Posted on July 29, 2016 in Divorce

You hear about how difficult divorce is from almost everyone - couples that have been through it, children who were caught in the middle, even attorneys. However, it is one of those situations that, until you are in it, you really have no idea just how drastically it will affect your life. It is emotionally and mentally exhausting, time intensive, and stressful. It can even have an impact on your health. Know what your risks are and how you can best prepare and protect yourself during this phase in your life.

Possible Health Risks During and After Divorce

Numerous studies have been done on divorcees to determine the potential health risks of divorce. Many of them extend well beyond when the process is complete. For example, the Mayo Clinic indicates that divorce could lead to issues with anxiety, and a 2013 Clinical Psychological Science published study found that divorce increased the risk of depression.

Another study, published in the journal Health Psychology, found that divorce caused sleep disturbances, which increases the risk of high blood pressure. Cardiovascular disease was also found to be higher in those that had gone through a divorce, particularly women. Other studies have concluded that weight gain is highly likely after divorce, which can further exasperate the risk of high blood pressure and cardiovascular disease. Add all of this to the chances of being left without health insurance, and you have a recipe for disaster.

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 Posted on July 27, 2016 in Child Custody

When parents file for divorce, or for parental rights after the legal establishment of paternity, they must determine how they will split time with their child (parenting time) and decision-making power (allocation of parental responsibilities) in their child's life. How do parents make such a determination? They follow a legal process that is outlined by the courts. Understand how this process works and how you can effectively develop a plan that works for your family.

Parenting Plans - What They Are and Why You Need One

A parenting plan is a legal arrangement that outlines the details of a family's allocation of parental responsibilities and parenting time. Unless an extension is requested, a proposed parenting plan must be filed within 120 days from the date that the Respondent received their court papers. All parenting plans are valid until the child becomes an adult, or until a modification is requested or made with the courts (modifications are not generally permitted until two years after an order is put into effect).

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 Posted on July 25, 2016 in Hidden Assets

It is only natural to want your fair share in a divorce, and there is nothing wrong with protecting assets that are rightfully yours. An attorney can help you with all of this, but it is possible to take things too far and deceptively try to keep more than you should. A civil and potentially even a criminal matter, such practices are known as asset hiding, and they can land you in trouble. Understand the difference and learn how you can legally protect your assets during your divorce.

Protecting Your Business

Like all other marital assets, businesses are valued and equitably distributed during divorce. This does not necessarily mean that you have to take on your soon-to-be ex-spouse as a partner, or that you have to sell the business. In fact, if you are willing to part with an equal sum of your remaining marital estate, you may be able to walk away with your business intact. However, it is important that you tread carefully in business matters while pursuing a divorce.

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 Posted on July 20, 2016 in Mediation

Mediation is a process that encourages couples to amicably work through the details of their divorce, such as the division of assets, allocation of parental responsibilities, and alimony. But how, exactly, does the mediation process work? And is it the right option for your divorce?

How Mediation Works

When couples decide to mediate their divorce, they work through their divorce with a mediator, instead of a judge. Details of their divorce are negotiated rather than litigated. An impartial party, the mediator can only make suggestions for working through a particular problem. They cannot make any decisions. However, each party does still have the right to hire an attorney to ensure their rights are protected, and that they have considered all relative factors in the negotiation process.

Advantages and Disadvantages of Mediation

Couples who successfully complete the mediation process often find that there are some distinct benefits. For example, the process is often less contentious because it encourages couples to focus on the details, rather than blame for the dissolution of their marriage. It is also a process that can save couples time, money, and stress. Furthermore, the process is more private and offers more control over the final outcome than traditional divorce.

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 Posted on July 18, 2016 in Divorce

Even when you know that a divorce is necessary, the process can be stressful, full of tension, and emotionally taxing. In fact, even those going through amicable divorces find themselves surprised by the sense of loss they feel during the process. Rest assured: these feelings are only temporary and, very soon, you will be on the path to healing. But you do not have to wait until the divorce is over to take positive, healthy steps forward. You can use these tips to help you rise above the stress and tension of your divorce, starting immediately.

Know Your Risks

The first step to solving or preventing a problem is knowing that the potential for one exists. As such, you should be aware of the negative effects that a divorce can have on your life. Studies show that trauma of a divorce can have a lasting impact on your mental and physical well-being. Take preventative steps, such as remembering to take time for exercise and try to eat healthy. Seek emotional support from family and friends. And, if necessary, see a therapist or counselor to help you deal with feelings of anxiety, anger, depression, or guilt.

