Posted on January 10, 2017 in Mediation

Though couples do not need an attorney for mediation, many divorcees do choose to secure legal representation through the process. Why might you need one, and what benefits can they offer in your case? The following information explains, and provides you with some key details on how to select the right lawyer for your Illinois divorce mediation.

The Role of an Attorney in Mediation

Unlike litigated divorces, where parties are pitted against one another on opposing sides, those that employ mediation are encouraged to work through their problems using negotiation tactics and compromise. As such, the role of an attorney in mediation is quite different from the more "traditional" role they play during the litigated divorce. Further, the extent of an attorney's involvement during mediation is largely determined by the hiring party.

Some choose only to use an attorney before mediation. In this situation, the lawyer would explain the mediation process to the client. Typically, the attorney will also screen to client to ensure that mediation is a viable option for their situation. The lawyer may also review a list of available mediators to ensure the client finds one that is suitable for their particular case.

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 Posted on January 05, 2017 in Family Law

There are many ways to talk to children about divorce, and no one way is necessary "right." However, there are some things that parents can do to help improve their child's reaction to the conversation. This positive start can also improve a child's overall adjustment during the divorce process. Show your child that your family will survive and use the following considerations when talking to your child about the impending divorce.

Plan Your Conversation Before Anyone Leaves

One of the biggest mistakes parents can make during divorce is not talking to their children prior to the actual split. It can make adjustment even more difficult, and some children may even perceive it as a betrayal of trust. So make sure you take to your children before anyone leaves the home. For younger children, you do not have to give it more than just a few days. School-aged children may need a little longer, possibly a one to three weeks.

Time Your Conversation Carefully

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 Posted on December 29, 2016 in Divorce

Deciding whether or not to file for divorce can be a difficult, confusing, and even painful. This can be especially true for couples that still care about one another, or that have been together for a long time. Yet, even in these situations, divorce can be a positive thing. In fact, some couples who have spent years either unhappy, distant, or simply out-of-touch with one another have found a fresh, new start in life once the divorce is final. So, if you suspect that your marriage might be on the path to divorce, learn how to take that next step, and discover how to ensure your rights and interests are protected throughout the process.

Should You Proceed with Divorce?

Of all the decisions you will have to make, the one over whether or not to divorce is probably the most difficult. After all, you have invested time and energy into your marriage, and it can be difficult to let go. Yet, if you find yourself feeling as though your marriage is the lesser of two evils, are staying together for the children, find yourself on a different path than your spouse, or spend the majority of your time arguing, you may be better off taking the next step.

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 Posted on December 27, 2016 in Domestic Violence

Domestic violence can impact people from any social class, gender, race, or income level. It can also complicate divorces far beyond that of debt and asset distribution, the allocation of parental responsibilities, and child support or alimony determination. It can place the lives of victims and their children in danger. For this reason, it is critical that every domestic violence victim seek experienced legal assistance with their divorce case. The following explains where to find this help, and how it may improve the safety of you and your children during the divorce process.

Safety First - Always Have a Plan

Not all victims know they want to divorce. Some may fear the risk that it could pose to their safety. However, all victims should have a safety plan - one that gives them direction in the event that their life does become endangered while they are with their abuser. This should include knowing where you will go, whom you will call, and where you will stay to ensure your safety. Once you are away, seek support from family, friends, colleagues, and domestic violence advocates. With their help, you may begin to realize that divorce can be an option, even in situations that involve domestic violence.

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 Posted on December 21, 2016 in Divorce

Divorce can be an emotionally difficult process, full of contention, stress, and heartbreak. It is also a process full of financial obstacles that can place your way of life at risk. Thankfully, a little perspective can help reduce this risk. More specifically, viewing your divorce as a business transaction, rather than an emotional situation, can minimize the financial strain that often accompanies divorce. This is not easy, of course, so the following provides some specific information that can help.

Setting Healthy Boundaries with Your Spouse

The first thing you need to do during divorce is develop healthy boundaries with your spouse. Know when and how to separate yourself from situations that are stressful. Discuss matters through your attorney, rather than face-to-face and avoid arguments that are both unproductive and unnecessary. Most of all, remind yourself that this phase in life is only temporary. It shall pass, and the stress you feel now will not always be there. Hold onto this whenever you feel overwhelmed, stressed, or confused.

