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Recent Blog Posts

3 Things Kids Need Their Divorcing Parents to Know

 Posted on January 24, 2020 in Family Law

Wheaton family law attorneysAlthough divorce can be difficult for all involved parties, children tend to suffer the most. Much of this is due to their position in the situation. They do not have any control or choice; they must simply deal with the fact that their family has fractured and try to adjust. Learn how you can help them through the process by reviewing these three things that your child wants you to know.

They Need to Express Their Emotions in a Healthy Way

Parents are often afraid to talk too much about their divorce. Some even go so far as to avoid the subject entirely, perhaps out of fear that their child may not be able to handle the difficult situation. Unfortunately, ignoring the problem does not help the child. If anything, it could cause them to bury their feelings.

A lot of children also blame themselves for the divorce. As a result, the child may be at risk for depression, anxiety, behavioral problems, and other maladjustment issues. Thankfully, by giving your child a safe space to express and talk about their emotions, you can reduce their risk of such problems.

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Separation or Divorce - Which Legal Option is Right for Your Situation?

 Posted on January 16, 2020 in Family Law

Wheaton family law lawyersWhen couples struggle with issues in their marriage, divorce may seem like the most appropriate choice. However, there is another viable, less permanent option available. Legal separation allows parties to collect child support or alimony while living apart. Other legal actions, such as the filing of a parenting plan, can also be implemented into a legal separation.

Examining the Potential Benefits of Legal Separation

Not every couple is ready to call it quits when they have problems, yet many cannot continue living together under the current circumstances. Legal separation allows them to remain married while living apart. If they work things out, they can come back together and dissolve the separation. In contrast, if the parties are unable to overcome their problems, they can move forward with a divorce.

Legal separation also allows the parties certain liberties, such as the ability to file a parenting plan to ensure their time and rights to the child are preserved during the separation. Parties may also seek a division of assets, child support, and/or alimony. One of the big benefits to this is that, if the parties do ultimately divorce, most of the details will be ironed out.

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Protecting the Interests of Special Needs Children in Divorce

 Posted on January 09, 2020 in Visitation

Wheaton divorce lawyersDivorce can be painful and confusing for any child, but most of them do eventually adjust. In contrast, children with special needs sometimes struggle to comprehend the reason why their family is fracturing. Worse yet, all the changes in their lives may cause them to regress or suffer from mental, emotional, or behavioral problems. Thankfully, parents can help ease the transition for their special needs children by carefully protecting their interests.

Start with Communication

When divorcing with a special needs child, communication is critical - and not just with your child. You also need to communicate with your spouse in a healthy, non-combative way. It is also important for you to effectively communicate with your attorney so that they can help you in drafting a parenting plan to suit your child’s specific needs.

Implement Change Slowly (and Change as Little as Possible)

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Answering Your Divorce Petition

 Posted on January 02, 2020 in Divorce

Illinois divorce lawyersBeing served with divorce papers can come as a shock, even when things are bad and you are expecting it. You may also find yourself at a loss on how to handle the situation at hand. Learn how to answer your divorce petition in the following sections, and discover what our seasoned divorce lawyers can do to help you with the next steps of the divorce process.

Your Response Must Be Submitted Within the Allotted Timeframe

Divorce petitions must be answered within the allotted timeframe to avoid default; since a default means that your spouse gets what they are asking for in the divorce, you will want to avoid this at all costs. As soon as you receive your petition, seek seasoned legal help.

You Need to Dispute Any Points That You Do Not Agree With

Few divorcing spouses agree on every point; the same will likely be true for you and your spouse. Matters of dispute must be addressed in your response to the petition. Otherwise, your spouse gets what they are asking for in the divorce. Disputing points that you do not agree with allow you to protect your rights and your interests in the divorce, but since divorce papers are often filled with legal jargon, it is possible for you to miss critical issues. Seek legal help and reduce the risk of this happening in your Illinois divorce.

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5 Financial Tips for Surviving Your Illinois Divorce

 Posted on December 30, 2019 in Property Division

DuPage County divorce attorneysDivorce can be a financially devastating process, especially if you are not adequately prepared. Thankfully, there are ways to protect your financial interests, even in the messiest divorce. Learn more by checking out these five financial tips for surviving your Illinois divorce.

1. Start Saving and Financially Preparing Before You File

One of the biggest mistakes that parties can make in their divorce is failing to financially prepare for it. Most consider the cost of the proceedings, and many recognize that they will have to divide their assets. However, few recognize just how long it can take to financially recover from their divorce. Some may even be obligated to pay child support or spousal support; not preparing for this ahead of time can have serious, long-lasting consequences for the payor.

2. Eliminate as Much Debt as Possible

Assets are not the only thing that gets divided in divorce; parties must also divide their debt. Those with limited incomes or who assume the bulk of the debt may find it difficult to maintain their lifestyle. Furthermore, if your spouse fails to cover a joint debt, you may be held responsible for the balance - perhaps to the tune of wage garnishments. Avoid such issues entirely by eliminating as much debt as possible before you file.

