Posted on March 05, 2021 in Divorce

Sometimes, when a couple decides to get a divorce, both spouses are on the same page. In other situations, a spouse may be caught totally off guard when he or she is served with divorce papers. Regardless of what led up to this moment, once you have been served with a divorce petition, you need to take several important actions. You may understandably be very upset about what has happened, and you may be tempted to ignore the petition or even throw it away. However, doing so will only worsen your situation.

Read the Petition Entirely

The first step you should take after receiving a petition for the dissolution of marriage is to actually read the document. This may seem obvious, but many people jump to conclusions without reading the entire petition. The document will explain that your spouse is requesting a divorce. It will likely include statements and requests about the allocation of parental responsibilities and parenting time, spousal maintenance, property division, and other divorce-related issues. Once you understand what your spouse is asking for, you can respond appropriately.

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 Posted on March 03, 2021 in Family Law

The silver lining in any divorce is the hope for a better future. Many divorced individuals eventually meet someone new and get remarried. If you have previously been married, and you are now planning to marry for a second or subsequent time, you are probably busy planning the wedding and building a life with your new partner. However, it is essential that you take the time to consider how your remarriage can impact the terms of your previous divorce. It is also important to start thinking about the unique issues that may be present in a second or third marriage.

Spousal Maintenance Typically Terminates Upon the Recipient's Remarriage

Per Illinois law, spousal maintenance or alimony terminates if the recipient gets remarried. In addition, spousal maintenance usually terminates once the recipient begins cohabitating with a new partner. If you plan to remarry, you must inform your ex. If you do not tell your ex, and he or she pays you maintenance after you are remarried, you may be forced to reimburse him or her for any maintenance you received after the date of your marriage.

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 Posted on February 26, 2021 in Family Law

As any married individual can attest to, it is not always easy to know when a marriage is truly over. You may be unhappy in your relationship, but you may still have a glimmer of hope that you and your spouse can resolve your differences. However, even if you are not yet ready to pursue a divorce, you will likely still need to address key issues related to your finances and your children. In situations like these, a legal separation may be the right choice. Read on to learn about the purpose of legal separation in Illinois as well as the differences between legal separation and divorce.

Understanding The Process of Getting Legally Separated in Illinois

There are many misunderstandings about what it means to be legally separated. A legal separation does not simply mean that you and your spouse are living separately; instead, it is an official legal status. During a legal separation, you and your spouse can establish arrangements about the same issues that you would need to address during a divorce. You may then submit your agreements to the court, and these agreements will become legally-binding court orders. During a legal separation, you can formally address:

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 Posted on February 23, 2021 in Divorce

In today's modern world, we can pay our bills, conduct work meetings, do our taxes, and complete other important tasks all from our home computer or smartphone. If you are thinking about divorce, you may be interested in your options for an “online divorce” or “do-it-yourself divorce.” These options often seem attractive because they have low up-front costs and appear simpler than a traditional divorce. However, many people find that DIY divorces end up being disastrous.

Advantages and Disadvantages of Do-it-Yourself Divorce

A quick search of the term “online divorce” results in thousands of results for allegedly quick and easy ways to end your marriage online. Unfortunately, divorce is rarely a quick and easy process. There are certainly some things you can do to make the divorce process easier, but no divorce is completely painless. The main advantage of DIY divorce or online divorce services is that they often have a low starting fee. However, many people find that the financial harm resulting from a hasty divorce greatly outweighs these savings. When you use an online or DIY divorce service, you miss out on the personalized legal guidance you gain from working with an attorney. You may make mistakes or oversights that result in avoidable stress, financial losses, and legal headaches.

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 Posted on February 19, 2021 in Collaborative Law

If you are getting divorced in Illinois, you and your spouse must resolve several issues before your marriage can be legally dissolved. Depending on your situation, you may need to reach an agreement about how to divide marital property and debt, how to allocate parental responsibilities, whether a spouse will receive spousal maintenance or alimony, and more. If you are unable to reach an agreement about one or more of these issues, your case could go to trial. Divorce litigation is often a stressful, expensive, and combative process. One alternative to divorce litigation that has helped many couples reach an out-of-court settlement is collaborative divorce.

Working With an Attorney Without Being Adversarial

Thanks in large part to movies and TV shows, many people assume that involving lawyers in a divorce automatically means that the case will lead to a contentious courtroom battle. This is not the case with collaborative divorce. As the name implies, a collaborative divorce is rooted in cooperation and respect. Collaborative divorce may be right for you if you want to have legal guidance and support from a lawyer, but you want to avoid a highly adversarial litigation process.

