Considerations Before Divorcing an Abusive Spouse in Illinois

 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.

Request an Order of Protection

For victims of domestic abuse, a judge can provide a temporary court order that would restrict the abuser from having access to the victim. In general, an order of protection would be able to:

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Nesting: An Alternative Option for Divorcing Parents

 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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When Is Supervised Visitation Necessary and How Does It Work?

 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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What Is the Best Way to Tell Children About Divorce?

 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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The Legality of Parenting as a Same-Sex Couple

 Posted on June 17, 2019 in Family Law

In the past, parenting was often solely an option for heterosexual couples. Whether through biological means or adoption, the nuclear family became the norm in American culture. Times have changed and this is now no longer the case. Many same-sex couples now have large families, both biologically and through adoption. Despite the open-mindedness that has now spread throughout the U.S., same-sex couples still experience legal differences in terms of parenting.

What Is Second Parent Adoption?

 In the eyes of the court, there is a difference between the biological parent and non-biological parent regardless of the amount of parenting each person actually does. This means that the non-biological parent does not have any legal rights of the child. If the child was sick in the hospital, only the biological parent is considered family. In the case of separation or divorce, the non-biological parent would have no right to see their child if the biological parent made that decision. While this may not be an issue when both parents are on good terms, this could become a problem if the marriage goes south. Many do not realize the power that emotions can have over a person until they experience heartbreak or a downhill marriage.

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Will You Need a QDRO in Your Divorce Settlement?

 Posted on May 28, 2019 in Division of Assets

Some people may not realize that money they put into a retirement account, like a 401(k) or IRA, during their marriage is not theirs alone. When the marriage ends in divorce, those retirement funds will likely need to be split just like every other asset and debt the couple has acquired while they were married. In order to avoid paying large fees on a retirement plan withdrawal, the couple will likely need a QDRO (qualified domestic relations order). An attorney can help walk the parties through the process, as it can get a little bit complicated.

What Is a QDRO?

A QDRO is an official decree, which must be approved by a judge, that orders one party to transfer funds from his or her retirement plan to the other divorcing party. Information that must be included in the QDRO includes the plan participant's name and either a specific amount or percentage of the benefits that are to be paid to the other party.

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Navigating Through a Gray Divorce

 Posted on April 15, 2019 in Divorce

If you are close to retirement and facing a divorce (sometimes called a “gray” divorce), the issues you will need to address are at least somewhat different than those faced by younger couples. For example, you probably do not need to worry about child custody, as your children, if there were any, may already be grown and out of the house. You do likely have a lot more assets in the form of bank accounts, retirement funds, shared real estate, and more that will have to be split between the two of you.

Where to Begin

Even if both parties are willing to share and compromise, there is more to splitting certain funds than one may realize. Rather than being able to just share an IRA or 401(k) like you might do with a bank account, there are rules that must be followed to avoid various fees and taxes. Often, individuals who have passed their middle-aged years have a variety of retirement accounts, and they can be tricky.

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How to Deal with the Mental and Emotional Effects of Divorce

 Posted on March 17, 2019 in Divorce

For many people, the time they went through their divorce may have been the worst time of their lives. No matter whether you wanted out of the marriage or not, from the moment of your separation until well after the divorce is final can be a period of uncertainty and loneliness. Legal missteps during this time can affect the rest of your life, so it is important that you try to remain as mentally and emotionally well during this time.

Coping Tips

1. Acknowledge your feelings, allow yourself to have them, and deal with them in healthy ways. Rather than trying to push down the wide range of emotions you are facing, try working on self-improvement and stress relievers, like working out at the gym, going for a walk, or talking things through with a close friend.
2. Take care of yourself. Do not allow yourself to wallow in sorrow or anger. Eat healthily, get plenty of rest, even if you are having trouble sleeping, and do not turn to alcohol or drugs as coping mechanisms. These can lead to poor decisions and lifelong issues., so tread carefully.

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Assets to Remember When Dividing Property in Divorce

 Posted on February 22, 2019 in Division of Assets

Divorce can bring on a rush of emotions and leave a person going through the process not thinking clearly. There is so much to think about that many assets may be overlooked. Both spouses are legally required to be upfront about their assets. Although there are often cases in which a spouse purposely hides assets, some items are quite simply forgotten when it comes time to divide up everything in a divorce.

Where to Begin with Property Division

Most people probably have no problem coming up with a list of assets and debts that will have to be split in their divorce. On the asset side, think bank accounts, the family home, cars, and investments. On the debt side, think mortgages, loans, and credit cards. These can be split evenly, or couples may have different ideas for who will get what. An experienced divorce attorney can help you iron out a fair deal in your divorce and can assist in making sure you do not forget about any other valuable items that you may be entitled to.

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How Staying in an Unhappy Marriage Can Affect Your Children

 Posted on January 31, 2019 in Divorce

Many times, the first thing on a parent's mind when they get a divorce is how it can affect their children. Many people have said that staying together for the children is better than getting a divorce. There have been numerous studies on how divorce affects children and their well being, but their have also been many studies on how unhappy marriages affect children. Most of these studies have concluded that while a divorce is difficult for many children, staying in an unhappy marriage can be even more detrimental for children's well being. Many times, the decision to divorce or not to divorce is made based on the children's best interests. Here are just a couple of ways that an unhappy marriage can affect your children.

Constant Stress and Tension

If you are in a marriage where you and your spouse fight a lot, your child is experiencing some of that stress and the tension that the fights create. It is natural for children to internalize their parents, but when they internalize all of their parents' fighting and conflict, that can lead to emotional, physical and social ailments, like depression or chronic fatigue. Even if you try to hide the fighting, children are very receptive and can sense you and your spouse's unhappiness.

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