Free Initial Consultations
Recent Blog Posts
Types of Adoption Options Available to Prospective Parents in Illinois
There are many ways to start or grow a family. Adoption, though often a complex process, can also be extremely rewarding. Learn more about which adoption options may be available to you, and discover how an experienced family law attorney can assist you and your family through the process with less stress and more time for your growing family.
Foster Child Adoption
There are more than 100,000 children awaiting adoption in the U.S. foster care system. Those who are not adopted will simply terminate out of the system, with no family to call their own. If you are not against adopting an older child, perhaps one with a troubled background that needs a loving, patient, and compassionate family, foster adoption may be the appropriate path for you.
Note that this is often the least expensive adoption option, but it can take time to find the right placement. As such, prospective parents sometimes choose to certify as a foster home and then have the child live with them for a term before deciding if they are the right fit for one another.
What is Parental Alienation and How Might It Affect Your Divorce?
The divorce journey is naturally difficult for the entire family, especially when children are involved. Although research shows younger children tend to adapt and bounce back from divorce with greater ease than older, adolescent teens, studies on the effects of divorce on children consistently demonstrate the often negative emotional impact divorce can have on kids. Despite these discouraging facts, however, parents do have some control in terms of how they choose to handle their divorce and ultimately, how they allow the end of their marriage to affect their children.
Parental Alienation and How it Breeds Conflict
Apart from financial disputes, one of the biggest sources of tension between parents during divorce is often rooted in disagreements surrounding the allocation of parental responsibilities and parenting time. Due to the circumstances that led to the divorce and the nature of the couple’s relationship with one another at the time of the split, it is not uncommon for parents who are hurt and on the defense to project their thoughts and emotions onto their children.
When Are Debts Discharged in a Bankruptcy Case?
Filing for bankruptcy can relieve financial stress and give debtors a fresh, new start – but what many debtors do not realize is that the obligation to one’s creditor remains in effect until the debts are legally discharged. What is a bankruptcy discharge, when does it occur, and is there anything that debtors can do to expedite the process? The following information explains, and it describes where you can find assistance for your Illinois bankruptcy case.
What is a Bankruptcy Discharge?
A discharge in bankruptcy is a legal and permanent order that releases the debtor from any further obligation to the creditor. It also prohibits the creditor from contacting the debtor (i.e., email, phone, mail, or in-person) and they can no longer use legal actions to collect the debt (i.e., wage garnishment, intercepting tax refunds, etc.). It is important to note that discharge does not stop a creditor from repossessing or recover property with a valid lien (i.e., homes, vehicles, etc.). Some debtors may be permitted to work out an arrangement with their creditors to keep an asset. Others may be permitted to keep certain exempt assets. An experienced attorney can help determine if you may be eligible for either of these options.
Contested Divorce vs. Uncontested Divorce - What is the Difference, and Why Does It Matter?
For many couples going through the divorce process, the number of factors that must be discussed as the dissolution of the marriage is handled can be overwhelming. While some partners are able to separate with little to no legal roadblocks, a majority of people experience some challenges throughout the journey. This is certainly understandable, considering the many issues that can arise when a marriage ends. Couples are faced with having to pick apart the lifestyle they have been accustomed to, and must then decide how to divide finances, living arrangements, and standing obligations with their soon-to-be ex-partner.
Is Your Divorce Contested or Uncontested?
The primary difference between a contested divorce and an uncontested divorce is how the parties respond to the dissolution of the marriage. In an uncontested divorce, both parties agree in all areas, including the division of marital property, the allocation of parental responsibilities, parenting time, and any other non-parent issues that may apply to the couple’s situation. When a divorce is contested, this means the parties disagree on one or more of these areas. Under these circumstances, the dissolution of marriage must be negotiated or litigated through mediation or in court.
Answering an Illinois Divorce Petition – Have You Lost the Advantage?
When people talk to their friends about the possibility of divorce, they are often encouraged to be the first to file. The reason for this is the purported advantage that petitioners hold during the process – but is this advantage even real, and if so, do you necessarily lose it if you are not the first to file? Learn more about being the first to file for divorce, including when it may be appropriate and how an experienced attorney can guide you through the process.
Is the Advantage Real?
