Posted on October 13, 2020 in Mediation

For many divorcing couples, mediation can be a great option to keep conflict to a minimum and avoid an expensive, public trial. However, what works for one couple does not always work for another, and in fact, there are some circumstances in which attempting mediation can be counterproductive or even dangerous. As you work toward a divorce, you should be aware of the signs that mediation may be wrong for you.

What Is Divorce Mediation?

Divorce mediation is a cooperative approach to divorce resolution in which both spouses meet with a neutral third-party mediator who is professionally trained to guide negotiations. A mediator will not recommend or enforce solutions, but he or she will attempt to ensure that each spouse has the opportunity to voice his or her perspective and help the two parties recognize opportunities for compromise. When spouses have the right mindset, mediation can help them resolve their divorce more efficiently and amicably.

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 Posted on October 05, 2020 in Divorce

A divorce can impact children at least as much as, if not more than, their parents. The emotional distress of the breakdown of the family is often difficult for children to cope with, and many of the decisions made in the divorce will have a direct effect on the children’s lives. With so much at stake, it is reasonable to wonder whether children have a say in what happens during the divorce process, or whether they are at the mercy of their parents and the court.

Including the Child’s Perspective in the Divorce Process

Fortunately, there are ways to ensure the child’s needs and preferences are considered in any decisions that affect them. Particularly regarding parenting time and the allocation of parental responsibilities, an Illinois court will:

• Focus on the child’s best interests. To determine whether a decision is in the child’s best interests, the court will consider many factors including the child’s needs, physical and mental health, relationships with both parents and any siblings, connection to their home, school, and community, and any history of violence or abuse in the family. While the child’s parents may already have their best interests in mind, the court will not make a decision solely based on the parents’ preferences.

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 Posted on September 29, 2020 in Divorce

Financial issues can be not only a major point of contention during the divorce process, they can also be a reason for the marriage failing in the first place. In fact, the American Psychological Association reports that 31 percent of people in a marriage or romantic relationship claim that finances are a significant source of conflict. However, it is possible for a married couple to healthily address finances and work through challenges that arise, which may save your marriage and help you avoid resorting to divorce.

Tips for Addressing Finances With Your Spouse

The following suggestions can help you and your spouse prevent destructive conflict over finances both before and during your marriage:

• Be honest with each other. Before getting married, you and your partner should have an open conversation about your financial situation, including your existing assets and debts, so that there are no surprises later on. During your marriage, avoid hiding purchases from your spouse that can damage trust and your family’s financial situation.

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 Posted on September 25, 2020 in Child Custody

During the divorce process, one of the most important items for both parents to agree to is a parenting plan that addresses parenting time and parental responsibilities. This agreement may come about through negotiation, mediation, or other collaborative methods between you and your spouse, or it may come in the form of a court ruling issued by a judge, but in either case the terms are legally binding. In the months and years following your divorce, if you find that your ex is failing or refusing to honor the agreement, you may need to pursue the legal enforcement of your divorce order.

Common Parenting Plan Violations in Illinois

Parenting plan breaches may arise out of carelessness, hostility, a change in the relationship between you and your ex, or resentment surrounding the initial terms of the agreement. Some of the most common violations include:

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 Posted on September 22, 2020 in Spousal Maintenance

When you get a divorce in Illinois, you can expect the court to ensure a fair distribution of marital property. However, you may have additional concerns about your ability to support yourself financially after your divorce, in which case you should explore the possible option of spousal maintenance, also known as spousal support or alimony. Spousal maintenance is not a required part of every Illinois divorce resolution, but it may be awarded in cases of need.

Am I Entitled to Spousal Support in Illinois?

If you and your spouse are willing to cooperate throughout the divorce process, you may be able to negotiate for the spousal support that you need as one piece of a larger divorce agreement. For example, your spouse may be more open to paying spousal support if he or she is able to retain important property as part of the division of assets. If negotiation is not possible, you can also pursue spousal maintenance by demonstrating your need to the court.

