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 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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 Posted on June 15, 2016 in Divorce

With nearly one million divorces occurring in America each year, one would think that the stigma surrounding the decision to end a marriage had dissipated-or, at the very least, waned over the years. Unfortunately, recent studies indicate that nothing could be further from the truth. In some cases, this could deter some couples from pursuing divorce, despite knowing that it is in their best interest. In the worst of circumstances, the fear of becoming an outcast and lack of support could keep victims in a dangerous marriage. Then, of course, there are those who do go through with divorce and must pick up the pieces alone. Suffice it to say that, the effects of this stigma can be detrimental to society.

Stigma Affects the Religious and Non-Religious Alike

Initially, it would make more sense to assume that the stigma surrounding divorce would only affect those who are religiously affiliated. However, a study on 11 female participants found that even non-religious individuals feel the effects of divorce stigmas. These women, who are often met with a higher social expectation to marry and have children, reported feelings of failure. They admitted to being fearful of talking to their family, friends, and co-workers about the divorce, for fear that they might face judgement for the "failure" of their marriage.

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 Posted on June 13, 2016 in Divorce

Divorce can take much longer than most people anticipate; however, high net worth divorces can take much longer. The division of assets and property and determination of spousal maintenance are extremely difficult to sort out, even in marriages among those with very little to divide. The more there is to divide, the higher the couple's income, the more complex the process becomes.

Case in point: a cancer treatment founder has been in the process of divorce for seven years now and is not even close to being completed, despite there being a valid prenuptial agreement. Therefore, if you are planning on a divorce and have a high value estate or expect there to be arguments over the division of property, assets, and determination of spousal maintenance, be prepared for a potentially lengthy process and know how to ensure you are effectively represented.

Know the Value of Estate, Income and Assets

While not all spouses hide money, the National Endowment for Financial Education found that approximately 31 percent of Americans are deceptive about money in one form or another. The deception could be as simple as a hidden bank account, a secret credit card, or a stash of hidden cash. It could be as complex and difficult to track as an offshore account. Or it could fall somewhere in the middle, which could include anything from lying about how much the house or the vehicles are worth or being elusive about how much money is coming in each month.

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 Posted on June 06, 2016 in Alimony

The subject of alimony (spousal maintenance) can be a touchy one for couples entering the divorce process. It is common for a spouse to request alimony following the dissolution of marriage, but the definition and parameters of alimony can vary and are sometimes difficult to determine. This is often due to differing opinions and disagreements between spouses when it comes time to settle the details.

The purpose of spousal maintenance is to arrange and guarantee financial support for one spouse-provided by the other-to prevent any financial difficulties after the divorce. The spouse who earns less is given a monthly payment from the higher earning spouse to account for regular living expenses and necessities.

The Roles of Mediators and Attorneys

If you and your spouse have decided to divorce, then it is time to make alimony arrangements. Yet where do you start? First, you will need to consult with an attorney. Lawyers and Mediators are trained to break down the legal aspects of the negotiation process for you. They will not only explain the process and technical details, they will also assist in determining the correct amount you should receive, answer any questions you might have, and guide you in a way that protects your best interests from start to finish. Mediation is an efficient process with proven success rates. Moreover, mediation facilitates communication and negotiation between both parties and helps them reach a mutual agreement.

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 Posted on June 03, 2016 in Child Custody

Even with the recent changes to Illinois' allocation of parental responsibility, there are still areas that remain fairly grey. If, for example, an older child wishes to spend more time with one parent, will his or her wishes be taken into consideration in a custody case? And, if so, how much weight is given to that preference? If you are the parent of a teen in an upcoming divorce case, understand these elements of parental time allocation and how it may apply to your situation.

Child's Wishes - One of Many Factors

While some states may allow children to make a fairly definitive decision about which parent they would rather live with, Illinois has attempted to alleviate parental battles and family strife by taking a more family-centered approach to the allocation of parenting time. Essentially, this means that the child's wishes are just one of many factors that are considered when a judge determines how long each parent will spend with the child. Other factors that are often considered include:

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 Posted on June 01, 2016 in Divorce

Those who are in the midst of divorce or are recently divorced face a number of transitions, especially when it comes to raising children and adapting to new lifestyle arrangements. Regardless of your situation, it is natural to feel overwhelmed and uncertain of how to navigate your new life as a divorced parent.

Gathering resources and seeking out a support system are key to ensuring the smoothest transition possible. Bumps in the road are inevitable where family separation is concerned; however, divorce can be a smooth, mutual decision with minimal negative impact when effort is made to take care of yourself and any children involved.

Speak with Your Child's School

Inform teachers of the changes happening in your family and speak to the guidance counselor so he or she can arrange a talk with your child. Be clear about the details you do and do not want given to the school personnel. Also, be sure to let the teachers know you do not want your child to have any special treatment, as it is good to maintain your child's routine during stressful times.

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