Although there are some circumstances in which one should be the first to file, filing first does not necessarily give one an advantage in the divorce. Both parties are considered equal in the courtroom, and it is factors that dictate decisions made by a judge, not who filed first. For example, filing first may not gain you any extra time with your children in your parenting plan. However, as previously mentioned, there are certain situations in which one really should file first – or, at the very least, the moment they realize that divorce is imminent.
Do You Still Need an Attorney for a Mediated Divorce?
Although litigated divorces may be necessary for some situations, those that are mediated tend to cost divorcing parties less time and money. Mediation can also reduce contention, which is often beneficial for children. What about an attorney, though? Is one still necessary when going through the mediation process, and if so, why? The following sections explain further.
Why Hire a Mediation Lawyer?
Mediations are typically guided by an experienced professional who is at least knowledgeable of the divorce laws in their state. However, this individual must remain unbiased and impartial throughout the entire mediation process, so they cannot give advice. They cannot tell you if your parenting plan is realistic or fair. They cannot tell you if you may be getting shortchanged in your divorce settlement. Quite simply, they can only guide the conversation and encourage compromise that fits within the framework of the law.
Are You Entitled to Alimony in Your Illinois Divorce?
Although alimony is far less common than it once was, it is still a factor in divorces today. Under what circumstances is alimony awarded, and how can you tell if you may be entitled to it in your Illinois divorce case? The following information explains, and it provides you with some details on why and how the assistance of an experienced family law attorney can help.
Alimony in an Illinois Divorce
Despite the common misconception, alimony is not awarded in divorce, simply because one asks for it. Instead, there are certain factors that the courts use to determine if a party may be eligible, including:
- The income and assets that belong to each party;
- Each party’s needs;
- Duration of the marriage;
- Each party’s current and future earning potential;
- The standard of living established during the marriage;
- The amount of time it might take a disadvantaged spouse to obtain gainful employment;
Does Filing for Bankruptcy Damage Your Credit Rating?
Of all the reasons that people delay filing for bankruptcy, concerns over credit are the most common. Considering that the long-term impact of bankruptcy on one’s credit rating is one of the most well-known facts about bankruptcy, such fears make sense. However, there are some little-known facts about bankruptcy – some of which may encourage you to reconsider whether bankruptcy may be an appropriate option for your situation. Learn more about the effect that filing for bankruptcy can have on your credit, and discover how an experienced attorney can assist you through the process.
The Effect of Bankruptcy Wanes Over Time
Although it is true that bankruptcy remains on your credit for up to 10 years (the time can vary, depending on which chapter you file under), its impact is strongest immediately after you file. Then, over time, that impact wanes. That makes obtaining new credit easier, and the more credit you obtain and handle responsibly, the more your score may improve.
Choosing the Right Attorney for Your Illinois Divorce
Although divorcing parties in Illinois are not required to obtain legal assistance, many find that their outcomes are improved with it. Of course, having an attorney during your divorce means you must first choose the one that most closely fits your wants and needs. Learn how to do this, and discover how the specific details of your divorce may impact your decision, with help from the following information.
Consider What Type of a Divorce You Want
Before you hire a divorce lawyer, it is important to know what type of divorce you would like to pursue. More specifically, would your case be better served through mediation, collaborative divorce, or litigation? Each works differently, and the role of your attorney will change, depending on which option seems most appropriate for your situation. Furthermore, the type of attorney you need may change, depending on the preferred divorce course. As an example, parties may want to search for a divorce lawyer with extensive litigation experience if the marriage has a history of domestic violence or asset hiding.
Children of Divorce May Experience Academic Maladjustment, Study Says
Studies have long indicated that children may be at risk for emotional, development, and behavioral maladjustment after a divorce. However, a lesser known study also suggests that children may also be at risk for academic maladjustment during and after the divorce process. How can parents mitigate against the issue, and what can an experienced divorce lawyer do to help? The following information explains further.
Academic Maladjustment and Divorce
Academic maladjustment – or difficulty in school – can take many forms after divorce. Some children may simply disengage altogether, which can cause a sudden drop in their grades. Others may start to withdraw socially, so they may stop attending extracurricular or after-school activities. Still, there are some who may start to display behavior problems at school, such as outbursts, bullying, or truancy. How a parent deals with this will depend greatly upon the type of maladjustment their child is experiencing, but so can an understanding of the reasons that academic maladjustment may occur during and after divorce.