Posted on December 19, 2019 in Family Law

An order of protection, also known as a restraining order, is filed when one individual feels threatened by the other and/or has experienced abuse. They are meant to keep you safe and out of harm’s way.

According to the 750 Illinois Compiled Statute 60/, Orders of Protection, an order of protection may be filed by:

• An individual who has been abused by a family or household member, or by an individual on behalf of a minor child or adult who has been abused by a family or household member and because of age, health, or mental or physical disability cannot file.
• A foster parent, legal guardian, or adoptive parent of that child if the child has been placed in the foster parents' home by the Department of Children and Family Services or by another foster child agency.

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 Posted on December 17, 2019 in Spousal Maintenance/Alimony

Spousal support, also known as maintenance, is court-ordered payments one spouse pays to the other spouse after a divorce.

The 750 Illinois Compiled Statute 5/504, titled ‘maintenance’ states that  “the court may grant a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, and the maintenance may be paid from the income or property of the other spouse.”

Ordered Maintenance

When deciding whether to establish spousal support, the court will use the following information to determine whether one spouse should pay the other maintenance payments:

• Income and property (of both parties; includes marital and non-marital property and financial responsibilities)

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 Posted on December 11, 2019 in Divorce

A couple experiencing issues may agree to separate for a period of time rather than make the decision permanent by filing for divorce. Although legal separation and divorce are two very different things, they both affect you, your spouse, and your future.

The Illinois Marriage and Dissolution of Marriage Act - Legal Separation

According to Illinois law, any person living separate and apart from his or her spouse may have a remedy for reasonable support and maintenance while they so live apart. This is known as legal separation. Even though you and your spouse are separated, you are still married and can remain married until either of you see fit.

Couples file for separation for reasons such as:

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 Posted on December 10, 2019 in Divorce

According to the National Institute of Mental Health, nearly one in five U.S. adults live with a mental illness, and approximately one in 25 adults in the U.S. (11.2 million) experiences a serious mental illness in a given year that substantially interferes with or limits one or more major life activities. One of these major life activities may be divorce, adding to the complication of the situation.

The Illinois Marriage and Dissolution of Marriage Act

Filing for divorce is not an easy process. When filing, you may take one of two options: filing with “grounds for divorce” or “no-fault.” However, unlike most other states, a spouse’s mental illness isn’t grounds for divorce in Illinois.

As of the change in 2016, The Illinois Marriage and Dissolution of Marriage Act, Illinois is now a no-fault divorce only state, meaning that all fault-based grounds have been eliminated, and a claim of irreconcilable differences (an irretrievable breakdown of the marriage) is the only way to legally file. Although a mental illness issue or impairment cannot be the reason to file for divorce, it may affect the outcome of the divorce.

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 Posted on December 04, 2019 in Mediation

When you and your spouse are in the midst of a divorce, it can be hard for the two of you to come together and make an agreement. Rather than having a judge divide aspects of your life, such as your property, businesses, and parental responsibilities, you and your spouse can explore different options. Divorce mediation is an alternative dispute resolution (ADR) technique that allows a third-party to help you and your spouse create a settlement plan. If you are interested in a more neutral approach to handling your dissolution of marriage, you should contact an experienced attorney.

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 Posted on November 18, 2019 in Divorce

It is well-known that divorce is extremely common in today’s society. The phrase “50% of marriages end in divorce” can make many people hesitant to say “I do”. For a period of time, divorce rates were on the rise. However, CDC data comparing divorce rates from 2000 to 2017 reveal that the divorce and annulment rate has reduced from 4.0 per 1,000 people in 2000 to 2.9 per 1,000 people by 2017. One of the best ways to keep this trend on the decline is to be aware of the common causes of divorce and avoid these triggers.

Financial Difficulties

Feeling financially unstable can add stress to a relationship and cause unrest, making it difficult to “enjoy the little things”. Couples that struggle with finances can struggle to think of anything other than the impending bills. This is often more common with younger couples struggling to get by on small paychecks. Ensuring financial stability is impossible for any couple, but remaining conscious of what is coming in and how much is going out can be beneficial for your stress-level and your relationship.

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 Posted on October 27, 2019 in Divorce

Domestic violence cases occur when a member of your household has been physically struck, threatened, or harassed by an opposing house member. Thoughts of domestic violence cases usually depict a husband abusing his wife; however, victims or abusers can be any household member. Thankfully, a lot of marriages that are linked to domestic violence issues often end in divorce. Before a dissolution of marriage is filed, there are certain precautions and considerations that should be taken to help avoid the situation from escalating. Working with a skilled divorce attorney could expand your knowledge of how the legal system can help when divorcing an abusive spouse.

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 Posted on September 19, 2019 in Child Custody

For parents going through a divorce, one of the steps in the process is formulating parenting schedule. Formerly known as “visitation”, parenting time arrangements legally lay out your schedule for parenting and spending time with your child. Oftentimes the custodial parent will remain living in the marital home with the children while the non-custodial parent will move into a new apartment or house and care for the children from that location. This allows each parent to have their own space while still caring for their child. However, there is another option that many families have never heard of known as nesting.

What Is Nesting?

Nesting is an alternative arrangement that some divorcing families use to help their children with the transitional period of the divorce. For those with a nesting arrangement, the children will remain in the marital home regardless of who is caring for them. Rather than moving from one parent’s home to another, the parents come to them. This can help children, especially those of a young age, become accustomed to their parents splitting up. It can be difficult for young children to live between two homes and some parents decide to take additional steps to keep their life as “normal” as possible.

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 Posted on August 21, 2019 in Child Custody

Divorce proceedings can get ugly very quickly, especially when children are involved. Rarely do child custody cases go as planned and both parents usually do not get the custody arrangement that they were hoping for. Regardless of the parents’ marital relationship, many couples get used to co-parenting and can find it difficult to have to “take time off” from parenting their kids. Things can become even more complicated if the parenting relationship is contentious.

What Situations Warrant Visitation?

In order for the court to require supervised visits between a parent and their child, a serious situation must have happened between the parent and child or the two parents. The bad blood between divorcing spouses may prompt one or both parents to try and seek full custody or supervised visitation requirements for the child’s other parent. In order for the court to take this request seriously, one of the following situations must be proven:

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 Posted on July 22, 2019 in Children and Divorce

All areas of divorce are difficult: The decision-making, the legal process, and adjusting to a new lifestyle. For couples without children, divorce is a life change that happens on an individual level. However, once children are involved, the ending of a marriage involves your own healing as well as your children’s emotions about the decision. Telling your children about the split is half the battle.

What Do I Say (and Not Say)?

The way you present the news is almost as important as what you say. The following tips provide help on what you should say to your children when having the difficult conversation and how you should say it.

1. Act as a United Front: While it is no secret that you are no longer on the same page with your relationship, your parenting should remain collaborative. Planning the conversation ahead of time is a good way to try and keep things on track. This can be a good way to try and keep your emotions in check before speaking with your children. A child’s worst fear is losing a parent in divorce and having their life alter completely. You want to present the information together to show your child that although your marriage may be coming to an end, your family will remain intact, even if it is changing.

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