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 Posted on December 19, 2016 in Family Law

Raising children can be a difficult job, even in the best of situations. When parents live in different homes, have different beliefs or ideals, or disagree on how a child should be raised, parenting can become a contentious situation. To make matters worse, children can feel as though they are caught in the middle. As a result, they may lash out, become withdrawn, or suffer severe emotional trauma. Protect your child, save your sanity, and learn how you can reduce the stress of co-parenting with help from the following information.

Accountability and Boundaries

While most parents do want what is best for their child, there is a small fraction that seem to struggle with the accountability aspect of parenting. They may not understand the pain they cause when they do not show up for a scheduled visit or event. Some fail to recognize how not paying child support impacts their child's overall quality of life. Still others may behave in ways that create a cause for concern.

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 Posted on December 17, 2016 in Divorce

When two people decide to get divorced, often they already live in different places. However, both spouses may still live in the family home after a divorce has been filed. Who has to leave the home once the divorce process is underway?

Issues of Property Ownership

Under the law of Illinois, generally, no one is required to leave the family home while the divorce is still underway. In Illinois, the family home is most likely marital property.

Until the court makes a final decision about the division of the assets, each spouse has an equal right to live in the house.

Petition for Exclusive Possession

One side can ask the court for exclusive possession of the home. This would mean that he or she has the legal right to require that the other spouse leave the house and live somewhere else. However, the petition for exclusive possession requires that the petitioning spouse submit evidence of domestic violence or abuse.

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 Posted on December 16, 2016 in Hidden Assets

When going through divorce, most people would like to believe that their spouse still values their marriage enough to be honest and fair in their disclosure of assets and income. Unfortunately, this is not always the case. No one really knows how often it happens - after all, many do end up getting away with it - but the issue is common and one that you should be aware of. Learn more with help from the following information on financial fraud in divorce.

Types of Financial Fraud in Divorce

While some forms of financial fraud are more common than others, a spouse can become victim to one or numerous types throughout the course of their marriage or divorce. This can include tax fraud, asset dissipation, asset hiding, misappropriation of assets, forgery, loan fraud, insurance fraud, and more. Parties who are especially at risk are those that have not had an active role in the day-to-day financial management of the marriage. Even still, it is possible to spot the signs if you stay aware and know what to look for during your divorce.

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 Posted on December 08, 2016 in Family Law

While every family and situation is different, studies show that children typically cope best with divorce when they have a continued and healthy relationship with each parent. Studies also indicate that it is parental conflict - not the divorce itself - that can have a negative impact on a child's future relationships as an adult. This means that parents must work together, regardless of their issues with one another. Unfortunately, this can be difficult when there are barriers. A recent study examined what these barriers might be, and how families may overcome them.

Current Programs Are Not Addressing Parental Concerns

More than half of all states have programs that help parents with successful co-parenting after divorce. Yet most focus on logistical concerns, such as how to deal with hectic work schedules or long distances and still spend time with a child. Unfortunately, these concerns may not be the creating rifts that many parents experience during and after the divorce process.

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 Posted on December 06, 2016 in Divorce

Divorce is difficult at any time of the year, but it can feel especially overwhelming during the holiday season. You may find yourself feeling lonely, or missing certain traditions, or even yearning for time with your in-laws. Take heart: these painful feelings are completely normal, and they will eventually pass. In the meantime, the following can help you cope with your divorce during this holiday season.

Dealing with Family and Friends

Family and the holidays tend to go hand in hand, but it can be an added stressor when you are going through a divorce. This is especially true when you have family members who give unsolicited advice or do not seem to understand what you are going through. It is important to remember that, though they mean well, you do not have to share every detail about your life, or the divorce. Try letting them know that you would really rather not discuss the divorce during family gatherings, or take a close friend who can act as a buffer if things get too out of hand. If all else fails, consider turning down invites to events that you know might be triggering and spend time at home, taking care of yourself instead.

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