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 Posted on February 16, 2021 in Child Custody

In Illinois law, the terms “child custody” and “visitation” are no longer used. Parenting duties now consist of parental responsibilities and parenting time. This change was made in large part to present parenting tasks as a spectrum as opposed to one parent being the “custodial parent” and the other parent as merely “visiting” the child. However, there are still cases in which it may be in the child's best interests for one parent to have most – if not all – of the parental responsibilities and parenting time.

The Allocation of Parental Responsibilities

The term “parental responsibilities” refers to how parents will make significant decisions about the child's life. Per Illinois law, significant decisions are decisions pertaining to:

• Education

• Extracurricular activities

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 Posted on February 12, 2021 in Divorce

The legal process of ending a marriage is not always easy. Delays and complications may cause a divorce to take up to a year or more. Spouses may need to address how divorce issues such as property division, child custody, and child support should be handled while the divorce is ongoing. In Illinois, spouses may address these concerns by petitioning the court for “temporary relief” or temporary orders.

Temporary Relief Orders Can Protect Assets and Address Possession of the Marital Home

Just like the final divorce decree, temporary orders are legally-binding court orders that spouses are required to follow. Unlike the final decree, temporary orders are only intended to last until the divorce is finalized. Many temporary court orders address financial issues. A temporary financial restraining order may freeze bank accounts, prohibit spouses from disposing of marital property, or identify which spouse will have exclusive possession of the marital home. Divorcing spouses may even ask for a temporary order to address possession of and responsibility for pets.

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 Posted on February 05, 2021 in Child Custody

Child custody cases are often some of the most contentious family law disputes. When it comes to children, emotions typically run high. Parents may do or say nearly anything to get the child custody outcome they want. Sadly, it is often the children themselves that are most damaged in a combative child custody case. If your child's other parent has accused you of abusing your child in an attempt to sway the outcome of your child custody dispute, it is crucial that you take steps now to protect your rights as well as the rights of your child.

Speak with a Lawyer Who is Experienced in Child Custody Disputes

Illinois courts always make child custody decisions based on what is in the child's best interests. Being accused of child abuse or domestic violence can have a dramatic impact on your child custody case. If your child's other parent has brought unfounded allegations of abuse against you, there are several things that you should do immediately. First, speak with a family law attorney who has experience handling situations like these.

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 Posted on February 03, 2021 in Divorce

Most people know of at least one relationship that has ended due to infidelity. Statistics about the prevalence of cheating vary, but various studies suggest that about 25 percent of marriages involve extramarital sexual infidelity. If your marriage is coming to an end because of an affair, it is important to know how this may impact your divorce. Although Illinois no longer recognizes adultery as a grounds for divorce, there are still several ways in which cheating or infidelity can influence a divorce case.

Grounds for Divorce in Illinois

Although we rarely think about it in these terms, when you get divorced, you are essentially asking the state to terminate your marriage. In the past, many states required an allegation of fault in order to grant a divorce. Fault-based grounds included issues like adultery, impotence, or abuse. However, every U.S. state now has the option for no-fault divorce. In Illinois, fault-based grounds for divorce have been eliminated entirely. The only grounds for divorce is “irreconcilable differences.” While you will not list infidelity as the reason for your marriage ending, an extramarital affair can still greatly affect your divorce.

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 Posted on January 29, 2021 in Divorce

One of the biggest questions many couples face during divorce is which spouse will stay in the marital home, and which spouse will move out. Reaching an agreement about where each spouse will live during and after the divorce can be difficult, and sometimes it may seem nearly impossible. In some cases, a spouse may simply refuse to leave, and situations like these can become even more problematic if a spouse has a history of domestic violence. If you are planning to divorce, you may wonder if there is a way to force your spouse to move out. An order of protection and a motion for exclusive possession of the marital home are two legal avenues that may allow you to have your spouse removed from your shared home during your divorce.

Order of Protection for Victims of Domestic Violence

No one should have to live in fear in their own home. An order of protection (commonly known as a restraining order) is a legal court order that may require a spouse or other abusive individual to move out of a shared home. Protective orders in Illinois may also include provisions requiring the subject of the order, called the respondent, to stay a certain distance away from their spouse and/or their children, surrender firearms, cease communication with their spouse, and more. In order to get an order of protection in Illinois, you will typically be required to show that the respondent has abused you or another household member or caused you to fear for the safety of yourself, your children, or other family members. Abuse is defined in Illinois law as:

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