Posted on January 04, 2022 in Divorce

Learning to manage shared parenting time and parental responsibilities during and after divorce can be difficult, especially when parents live in different states. Illinois shares a border with no less than five states and divorced parents frequently find themselves trying to manage their parenting schedule across state lines. This can lead to many frustrations and legal complexities, which, if left unaddressed, can get in the way of having a happy relationship with your child and a productive relationship with their other parent. If you are facing the prospect of co-parenting across state lines, here are three tips to help the experience go more smoothly.

Follow Your Home State Jurisdiction's Laws

Whichever state court originally heard your divorce or child custody modification case typically has home state jurisdiction. If you move out of Illinois to a neighboring state, the terms of the original custody order must still be followed. If the children are still residents of Illinois, even if they spend time in another state, then modifications to the parenting agreement must usually be made in the home state as long as one parent still lives there. Failing to follow the terms of your parenting agreement can lead to legal repercussions.

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 Posted on December 27, 2021 in Divorce

It is a favorite habit of older generations to cast aspersions on younger generations, but no group of young people has been the target of as much public derision as the Millennials. For decades, Millennials have been written about in magazines and newspapers as selfish, disinterested youngsters who are more interested in social media than they are in respecting their elders.

However, as Millennials have gotten older and managed the challenges of adulthood, much of this worrying has come to naught - it turns out Millennials are more cautious, financially reserved, and deliberate about making major life decisions. One area in which this behavior manifests most obviously is in marriage and divorce.

Millennial Marriage is More Likely to Last

Many Millennials have watched their parents get divorced, dealt with the personal and financial fallout of divorce, and want to avoid making the same mistakes. Even as the Baby Boomer generation continues to get divorced well into their 60s and 70s, the divorce rate has dropped - largely thanks to Millennials.

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 Posted on December 21, 2021 in Divorce

Getting divorced is a difficult process and it is common for emotions to run high. Often, a spouse's worst fears about relationships have come true, and dealing with the fallout of cheating, dishonesty, or abuse can prove very challenging.

Nevertheless, certain behaviors are simply unacceptable during divorce. Rather than processing emotions appropriately, some spouses become spiteful, paranoid, and may even engage in stalking or harassment. If you have been a victim of spousal stalking or harassment during your divorce, there are things you can do to protect yourself and your family.

Harassment and Stalking are Illegal in Illinois

When someone behaves in a way that, with no other legitimate purpose, would cause a reasonable person emotional distress - and the victim of the behavior does feel distressed - such behavior may fit the legal definition of stalking in Illinois. If someone makes an indecent or obscene comment, in person or through electronic or telephone communication, with the intent to annoy, threaten, or offend, that behavior may fit the legal definition of harassment in Illinois. Many different behaviors could be either harassment or stalking, including, but not limited to:

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 Posted on December 16, 2021 in Divorce

A parent's most important responsibility is to provide for and protect their child. After a divorce - and even if they were never married - parents usually share parental responsibilities and parenting time but may disagree strongly about how children are best raised. Rarely, however, do these differences cross the line into neglect or abuse by either parent.

But when this does happen, it is important for the parent who suspects abuse to take action. Doing so may be uncomfortable, but your obligation is to ensure your child's safety. That being said, courts take false allegations of child abuse very seriously and making a false accusation could ultimately backfire. For these reasons, parents should never make allegations of abuse or neglect to try to deprive their child's other parent of parenting time - but if there could legitimately be something wrong, it may be time to act.

Potential Signs of Child Abuse

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 Posted on December 14, 2021 in Divorce

No matter how you feel about getting a divorce, once you have made the final decision, certain steps must be completed. The type of divorce you pursue will affect these steps to some extent. For couples who can agree on everything or agree to mediation when they do not agree, an uncontested divorce may be the best option. For some couples, however, a contested divorce is the only option.

Contested divorces can be messy, long, and expensive. Illinois family courts discourage this whenever possible by trying to motivate spouses to work together on a settlement; unfortunately, it is not always possible. A contested divorce may go all the way to trial but before a trial can begin, there is an important step called discovery. Discovery can be long and complex, so it is important to know as much about it as you can before the process begins.

Before Discovery

In the best case divorce scenario, spouses will be open and willing to exchange information between each other and their lawyers. Sometimes spouses may be willing to share information about some topics, but stonewall about others. Even in a contested divorce, the more spouses can settle together outside of court, the easier the discovery and litigation processes will be. Talking to your spouse (even if just through their attorney) may help you get an idea of what you can expect to confront during discovery.

