Posted on July 07, 2022 in Divorce

Losing a job is never easy, but losing your job during the middle of an Illinois divorce can be a nightmare. The financial difficulties and stress of divorce are rapidly compounded by job loss, and these can be heightened by the fact that failure to meet court-ordered financial obligations comes with serious consequences. Unfortunately, as economists speculate that the U.S. economy is moving towards a contraction, this situation is likely to become a reality for many people. With the help of an experienced Illinois divorce attorney, however, you do not have to navigate this complex situation alone.

The Reason For the Job Loss Matters

Courts are less than sympathetic to spouses who are voluntarily unemployed or underemployed because they want to avoid losing money in a divorce. However, if you are laid off for reasons beyond your control, a court is much more likely to be flexible and understanding than if you quit your job because you want your child support payments to be lower.

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 Posted on July 05, 2022 in Divorce

Parents seeking to create or modify an Illinois parenting agreement often experience heated disagreements about the best arrangement for their children. When mediation or other negotiations fail to resolve the conflict, or when abuse or violence is present, parents may need to take the case to trial. Child custody trials have many unpleasant features, perhaps the most significant being that each parent's behaviors are brought into the limelight. Judges will examine your home environment, personality, and parenting skills in scrupulous detail. Here are three mistakes to avoid if you are seeking parenting time and parental responsibilities in an Illinois child custody case.

Discussing Your Case on Social Media

It can be tempting to vent your frustrations on social media where you can find many people willing to sympathize and give you encouragement. But sharing on social media, even in ways that may seem innocuous, potentially exposes you to further attention and criticism. Avoid talking about anything related to your divorce and - even better - avoid social media altogether until your case is finalized.

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 Posted on June 30, 2022 in Divorce

Research suggests that the negative effects of divorce on children in Illinois and across the rest of the United States can last for many years after the divorce is finalized. Children are often stuck in the middle as parents struggle to manage their relationship with each child and the challenging divorce process simultaneously. Unfortunately, this often results in direct or indirect attempts at parental alienation and enormous negative impacts on children's mental health.

There is good news, however. Family counseling allows parents and children to learn more about how to manage divorce with skill and compassion. It teaches parents to collaborate and avoid inadvertently harming the children, and it teaches children the skills they need to manage and process their emotions about the divorce.

How Does Divorce Affect Children?

Even if a child's parents did not have a great relationship before the divorce, the jarring separation of a child from living with both of her parents - and the changes in living situations this separation brings - can be deeply unsettling. Depending on her age, a child may struggle to understand why her parents are separating and what it means for her future. She may feel fear, depression, and anxiety, and even the best-behaved child may begin to act out unpredictably.

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 Posted on June 28, 2022 in Divorce

For some people, the initial shock of finding out their spouse committed a crime that landed them in an Illinois jail is a divorceable offense the first time it happens. Others may have given a spouse chance after chance and finally cannot take their behavior any longer. For victims of domestic violence, jail time may also offer an opportunity to finally escape the jailed abuser without fear of reprisal. Whatever the situation may be, having a spouse in jail can be overwhelming and divorce is often a natural consequence.

Do I Have to Wait For My Spouse to Get Out of Jail to File For Divorce?

You do not need to prove that your spouse was at fault to get divorced in Illinois and whether your spouse is in prison does not affect whether you can file for divorce. In fact, in some ways it may be easier to file for divorce because the spouse's location is known and it is easier to serve divorce papers. You must include your spouse's inmate number, which you can find on the Illinois Department of Corrections website, on your divorce filing. Make sure you pay any filing and serving fees and get confirmation that your spouse received the papers.

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 Posted on June 23, 2022 in Divorce

Married couples in Illinois must navigate a complex variety of issues to keep a marriage healthy and happy. In addition to financial concerns, raising children, managing careers, and running a household, couples must also try to maintain a close sexual and emotional relationship. Unsurprisingly, sex is one of the issues couples most often experience conflict over. If the issues are serious enough, disagreement about sex can lead to divorce.

