Posted on December 12,2023 in Allocation of Parental Responsibilities

Following a divorce, the holidays may not feel as merry as they once did. While everyone around you seems so cheery, internally you may be struggling with the change and how best to cope.

Recovering from a loss during the holidays can seem impossible. It may even feel like you are going backward rather than moving forward and, if you let it, could seriously throw your life off track. Thankfully, there are some things you can do to help you stay focused and get through the holidays relatively unscathed.

You can always turn to your lawyer for additional tips following a divorce. They have likely helped countless clients with the same struggles, and their advice could be invaluable to your situation.

Embrace Your Reality

Do not waste time pretending that the holidays are not more difficult this year. Valuing your feelings and understanding that you can get through it is okay. Even while others may enjoy themselves, you do not have to participate if it worsens things. You can choose to completely ignore the holidays if possible. Or you can decide to go all out for the holidays, ringing in the new year with a new you. Just do not allow the thoughts of what once were and will no longer haunt your holidays this season. Instead, allow the ghosts of past, present, and future to be someone else’s problems.

Continue Reading ››

 Posted on December 06,2023 in Allocation of Parental Responsibilities

Child custody cases in Illinois following a divorce are known as the allocation of parental responsibilities. The change in Illinois law removed terms such as joint custody, sole custody, and visitation from the statutes. Instead of child custody, the courts allocate parental responsibilities, including significant decision-making rights and parenting time. A lawyer can help you with any questions regarding the allocation of parental responsibilities and other concerns that will arise during divorce proceedings.

Why The Allocation of Parental Responsibilities?

The state wanted to create more flexibility in family situations and recognize the role both parents play in the development and care of their children. Instead of a laundry list of terms, Illinois enacted two types of parental responsibilities for allocation:

Continue Reading ››

 Posted on November 29,2023 in Divorce

After a divorce, you may qualify for your spouse's Social Security benefits. However, you can only choose between your own and your ex-spouse's; you cannot receive benefits from both. You can receive 100 percent of your benefit or 50 percent of your spouse's. You will also need to check a few boxes before the state will allow you to qualify. You should contact an experienced divorce attorney for additional information and some guidance.

The Requirements for Collecting An Ex-Spouse's Social Security Benefit

When one spouse earns substantially more throughout a marriage, it means they are likely looking to receive a larger Social Security benefit. However, the other spouse may not have access to the same benefits for themselves after a divorce. Social Security benefits cannot be divided by a divorce judge, garnished by creditors, or used to satisfy debts. For the lower-earning spouse to be able to receive 50 percent Social Security from their ex-spouse:

Continue Reading ››

 Posted on November 27,2023 in Collaborative Law

Not all divorces are not the high-conflict, high-stakes battles inside of a courtroom that television and film would have you believe. When dissolving a marriage, couples have options to avoid the emotionally draining and financially impactful traditional litigation scenario. Mediation and collaborative law are two common ways to settle legal affairs without much or any court interference. They are terrific ways for cooperative couples to end their marriage amicably and on better terms. But in what situations would collaborative divorce not be beneficial? For an in-depth overview of collaborative law or answers to questions regarding divorce, consult an experienced attorney.

Collaborative Divorce: What Is It?

Collaborative divorce is a method for couples who mutually agree to a “win-win” attitude to handle their divorce with more civility. Couples looking to negotiate their marriage settlement more cooperatively benefit significantly from collaborative divorce. It is also one of the best ways for couples with children to communicate their wishes better and work towards co-parenting in a more cooperative light.

Continue Reading ››

 Posted on November 21,2023 in Divorce

An uncontested divorce can be a blessing when compared to the alternative. When divorce is the only option, it is best to break things and divide assets amicably rather than going through a nasty contest of “win” vs. “lose.” A good lawyer can help you get through any type of divorce and explain the best course of action every step of the way.

What is an Uncontested Divorce?

Uncontested divorces are those where a couple has most, if not all, points of typical contention already planned. Things like spousal support, child support, agreements on parental responsibilities, and how to divide marital assets all come into play in a divorce. Having every one of these factors squared away, where the only thing left to do is have the divorce finalized, makes the entire process that much easier.

Continue Reading ››

 Posted on November 15,2023 in Divorce

Divorce is almost always exhausting, and adding additional disagreements and arguments on top of things will often only worsen matters. However, sometimes, these things are unavoidable, and some factors are major points of contention that need to be addressed. A skilled attorney can help you navigate the complex nature of a contested divorce and guide you toward a more amicable outcome.

Marital Asset Division

Both parties in a contested divorce may choose to lay claim to specific property or assets they feel they deserve in the split. It is often a reason for divorcing couples to have a judge split the assets on their behalf in what they deem is a fair and equitable distribution.

A marital asset is a property that was acquired during the marriage. It should be distinct from each spouse’s personal property before the marriage begins. Other forms of personal property include gifts and inheritance that the other spouse cannot claim unless the property was commingled during the marriage.

Continue Reading ››

 Posted on November 13,2023 in Divorce

There are multiple avenues couples can take to reach to dissolve their marriage. Mediation, collaboration, and litigation are all different ways to reach the same end: divorce. The right one for you will depend entirely on your situation. A divorce and family law attorney can help you reach a decision where you feel most comfortable throughout the process.

Mediation

Mediation involves a third party, a “mediator,” who helps the couple negotiate multiple aspects of their impending divorce. The mediator does not have official ruling powers like a judge, but mediation still serves as a great alternative to the court process, which is often expensive and overly complex. However, a judge could order the couple to attend mediation if they feel it would be in their best interests.

Continue Reading ››

 Posted on November 06,2023 in Child Custody

Domestic violence is no laughing matter and is especially egregious when it involves children. Illinois courts pay special attention to domestic violence claims in determining the allocation of parental responsibilities. Domestic violence has a habit of escalating inside the home and, as such, is not particularly healthy for a child’s development and overall well-being. A good attorney can make all the difference in the fight for the safety and prosperity of you and your children during divorce proceedings.

The Allocation of Parental Responsibilities

Both decision-making and parenting time must be decided in court to allocate parental responsibilities. Decision-making refers to the overall responsibility of significant decisions for your child. Parenting time refers to your child’s legal residence and how much time the child will get to spend with either parent.

Continue Reading ››

 Posted on October 25,2023 in Divorce

Taking appropriate steps to ensure you are ready for divorce proceedings is a smart approach. There are also several mistakes you should avoid in hopes of keeping the process simpler than it would be otherwise. A skilled divorce attorney can provide much-needed guidance on handling divorce proceedings while avoiding a few common pitfalls.

Hiding Assets

Make sure that you are entirely forthcoming with your assets and their evaluation. Hiding property, accounts, or other assets during a divorce can come to haunt you. Everything will likely be discovered during proceedings, so you can save yourself some hardship by being transparent upfront. The same can be said for the opposing spouse. If you feel they may be hiding assets or are not being entirely truthful with their information, you can hire an investigator to dig up the dirt on your behalf.

Continue Reading ››

 Posted on October 20,2023 in Chicago divorce attorney

Even in uncontested divorce scenarios, it is common for a couple to still go to court for various reasons. However, this does not make these court visits an official trial. An official trial becomes mandatory when issues regarding the allocation of parenting responsibilities, child support, spousal maintenance, and property division cannot be settled in an agreement. A lawyer experienced in divorce proceedings, and trials can help you navigate the legal complexities of a divorce and represent you in a trial if necessary.

Continue Reading ››