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 Posted on December 09, 2021 in Divorce

When a married couple decides to end their relationship, one party may file for divorce. But an important part of getting divorced is being able to serve a spouse divorce papers - and if a spouse has decided to simply walk out without formally ending the relationship, serving papers can be difficult. Whether due to a criminal history, a desire to dodge child support obligations, or simply to try to start over again, some people disappear and cannot be located.

If you want to get a divorce and cannot find or contact your spouse, you are not consigned to a lifetime of marriage to a missing person. Instead, with the help of an experienced divorce attorney, you can take steps to end your marriage - even without your spouse's cooperation.

Divorce by Publication

When one spouse is missing and the other spouse wants to get divorced, Illinois law provides an option called “divorce by publication.” Divorce by publication is only an option after a judge from an Illinois family court is convinced that the spouse filing for divorce truly cannot locate the missing spouse. The spouse filing for divorce is responsible for proving that he or she looked extensively for their spouse. This may be done using the following strategies, keeping accurate records for evidence:

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 Posted on December 07, 2021 in Divorce

It is no secret that parenting during the holidays is difficult, especially in the first few years following a divorce. On top of gift shopping, work events, family parties, and children's school schedules, trying to create a co-parenting plan during the holidays can seem next to impossible. A practical parenting plan can reduce everyone's stress during this busy time, and even if you and your former spouse cannot agree on much, you can likely agree on that. Here are three tips for sensible, structured holiday co-parenting that can help make things easier for everyone.

Make a Plan and Stick To It

There is an old saying - “Done is better than perfect” - and in this case, it is true. Create a concrete schedule for where children will be and when they will be there, and who is responsible for picking up and dropping them off. You do not have to like every detail of the plan, but when you know what to expect, confusion and conflict will be minimized. Keep in mind that the parenting plan you created for your children when they were very young will likely not meet their needs as they get older. If you need to adjust your parenting plan, consult an attorney before making changes. Failing to follow your parenting plan without consent from your spouse and a court-approved agreement in place can get you in legal trouble.

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 Posted on December 02, 2021 in Divorce

Social media is almost universally used by residents of Illinois. Without thinking twice, many of us share intimate details about our personal lives on forums where anyone who knows how to take a screenshot can keep those details forever.

It is always important to exercise caution when using social media, but when as much as 80 percent of divorce attorneys say they would use social media posts as evidence, during divorce it is absolutely crucial. In this blog, we discuss some ways that social media use could negatively influence a divorce.

Financial Transparency

An important part of divorce is getting accurate information about each partner's finances. Some spouses try to hide or lie about their income, only to get busted when posting pictures and videos about a lavish lifestyle. Even if someone is merely trying to give the impression of having more money than they really do, this could be used as evidence of financial dishonesty during divorce proceedings. Professional social media sites may be used to find discrepancies between a spouse's stated employment and their true employment history. When in doubt, it is best to be completely transparent about your finances and avoid sharing anything related to money on social media.

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 Posted on November 29, 2021 in Divorce

Parenting plans are classically understood as legal instruments that detail how parents will share their children's schedules and needs after a divorce is finalized. Parenting time, allocation of parental responsibilities, holiday schedules, and the right of first refusal are agreed upon by parents or mandated by the court, and then codified into a legally enforceable parenting plan.

In addition to covering only the essentials, parenting plans can be written to include highly specific details about many issues that parents may confront. If you are interested in a parenting agreement that contains more specific provisions, read on.

Additional Concerns in Illinois Parenting Plans

According to Illinois law, certain issues must be addressed in every parenting plan. In addition to the aforementioned topics, parents must also agree on transportation and pick-up and drop-off arrangements, electronic communication when one parent is not with the children, potential relocation with the children, and how to make changes to the parenting plan.

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 Posted on November 22, 2021 in Divorce

In a perfect world, divorcing spouses would be able to reach an agreement on all of their issues without conflict or hostility. In real life, however, this rarely happens. Although no-fault divorce and alternative dispute resolution techniques have made it easier for divorce cases to stay out of court, there are times when appearing before a judge is unavoidable.

In the most hostile divorce cases, especially those that involve abuse or serious financial misbehavior, witnesses may be helpful. If you are beginning the process of divorce and believe that witnesses may be helpful to your case, read on.

Who Can Be a Witness in an Illinois Divorce Case?

There are two primary categories of witnesses: lay witnesses and expert witnesses.

• Lay witnesses are normal people who give their opinions, observations, or experiences with the people involved in the divorce. They cannot give opinions about specific topics that require expertise.

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