Posted on October 17,2016 in Divorce

Approaching the end of a marriage is a hurdle on its own, which is why searching for the right mediator to handle your divorce case is so important. The right professional has the power to turn a bumpy divorce transition into a smooth one, with the skill to negotiate your needs and wants in a way that reduces the tension and diffuses any existing or building conflict between you and your spouse.

As you begin the hunt for a professional mediator, keep the following three traits in mind:

1. Patience - Patience and tenacity go hand-in-hand. You need someone who is tenacious in his or her pursuit for effective conflict resolution, and patient enough to ride out the waves of disagreements that inevitably come when working toward that resolution. Negotiating numbers and family agreements can mean some serious footwork on a mediator’s part, so it important to choose a professional you feel comfortable with and who you believe will weather the storm when adjustments are needed.

Continue Reading ››

 Posted on September 29,2016 in Child Support

As parents entering the divorce process face the new challenge of being a single parent, they are both presented with a slew of new tasks and arrangements that must be handled as quickly and efficiently as possible to ensure the entire family is cared for once the marriage is officially over. While a some divorces end peacefully and mutually, bumps along the way are to be expected. Addressing issues such as child support and parenting time (visitation) early on can help prevent a lot of unnecessary stress for you, the other parent, and any children affected by the separation.

What Every Parent Needs to Know About Child Support Calculations

The court considers two primary factors when determining the amount of child support you will receive: the non-residential parent’s net income and the child's best interests. Due to the fact that there are a variety of circumstances that determine the best interests of the child, the court must weigh each factor before determining an amount they feel is just.

Continue Reading ››

 Posted on August 26,2016 in Divorce

Although all divorces are bound by the same laws under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), those with a high net worth divorce often experience an added layer of complexity. This can be especially true in regards to tax implications, which can financially wipe out both parties if they are not careful. Learn what you need to know about tax implications in your high asset divorce and how you can protect yourself in the months to come.

Financial Support: Alimony vs. Child Support

Oftentimes, high asset divorces result in an alimony (or spousal maintenance) payment for lesser-earning or earning-impaired spouses. Those with children may also receive child support payments. Both are forms of financial support, but each works differently under tax laws. Whereas child support is not taxed or taxable, alimony payments are the opposite. It is important that you understand these differences and how they may impact your finances.

Continue Reading ››

 Posted on July 22,2016 in Divorce

For many couples, dividing assets after a divorce is one of the most troublesome aspects of a separation. Matters such as retirement accounts, property division, and hidden assets can all arise as spouses begin to address and uncover the financial hurdles before them. It is only natural to be concerned about the money you have saved, the debts you have accumulated, the property you have acquired, and how your impending divorce will affect those areas.

The Distribution of Property and Debts Under Illinois Law

There are numerous laws that govern the division of assets when it comes to divorce. In general, Illinois law considers all property, including debts and other obligations, to be “marital property.” There are certain exceptions under this law, but nearly everything that was acquired by either spouse during the marriage is typically considered joint property.

Continue Reading ››

 Posted on June 22,2016 in Divorce

Divorce, like the loss of a loved one, can be very difficult to cope with, especially for any children involved. Specialists say that it is important for parents to understand that all children handle divorce differently. Some may be more accepting of the separation while others may have trouble coping with their parents splitting.

Age and maturity level can both impact how a child copes with divorce. Younger children, on one hand, may not fully understand what divorce means, or have a full awareness of the situation, and may not experience as wide a range of emotions. Teenagers, on the other hand, may be fully aware of the situation and may struggle, especially with the Anger or Depression stages of loss. Additionally, parents should keep in mind that siblings may handle divorce differently. Each child’s perspectives, personality, and experiences will impact how they handle their parents' divorce.

Continue Reading ››

 Posted on June 13,2016 in Child Support

By Amanda Oliver

Right of first refusal clauses are often times found within Allocation Judgments (formerly Custody Judgments) and are useful when properly drafted and applied for their intended purposes.   However,  too often litigants view the right of first refusal as a tool to control or even keep tabs on the other parent.

Right of first refusal options are simply intended to prevent a parent party from leaving the child (ren) either unaccompanied or with someone other than the other parent for certain lengths of time during their regularly scheduled parenting time.  The situation could arise when that parent is either unable or unwilling to personally care for the children during his or her time.  It allows the parent whose time it would not regularly be to elect to care for the children when such a circumstance should arise.

Continue Reading ››

 Posted on May 20,2016 in Parentage

Divorcing parents have much to arrange when it comes times to handling the dissolution of marriage. Everything from parenting time (visitation) and the allocation of parental responsibilities (child custody) need to be addressed. All of these aspects of divorce are important for the well-being of your child and are crucial in protecting the best interests of your entire family. For unwed parents or parents facing special circumstances during a time of separation, the issue of paternity arises, presenting them with some important decisions to make.

Establishing Paternity

Paternity is typically established in one of two ways: Through the judicial court process or the Child Support Services administrative process. An interview is conducted and both the mother and the alleged father are contacted via telephone, by mail, or in person to discuss the circumstances that surround the relationship and its ties to the child they share. The alleged father may either voluntarily acknowledge paternity or be asked to submit to genetic testing to determine paternity of the child. Should the alleged father not attend the interview, Child Support Services will, by default, declare him to be the legal father.

Continue Reading ››

 Posted on April 21,2016 in Mediation

If you are readying yourself to file for divorce, you have likely heard the term mediation at least once during the time you have begun acquainting yourself with the divorce process. Mediation serves a number of purposes when you file for divorce, but its primary role is to provide an alternative platform for dispute resolution between you and your ex-spouse.

Mediation is relatively quick, always confidential, and is voluntary. A judge may order you to attend mediation, but all potential resolutions discussed must be agreed upon mutually, by both parties. Mediation’s biggest appeal is that it is proven to work.

The Illinois Department of Human Rights (IDHR) Mediation Unit reports that they have over an 80 percent resolution rate for all conferences held. If you are considering mediation as you enter a divorce, you are not alone, and you have a very good chance at achieving some common ground with your spouse should you decide to try it out.

Continue Reading ››

 Posted on April 12,2016 in Legal Questions

By Maxine Weiss Kunz

There is a lot of information online. Now, there are even legal forms on the Internet. Some of these forms are free, and some of these forms are pay per click types. Regardless of cost, is it safe or wise for legal consumers to use these forms?

Most DIY (do it yourself) forms are highly generic. They often hold the least amount of required legalese to pass as a qualified form. Depending on the need you are trying to fit, that may be okay for you. However, any lawyer will tell you that the final document should still be reviewed by a professional in the field specific to your legal matter.

The Pros

Forms can be a good jumping off place for gathering information, even if you ultimately use an attorney. Filling out a legal form in advance of meeting with an attorney could save you time and therefore money. It could help you understand other documents you need to locate and review to complete your matter. Some forms are so generic they are useless in practice as more detailed below.

Continue Reading ››

 Posted on January 12,2016 in Divorce

By Maxine Weiss Kunz

Is an uncontested divorce something you and your husband or wife can agree upon? Do you and your wife or husband agree that your marriage is broken? Do you and your spouse agree on how to divide your estate? Do you and your partner agree on how to divide all assets and debts? Do you and the parent of your child agree on how to raise your child(ren)? If yes, then uncontested divorce will save you a lot of stress, and a lot of time and money.

An uncontested divorce or an uncontested legal separation is an option when you and your partner/spouse/other parent agree on all terms that would otherwise be decided upon if you had to take these issues to a judge. Some examples of areas to agree upon in order to be considered uncontested are as follows:

• Time each parent will spend with a child or children;

Continue Reading ››