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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 Posted on January 26, 2021 in Child Custody

Many divorcing parents have strong opinions about how parental responsibilities and parenting time should be divided. Parents may disagree about the child's primary residence, parenting time schedules, how major decisions about the child should be made, and much more. If you are a divorcing parent in the middle of a child-related dispute, or you suspect that you soon will be, you may have questions about how child custody decisions are made in Illinois. You may wonder about the impact that your child's opinion could have on the outcome of your case. In Illinois, child interviews may be used to gather information about the child's thoughts and opinions during a custody dispute. However, these interviews are only one element of the court's decision-making process.

Disagreements about Parenting Time and Parental Responsibilities

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 Posted on January 22, 2021 in Divorce

Couples in Illinois who choose to legally dissolve their marriage have the option of determining the terms of their divorce. Decisions about issues like property division and child custody are largely left up to the spouses. While some couples are able to negotiate a settlement, others are unable to reach an agreement about one or more issues. If a divorcing couple cannot reach an agreement outside of court, the case goes to litigation. A judge evaluates the evidence and arguments presented by the parties and then issues a judgment. Parties have the opportunity to appeal the judge's decision; however, a successful appeal is only possible in certain circumstances.

What if I Disagree With the Court's Decision?

The outcome of a divorce is likely to have a significant impact on the parties' lives. Your divorce decree may influence everything from how often you see your children to where you live. If your divorce does not turn out the way that you had hoped, you may wonder if you can file an appeal. It is possible to appeal a divorce judgment, but only under certain circumstances. In most cases, disagreeing with the court's decision or thinking that the decision is unfair is not a valid reason for an appeal.

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 Posted on January 19, 2021 in Child Custody

If you are a married parent who is thinking of getting divorced, you probably have concerns about how this will impact your child. You may also have concerns about how you and your child's other parent will share custody of your child. In Illinois, child custody is divided into two primary components: allocation of parental responsibilities and parenting time. Parental responsibilities involve the decision-making authority a parent has regarding important issues in a child's life, while parenting time is the actual time a parent spends caring for their child. If you are like many parents facing a potential child custody dispute, you may wonder if your child will have any say in how parental responsibilities and parenting time will be divided.

Negotiating a Parenting Plan

According to Illinois law, you and your child's other parent have 120 days after filing for divorce to submit a parenting plan. Your plan must contain decisions about many different issues including:

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 Posted on January 12, 2021 in Divorce

COVID-19 has deeply affected millions of Americans. Many have faced job loss or reduced work hours because of shutdowns. Others have had to quit their jobs to be at home with their children during remote learning. If you are in a difficult financial position and want to file for divorce, you may have concerns about how your financial hardship may affect your situation. You may have heard that there was a mandatory separation period before a couple could get divorced but are unsure of what exactly is required. If you and your ex cannot afford to live in separate homes, can you still be granted a divorce?

Changes to the Illinois Marriage and Dissolution of Marriage Act Address the Separation Period

Major changes to the laws that govern marriage and divorce in Illinois were enacted in 2016. Among the many changes was a modernization of the “grounds” or reasons that a spouse may request a divorce. Before the changes, spouses could claim fault-based grounds for divorce, such as impotence, infidelity, abuse, or drug addiction. Following the change, all of the fault-based grounds have been abolished.

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