In some cases, issues around sex are present from the beginning of the relationship. Other times, they take years to develop and only become existentially threatening after a variety of treatment methods have been exhausted. If you are in a sexually dysfunctional marriage and are wondering whether you are justified in seeking a divorce, know that some people in your situation have decided that a lifetime of sexual dissatisfaction is a good enough reason to end a relationship while others have decided to stay married. The right choice for you will depend on many factors. However, knowing more about your legal options may help you feel empowered to make a decision.

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 Posted on June 21, 2022 in Child Custody

Getting sole custody of a child is difficult in Illinois and many fathers who have tried would argue that it is even more difficult if you are not a child's mother. Judges are reluctant to keep a child away from a parent without a compelling reason, and although many parents dislike their ex's parenting style, few behaviors are serious enough to warrant giving full parental responsibilities and parenting time to just one parent.

In genuine cases of abuse or neglect, Illinois courts can and do restrict the abusive parent's access to a child, either by heavily limiting contact or curtailing it entirely. Yet the difficulty of bringing such a case before a judge should not dissuade fathers who are concerned their children are suffering. If you find yourself wondering whether you may be able to get full custody of your children in Illinois, read this blog and then contact a custody modification attorney who can help.

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 Posted on June 14, 2022 in Divorce

The decision to get an Illinois divorce after discovering a spouse's infidelity can often be as heartbreaking as finding out about the cheating itself. In addition to the feelings of confusion, hurt, betrayal, and loneliness, you may also begin feeling guilt, sadness, and self-doubt. And of course, infidelity breeds distrust and contempt, making it difficult to work collaboratively during the divorce process.

While all of these things are difficult, the unfortunate truth is that, in Illinois, infidelity generally does not have an impact on divorce proceedings. This can feel extremely unfair to the party who was faithful, especially if that party ends up paying the cheating spouse alimony or child support. But while the divorce may not be affected by the infidelity in and of itself, certain behaviors commonly associated with cheating during a marriage can affect parts of the divorce process, giving the spouse who has been cheated on some relief.

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 Posted on June 09, 2022 in Divorce

While divorce is not easy for a separating couple, children can become the unfortunate catch-all for the more serious negative consequences of divorce. Lacking understanding and context, children often suffer the impact of parents who disagree about child support, custody arrangements, or who simply use the children as a proxy to fight out their personal differences.

When parents are diametrically opposed in their wishes regarding what should happen with the children, or when accusations of abuse and neglect have been made, a court may appoint an independent third party to investigate the situation more closely to determine what would be in a child's best interests. This person is called a guardian ad litem. Finding out a guardian ad litem will be involved in your case can be uncomfortable; you may like you have done something wrong or that you are under close supervision. However, guardians ad litem are common in contested parenting cases and understanding their role is an important part of making the investigation go smoothly.

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 Posted on June 07, 2022 in Divorce

The state of Illinois determines child support payments using a strategy known as the “income shares method.” Because so many children have parents who both work, the income shares method effectuates the most practical child support payments by taking both parents' incomes into consideration.

For parents who are W2 employees, calculating child support is fairly straightforward. When one parent or both parents are self-employed, however, there can be some questions when determining a parent's true income - and whether that full income is being disclosed during divorce.

Who is Considered Self-Employed?

Self-employment is very common, especially because so many people work part-time in the so-called “gig economy.” Jobs that are considered self-employment include, but are not limited to:

• Sole proprietorship businesses

• Business partnerships

• Independent distributors

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 Posted on June 02, 2022 in Divorce

Couples seeking a divorce in DuPage County, IL often have a difficult time reaching an agreement on important issues like property division and child custody. Although couples are encouraged to resolve their differences themselves outside of court, the nature of divorce makes it very difficult for most couples to do so. When a couple cannot achieve compromise and the divorce process has already begun, the judge presiding over the case may appoint a mediator at the couple's expense.

As with any situation in which a mediator is involved, the goal is to reach a dispute resolution that is satisfactory to both parties. However, a court-appointed mediator has its limitations and couples often find that a private mediator suits their purposes more appropriately. If you are getting divorced and want more information about divorce mediation in Illinois, read this blog and then contact an experienced family law attorney-mediator who can help.

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