Posted on June 16, 2021 in Divorce

Once a divorce is finalized, former spouses are free to marry anyone they want. Although this typically means finding and marrying a new partner, sometimes ex-spouses will want to remarry each other. Research shows that only 6 percent of couples remarry each other after divorce – but of those who do, a surprising 72 percent stay together.

This may seem shocking to some people, but there are actually good reasons people remarry each other. People change, grow, recognize their mistakes, and shift their priorities. If couples share children, they may realize that life apart is more difficult than life together. Or they may find that there is still love and respect that make a relationship worth salvaging and try to work for a shared future on behalf of the children.

As with any marriage, if your plan is to remarry your former spouse, there are some things you should consider before making that decision.

Continue Reading ››

 Posted on June 14, 2021 in Divorce

Studies show that divorce is one of the most difficult life events that children can experience. Although divorce is never easy, it does not have to be a disaster. Making intentional decisions to protect your child throughout the divorce process can significantly impact the emotional success of a child during and post-divorce.

Our last post examined strategies for telling your child that you and your spouse have decided to get a divorce. In this post, we will look at ways that you can protect your child during the divorce, focusing on maximizing parental connection and minimizing trauma and self-blame.

Constantly Connect

One of the most damaging risk factors in a parent's divorce is when a child loses contact with one of their parents. Children need to know that they are loved and prioritized by both parents, even when the parents cannot get along with each other. Abandonment or lack of contact can lead a child to feel confused, frightened, and to wonder whether he or she was the cause of the parent leaving.

Continue Reading ››

 Posted on June 11, 2021 in Divorce

Making the decision to get divorced is never easy. Divorcing parents have to balance a tricky line between honesty, self-advocacy, and doing what is best for the kids – all while managing their household and keeping their career afloat. Add the potential conflict and hostility of divorce, and you've got a complex situation with no perfect solution.

In this blog, we will look at some of the strategies experts recommend for discussing this sensitive subject with children. Be sure to also read our next blog for ways you can protect your children during the divorce proceedings.

Make Sure Your Kids Hear it From You First

During the stages preceding the official divorce filing, parents are often navigating personal differences that result in feelings of anger and hostility. These issues can leak out of the marriage and into the couples' shared social network. Friends may take sides or gossip without knowing little ears are listening in.

Continue Reading ››

 Posted on June 02, 2021 in Divorce

Although divorce is common, it is one of the most difficult life events an individual or family can face. Making the decision to begin divorce proceedings should never be done lightly, and it is normal to feel some uncertainty about moving forward. Fortunately, there are some things you can do to prepare yourself and make the process as painless as possible.

Prioritize Peace

Extensive research shows the traumatic effects of divorce on both children and adults, and most people agree that reducing conflict is imperative during divorce proceedings. Unfortunately, when spouses are in the middle of tense negotiations, it can be difficult to remember that – despite what it seems – divorce proceedings will not last forever.

However, your relationship with your children will far outlast the divorce. This means that your relationship with your future ex-spouse, whether you like it or not, is likely to be a part of your life for the foreseeable future as well.

Continue Reading ››

 Posted on May 28, 2021 in Child Custody

With June just right around the corner, the days have been getting longer and sunnier as summer encroaches upon Illinois. For many people, summer is a time when things begin to slow down which allows you to spend more time with your family. For parents who are divorced or no longer together, however, summer can be a source of stress. The change in pace and in schedules can be nice, but it can also lead to confusion if your parenting plan does not describe your summer parenting schedule in detail. Ensuring your parenting plan contains information about summer vacation can help save you from major stress in the long run.

Preparing Your Summer Parenting Plan

There are various elements that must be included in any parenting plan when it is created. Usually, there is some form of basic summer planning done and included in your parenting plan, but basic terms can leave room for confusion. Depending on when you first entered into your parenting agreement, it may also need to be updated to accommodate your current circumstances. Summer is coming quickly, so now is the time to review your parenting plan. Here are a few things to keep in mind when planning for summer co-parenting:

Continue Reading ››

 Posted on May 26, 2021 in Divorce

Once you have made the decision to get a divorce, the last thing you want a divorce that drags on for months or even years. However, that is the reality for people whose divorce situations are unusual or complex. Some divorces will understandably take longer to complete than others, especially when certain issues are present. A lengthy divorce can take a toll on the couple, their children, and their wallets, but there are things that you can do to speed up the process and help keep your divorce on track.