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3 Things Every Senior Citizen Should Know About Divorce

 Posted on December 24, 2019 in Property Division

Illinois divorce lawyersFor the past three decades, divorce rates have been on the decline for nearly every group of Americans. However, senior citizens, or those over the age of 65, are now twice as likely to divorce today than they were 30 years ago. The reasons for this phenomenon are varied, but the potential consequences can be dire. Thankfully, you can still protect yourself in a later-life divorce (dubbed the grey divorce). Learn more in the following sections.

Later Life Divorce Can Increase Your Risk of Financial Issues in Retirement

When couples save for their retirement, they are planning on having one set of bills and living expenses. Divorce requires the parties to divide whatever assets they may have; this includes any retirement accounts and the family home. With less money to go around and two separate sets of expenses, both parties may be at an increased risk for financial issues as they head into their retirement, and with little to no working years left, they may be unable to recover.

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Dividing Real Estate in an Illinois Divorce

 Posted on December 20, 2019 in Property Division

Wheaton divorce lawyersThe marital home is often one of the more valuable assets that couples must divide during a divorce. In addition, there may be other types of real estate involved (rental properties, vacation homes, commercial buildings, etc.). Learn how most types of real estate are handled and divided in divorce by reading the following sections. You will also discover how a seasoned lawyer can help to protect your interests along the way.

Valuation of the Property

Properties must be valued before they can be divided. There are three basic methods that parties may use: tax assessed value, market analysis, and appraisal. Know and understand the potential drawbacks and benefits of using each method and choose the one that best fits your situation. Also, since arguments and disagreements are common, consider hiring your own appraiser if you and your spouse settle on the third and final option. It is also important to remember that any real estate tied to a business may have a more complex valuation process. Discuss the matter with your attorney to learn more.

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Children and Divorce - Keeping Everyone Happy During the Holidays

 Posted on December 16, 2019 in Visitation

DuPage County parenting time attorneysDivorce can be difficult for children at any time of the year, but the holidays tend to be especially trying. Thankfully, parents can usually mitigate much of the stress, simply by being loving, responsible parents. Need some tangible solutions for your family? Try these tips for keeping everyone (yes, even your ex) happy during the holiday season.

Make Sacrifices but Avoid Being a Martyr

Children should never have to make sacrifices for their parents. Instead, it should be the parents making sacrifices for the sake of their kids. Whether it is giving up time with them to allow time with your ex’s family or simply avoiding altercations and arguments when your spouse is being combative, putting in extra effort can go a long way toward ensuring your child feels both happy and loved during this holiday season. Just be sure to avoid the martyr syndrome; your child does not need to know the efforts you have made. Instead, simply let them reap the reward.

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4 Practical Tips to Make Your Illinois Divorce More Bearable

 Posted on December 09, 2019 in Property Division

Illinois divorce attorneysDivorce can be a financially and emotionally trying process, even in the best of circumstances. What is more, if you are unprepared for the process, divorce could have a lasting effect on your health, sanity, and financial stability. Take proactive steps and these practical tips that can make your Illinois divorce more bearable.

1. Find a Way to Compartmentalize Your Divorce

While the emotional aspects of divorce cannot be overlooked or ignored, they can get in the way when dealing with matters related to your children and finances. Anger and resentment can cause you to decline fair offers, and you may even find yourself using your child as a bargaining chip, despite your best efforts. Avoid such issues through compartmentalization. Handle emotions in a healthy way, outside of negotiations. Journal, find a support system, and if necessary, attend therapy or counseling. When it comes time to negotiate, focus on what is best for you, your child, and your future, rather than how you feel.

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5 Questions to Answer Before Filing for an Illinois Divorce

 Posted on December 02, 2019 in Divorce

Illinois divorce lawyersCouples spend months or years dating before they decide to marry. Yet, when it comes to divorce, parties sometimes make rash decisions, opting to end their marriage before fully thinking it through. It is only when they are buried by the grief and cost that regret starts to surface. By then, it may be too late to undo the damage. Do not let this happen to you. Stop and answer these five questions before you file the paperwork for your Illinois divorce.

1. How Would Life Improve if You Divorced?

Divorce is not the answer to every solution. Sometimes, couples simply need to reconnect, forgive, or make wants and needs clear to one another. Money issues, which can escalate stress levels and cause couples to argue more often, may simply need to be weathered until they pass.

In contrast, there are things that cannot be fixed with time, empathy, or patience. Abuse, infidelity, contempt, and irreconcilable differences (i.e. varying views on religion or parenting techniques) are just a few examples. Determine where you fall on the spectrum by considering if life would improve if you divorced, and clarify in what ways it would improve. Making your decision in this way reduces the risk of regret as you move forward with the process.

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