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 Posted on September 15, 2020 in Property Division

Getting a divorce can create financial strain for both spouses because of the required division of assets and the potential for child and spousal support obligations. This may be especially difficult if you have significant debt at the time of your divorce. If you are not careful, debt problems can become increasingly complicated after your divorce, so it is important to consider options that can alleviate your debt burden during the divorce process.

When is Debt Considered Marital Property in Illinois?

You may be aware that marital property will be divided in your divorce, but it can come as a surprise that debts accumulated during your marriage are considered part of that property. This may be true whether the debt was incurred by one spouse or both together. Marital debt can come from many sources, including mortgages, car loans, student loans, business loans, and credit card debt. Any remaining marital debt at the time of your divorce must be distributed fairly between you and your spouse.

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 Posted on September 09, 2020 in Domestic Violence

Domestic violence is, unfortunately, a widespread problem in the United States. Each year, more than 12 million people are victims of physical or sexual violence from an intimate partner, and this abuse often extends to children in the household as well. If you or a family member is suffering from domestic abuse in Illinois, an order of protection can help keep you safe from the perpetrator. An experienced attorney can help you understand how an order of protection works and which type of order is best for your situation.

What is an Order of Protection?

In Illinois, an order or protection can prevent an alleged abuser from continued abuse, physical contact, proximity, and communication with the person who has been abused, as well as that person’s children, dependents, or legal guardians. Orders of protection are enforced by local law enforcement officers, and they can be filed independently or together with a petition related to divorce, parental responsibilities, guardianship, or adoption.

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 Posted on September 03, 2020 in Child Custody

Co-parenting after a divorce can be challenging, both because of the need for coordination between two households and the possibility of lingering disagreement or resentment between you and your ex. However, successful co-parenting is often crucial for your children’s happiness and well-being, and if you can work on effective communication with your ex, you can avoid some of the stresses of co-parenting and establish a system that works for the good of everyone involved.

Illinois Co-Parenting Communication Tips

Whether you and your ex get along fairly well, or you tend to butt heads on a regular basis, communication is key to successful co-parenting. Here are some strategies to improve your communication:

• Stay calm and professional. Make sure you are in the right mindset to approach communication with your ex so that you can remain calm and manage your emotions. It may help to think of your communication with your ex as similar to communication with a work colleague, since you essentially share the job of effectively raising your children.

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 Posted on August 31, 2020 in Mediation

For many couples who are preparing to divorce, one of the biggest concerns is the stress and conflict that can arise throughout the divorce process. It is true that almost no divorce is easy, but you may be able to avoid much of the hardship by pursuing the option of divorce mediation, which allows you and your spouse to work together to make important decisions on a number of issues.

How Does Divorce Mediation Work?

For a mediated divorce process to work, you and your spouse must be willing to cooperate and communicate with each other, whether that is face-to-face or through some other means. The two of you maintain control over all of your final decisions, and each of you will have the opportunity to express your perspectives throughout the deliberation process. A trained mediator, who is often an attorney, will be present as a third party to guide the process and ensure it proceeds smoothly without taking a side or attempting to influence the outcome. When mediation is successful, a couple may be able to avoid a trial entirely, which can save time and money and allow them to maintain greater privacy.

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 Posted on August 25, 2020 in Divorce

In an ideal situation, a couple would choose to get a divorce when both spouses are financially stable and able to maintain their accustomed lifestyle independently. However, this is not always possible, and it may be especially difficult at a time when so many people are struggling to find or maintain steady employment. Whether you are voluntarily unemployed in order to be a stay-at-home parent or you have recently lost your job due to COVID-19, there are a few things to consider regarding how your unemployment can affect the divorce process.

Voluntary vs. Involuntary Unemployment

If you have been fired, laid off, or furloughed due to COVID-19 or for most other reasons, and you are actively seeking employment, your unemployment will likely be considered involuntary. This means that your financial obligations related to the divorce will usually take your actual current income into consideration. However, if you are voluntarily unemployed, the court may instead consider your earning capacity when determining your ability to make financial contributions. Note that there may be an exception if you are voluntarily unemployed so that you can contribute to the marriage in some other way, such as being a stay-at-home parent to care for your children while your spouse works.

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