The Grounds and Waiting Period for Divorce in Illinois

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a couple can only get divorced if, “irreconcilable differences have caused the irretrievable breakdown” of the marriage. Basically, you must show to the court that you and your spouse have differences you cannot settle and that it would not be in the best interests of the family for you and your spouse to continue to be married. If a spouse denies that there are irreconcilable differences, living separately and apart for six months creates an “irrebuttable presumption” of irreconcilable differences. There is no waiting period if you and your spouse both agree to get divorced.

Continue Reading ››

 Posted on May 24, 2021 in Child Custody

Nearly all divorces will involve some degree of disagreement between the couple, however, some divorces involve more disagreement than others. Sometimes, all of that resentment can also affect the way the couple parent their children. Most of the time, couples will set up a co-parenting plan that they will follow after the divorce. However, when parents do not get along with one another very well, co-parenting may be the wrong choice. Co-parenting success depends on both parents being willing to communicate and cooperate with one another to raise their children. In situations where parents are unable to do this, parallel parenting can be more effective and provide an overall more peaceful environment for everyone involved.

What is the Difference Between Co-Parenting and Parallel Parenting?

There is no “one size fits all” solution when it comes to parenting. What may work for some families after a divorce may not work for another family. When it comes to co-parenting, parents usually have to be on somewhat good terms for this parenting style to work. Divorced parents who co-parent are able to attend functions at the same time, help their child transition between households without issue, and solve issues with the other co-parent when needed. Not all parents can do this, which is why some parents may find more success with parallel parenting.

Continue Reading ››

 Posted on May 19, 2021 in Property Division

When any couple gets divorced in Illinois, one of the many issues they will have to address is how property will be divided between the two of them. The property division process can be taxing for many couples, especially if they cannot agree on how the property should be distributed. In some cases, issues can arise when one spouse does not agree with the marital and nonmarital property designations assigned to certain assets. Many couples have expensive and valuable assets, such as the family home, vehicles, and perhaps even a business or professional practice. Determining a correct designation for those assets is crucial to getting a fair distribution of marital property. However, determining what is and is not marital property is not always as clear-cut as you would think.

Determining Commingled Property

In Illinois, only marital property is included in the division process. This means that any property or debts you and/or your spouse acquired during your marriage is fair game, with a few exceptions. Property is considered nonmarital property acquired during the marriage if it was:

Continue Reading ››

 Posted on May 17, 2021 in Divorce

Couples get divorced for a variety of reasons. According to one study, more than half of survey respondents stated that financial problems were the main reason that they decided to divorce. Marriages are often stressed when the couple has financial issues and that stress can carry over to the divorce, too. Your finances can take a toll during divorce, leaving you with a headache to deal with after the divorce is finalized. The best way you can protect yourself from financial disaster during and after your divorce is to make sure you are fully prepared before you go into the process.

Open Individual Accounts

Once you have filed your petition for divorce, all of the assets that you acquire are no longer considered marital property. You should immediately open individual accounts for your checking, savings and potentially even credit card accounts. Having these accounts can help ensure that your own separate property is not commingled with marital property.

Continue Reading ››

 Posted on May 13, 2021 in Divorce

The overwhelming majority of divorce cases end in a settlement. This means that the couple is able to come to an agreement about various divorce issues without having to go to trial. However, court involvement may be necessary if spouses cannot reach an agreement. If the case does end up going to court, the couple will no longer have the final say over the decisions made -- a judge will. The judge will make determinations that are in line with the law, but before they can do that, they have to understand all of the facts of the case. This is typically done by each spouse's attorney presenting evidence, but in some cases, expert witnesses can also be called to the stand to give testimony about certain issues. A consulting expert may provide insight and help your attorney build a strong claim before the case advances to trial.

Property Division Issues

During the property division process, the judge will use a variety of factors to determine how the couple's marital property will be distributed amongst the two of them. These factors include things such as each spouse's income and earning potential, how long the marriage lasted, what the potential tax consequences of distribution may be, and the age and health of each spouse. In order to provide the judge with accurate information, your attorney may put an expert witness on the stand to allow them to give their opinion on your situation. Many times, expert witnesses are forensic accountants or financial analysts who can speak about issues relating to property division, such as asset valuation and developing a basis for the couple's standard of living during the marriage.

Continue Reading ››