familial relationships. Not only are you splitting up with your spouse, but you are also splitting up your family unit, which in many cases includes extended family such as grandparents, aunts, uncles, and cousins. In many families, grandparents have a close relationship with their grandchildren, especially if they helped care for them. Unfortunately, divorce can bring out the worst in people and a parent can interfere with the relationship between the child and a grandparent for whatever reason. Illinois laws address this issue in the Marriage and Dissolution of Marriage Act.

Visitation Rights of Certain Non-Parents

The state of Illinois has recognized that extended family members often play a large role in a child’s life. In some families, grandparents take care of the children while the parents are at work. In other families, the child spends a significant amount of time with his or her step-parent. The law allows certain family members to petition for visitation or electronic communication when a parent “unreasonably” denies visitation or communication and the denial has caused undue mental, physical or emotional harm. These family members include:

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 Posted on April 17, 2020 in Division of Assets

Like many Americans, your vehicle is probably one of the most important and valuable things that you own. In today’s world, many families have multiple vehicles to get them from one place to another. In the event of a divorce, deciding who gets the vehicles can often be straightforward, but there are certain issues that should be addressed before the final decision is made. Consider these things when making decisions about how to divide your vehicles in a divorce:

• Is the vehicle separate or marital property? The first thing that you should consider when dividing your vehicles is whether the vehicles are marital or nonmarital property. If you purchased the vehicle before you were married, then it is considered nonmarital property and you keep the vehicle. If you purchased the vehicle while you were married, then the vehicle must be allocated to one of you.
• What is the market value of the vehicle? When dividing your property, it can be useful to know the monetary value of your assets. When it comes to vehicles, one vehicle might be worth more than another because of the age or features of the vehicle. This can be used as a bargaining chip for other assets to make up the difference between the two.

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 Posted on April 15, 2020 in Divorce

There is no arguing that an uncontested divorce is easier for everyone involved. When divorces are amicable, there is less arguing and less stress involved in the process. You also get to complete your divorce at your own pace when the divorce is uncontested. The state of Illinois even offers a specific divorce process for couples who do not have any major disagreements or extenuating circumstances surrounding the divorce.

Joint Simplified Divorce Requirements

The joint simplified dissolution procedure is a set of guidelines to help couples get a quick and easy divorce. However, not everyone can use this set of guidelines. There are certain requirements that couples must meet before they can file for a joint simplified divorce. A couple can only file a joint petition for a simplified dissolution if:

• Neither spouse is dependant on the other spouse for financial support, or each spouse is willing to waive the right to support

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 Posted on April 10, 2020 in Mediation

Once you have come to the decision that you and your spouse are getting a divorce, your next task is to determine how you will go about getting the divorce. Though it may be surprising, there is more than one way you can get a divorce. Your default choice when you make your decision should be some form of a collaborative process. You can use a collaborative process, litigation, or mediation. The process you use to get divorced entirely depends on your unique situation and what would work best. An Illinois divorce attorney can help you determine the right course of action.

What Is Divorce Mediation?

Divorce mediation is a type of alternative dispute resolution (ADR) that allows you and your spouse to work with a third-party mediator to complete your divorce. Mediation, unlike most other forms of divorce, does not assign an attorney to each spouse. Instead of attorneys, the mediator is present to keep the couple on track about which issues they must address and helps to settle arguments if they arise. As such, the mediator is not allowed to give legal advice and is not permitted to pick sides or sympathize more with one spouse.

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 Posted on April 08, 2020 in Child Custody

Though it remains federally illegal, marijuana for recreational use and medical purposes is legal in the state of Illinois and other states across the country. In its fourth month of legality, recreational marijuana still faces negative stigmas surrounding its use. In Illinois divorce cases, spouses may become concerned about how recreational cannabis will factor into the case. In many cases, a spouse’s recreational cannabis use will not significantly affect the outcome of the divorce. However, in some situations, a spouse’s recreational marijuana use may affect certain aspects of the divorce case.

Marijuana Use and Asset Dissipation

Couples who divorce in Illinois must come to an agreement on how their assets will be divided. The only assets that are subject to division are marital assets or those gained by either spouse during the marriage. This can include income or money in savings accounts. Asset dissipation occurs when one spouse uses marital property for their own benefit for a purpose unrelated to the marriage, while the marriage was undergoing an irretrievable breakdown. If a spouse has a habitual and excessive cannabis hobby, the other spouse may be able to claim that the cannabis-using spouse dissipated marital assets to fuel their cannabis use.

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