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 Posted on July 13, 2016 in Child Custody

Most parents recognize that they are not the only ones hurting during divorce. Children, who once had a whole family, living under one roof, must now split their time between two homes and two parents. This, in and of itself, can be stressful, but many also assume responsibility for the dissolution of a marriage, or blame one or both of their parents. When paired with the upending of their lives, this can lead to problems with depression, anxiety, and behavioral issues at home and/or school. However, parents can help children survive divorce and better adjust in the months and years after by avoiding some of the most common divorce mistakes.

Be Willing to Take an Honest Look at Your Own Behavior

When going through the emotional stress of a divorce, it can be difficult to take an objective look at your behavior, but unless you are willing to do so, you will never really be able to determine if there is, in fact, a problem with the way you are reacting to your child or your spouse. So, regardless of how you are feeling, be willing to at least try and take a step back to examine your behavior. If you need help from a therapist or a close, trusted family member or friend, seek it out. This can help you be better equipped to help your child in the weeks, months, and even years following a divorce.

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 Posted on July 08, 2016 in Divorce

In divorce, couples often assume that debt, like assets, will be appropriately divided. Unfortunately, this is not always true. And, even when debt is assigned in divorce, creditors may still hold both parties responsible for an unpaid debt, missed payment, or late payment. As such, it is critical that you take assertive steps to protect your credit, and your financial future. Our attorneys can help.

Dividing Debt in Divorce

The first step to protecting yourself from debt in divorce is knowing which debts actually belongs to you, and what debts belong to your spouse. With the help of your attorney, you and your spouse can attempt to separate these debts outside of court. However, debt division can be taken to court for litigation if you and your spouse are unable to resolve matters amicably. Factors that the judge may use to determine who is be responsible for debt will typically include:

• Who opened the account or made the debt;
• Who received benefits or proceeds;

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 Posted on July 07, 2016 in Divorce

All divorces are legally and emotionally complex, but high asset divorces are exceedingly so. This is due, in part, to the separation, valuation, and distribution of high value assets, but there are often other factors at play as well. Maybe the earning potential of one spouse is much lower than the other. Or maybe the assets came from a family owned business that may placed at risk during divorce. Whatever the reasons may be for the anxiety you feel about about the future, careful and effective preparation can help ease some of the burden.

Always Prepare for the Worst

In divorce, emotions are often high and may fluctuate several times throughout any given day, week, or month. Old wounds or arguments can be unearthed or rehashed. New issues can arise. In short, even an amicable divorce can quickly turn contentious, and sometimes without notice. For this reason, you should always hope for the best and then plan for the worst in a high asset divorce. Hire a high quality divorce attorney, try to avoid giving into the desire to "win" your divorce, and be ready to disengage if you sense an argument brewing or your spouse becomes combative. If necessary, limit contact to avoid unnecessary arguments.

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 Posted on June 22, 2016 in Child Custody

Whether you are going through a divorce, have completed your divorce, or have never married the mother or father of your child, you have the right to pursue parenting time (formerly known as visitation) with your child. Furthermore, if a court order agreement is put into place, you have the right to seek enforcement if your right to parenting time is being denied or otherwise violated. Understand your options and how an attorney can assist you in pursuit or enforcement of your parental rights.

Modifying Parenting Time Orders and Resolving Issues Peaceably

Sometimes, parenting time orders must change to fit the family's ever-evolving needs. Or, it could simply be a case in which certain factors were not accounted for or foreseen when developing a parenting plan. If this is the case in your situation, every effort should be made to resolve the matter peaceably. Family counseling, parenting classes, and guided modification of the current order are just a few of your options. Our DuPage County allocation of parenting time law firm can help you understand your options and guide you through the process.

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 Posted on June 20, 2016 in Divorce

Divorcing couples with a reasonable sum of assets and money usually want to ensure they receive their fair share. Unfortunately, obtaining that fair share is not always an easy task. For some, the division of assets is a long, drawn-out battle, with each party arguing over what he or she is entitled to have or keep. For others, there could be deceptive practices like asset hiding or transferring that is meant to rob the other party of his or her fair share. Regardless of the situation, arguing over assets carries a number of possible risks for all involved.

Losing Assets or Money You May Have Been Owed

Most people realize that settling before every possible factor, condition, and offer has been considered may result in the loss of assets or monies they might have otherwise been owed. However, few fully understand just how significant and far-reaching the impact of an early settlement can be. If, for example, you have been a stay-at-home parent for the last several years, you may struggle to find employment that offers a salary comparable to what you would have made, had you stayed in the workforce. This, paired with possible child-care costs and single-income household expenses, could affect your life for many years after the divorce is complete.

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