Posted on January 13, 2020 in Divorce

Just as no two marriages are the same, no two divorces are the same. There are several different paths that a person getting divorced in Illinois may choose to pursue. Some couples are able to work out the terms of their divorce on their own. Others require help from a qualified mediator to come to an agreement about property division, child custody, and other divorce-related issues. Collaborative law offers yet another option for couples ending their marriage. In some situations, especially those involving spouses with a high net worth, a divorce case may require courtroom litigation. Here are some situations in which a divorce may need to be resolved in court:

Cases Involving Financial Fraud

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 Posted on January 09, 2020 in Divorce

Being cheated on by your spouse can be heartbreaking. Not only do you have to deal with the sadness and anger caused by the betrayal, but you may also have to deal with the financial consequences of your spouse’s infidelity. If you are getting divorced, and your spouse has been unfaithful to you, you should know about a legal concept called “dissipation of assets.” Through a dissipation claim, you may be able to receive compensation for marital assets that were spent on an affair during the end of your marriage.

Defining Dissipation in Illinois

The Illinois Supreme Court has identified dissipation as the use of marital assets for a purpose unrelated to the marriage and that only benefits one spouse. Assets may be dissipated, or wasted, through an affair, gambling addiction, substance abuse problem, intentional destruction of property, or other means. However, in order to be considered dissipation, the wasting of assets must have taken place during or after the “irretrievable breakdown” of the marriage. A marriage is generally considered to be undergoing a breakdown if the spouses are not living together, spending free time together, having marital relations, or have decided to divorce.

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 Posted on January 06, 2020 in Child Custody

Many people use the start of a calendar year to make New Year’s resolutions. If you are a divorcing or unmarried parent, you may wish to make a resolution related to more effective co-parenting. Raising a child with someone who you used to date or be married to can be extremely complicated. It can be nearly impossible to keep personal feelings toward the other parent separate from parenting issues. However, studies show that children can be deeply affected by parental arguments and tension. Finding a way to work with your child’s other parent instead of against him or her will benefit both you and your child in a multitude of ways.

Keep Conversations Brief, Respectful, and Child-Focused

One of the best ways to avoid adding additional stress or complications to the already difficult process of co-parenting with an ex is to communicate effectively and respectfully. Keep conversations focused on your child and resist the temptation to discuss issues related to why your relationship ended or other personal matters. Do not criticize the other parent or use profanity. Even if the other parent chooses to disrespect you, do your best to take the high road and remain calm. Many parents find that communicating through email or text messages helps reduce the risk of arguments, but you should find the communication strategy that works best for your unique situation.

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 Posted on December 27, 2019 in Divorce

Adoption gives a child without a family the wonderful gift of loving parents. Adopting a child can be one of the most rewarding decisions a person can make. There are many different avenues that a potential parent can take to adopt a child. If you are considering adoption, read on to learn about the four main types of adoption available in Illinois and the advantages and disadvantages of each. Often, the adoption process can be very complicated, so it is important to work with a family law attorney who has experience helping families make their dream of adopting a child a reality.

International Adoption

When a family adopts a child who was born outside of the United States, this is called an international adoption. Internationally adopted children are typically orphans who do not have a family to call their own. This means that you would be giving a child in desperate need of parents the love and attention all children deserve. It also means that the birth mother cannot change her mind, which can happen with other types of adoption. The international adoption process can be expensive and time-consuming. There may also be difficulties caused by the distance and possible language barrier associated with international adoption.

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 Posted on December 23, 2019 in Divorce

There is no doubt that social media can have a huge impact on divorce proceedings and family law matters. Although you may not realize it, the things you post on social media can be admissible as evidence in court. If you are getting divorced, you should know that the messages, photographs, and other information you are sharing online may be scrutinized and potentially used against you.

Proceed With Caution When Using Social Media During Child Custody Disputes

If you and your spouse disagree about the allocation of parental responsibilities and parenting time, you should be especially cautious about what you post on social media. When Illinois courts are considering what type of parenting arrangement is in a child’s best interests, they will consider a wide range of factors listed in the Illinois Marriage and Dissolution of Marriage Act, including the child’s relationship with his or her parents, the parents’ physical and mental health, and more. One factor that often gets overlooked is “the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.” If you make disparaging comments about your spouse, it could be construed as an unwillingness to encourage a good relationship between your child and his or her other parent.

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 Posted on December 20, 2019 in Divorce

In previous blogs, we have discussed the many advantages of divorce mediation. Mediation is an alternative dispute resolution method that is much less stressful and expensive than court litigation. When a couple disagrees about child custody, spousal maintenance, or other terms of their divorce, mediation can help them reach an agreement that works for both parties. However, mediation is not right for every divorcing couple. A qualified divorce attorney can help you decide whether or not mediation will be in your best interests while working to protect your rights throughout the divorce process.

Marriages Involving Domestic Violence or Abuse

The main element of any abusive relationship is an imbalance of power. An abusive spouse may use physical violence, threats of harm, intimidation, gaslighting, and other tactics to maintain power and control over his or her victim. It is important to note that domestic violence does not only include physical abuse. It can also involve financial abuse, emotional or verbal abuse, and sexual abuse. If a person is leaving an abusive marriage, divorce mediation is rarely recommended, because the imbalance of power makes a cooperative mediation process virtually impossible.

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 Posted on December 18, 2019 in Divorce

Although any divorce can be difficult, parents who choose to end their marriage may face a variety of challenges. Children with divorcing parents may experience a great deal of stress and anxiety as they struggle to understand why their parents are splitting up and how to cope with the changes. They may worry that the end of their parents’ marriage was somehow their fault or feel like they have to choose sides. In some divorce cases involving children, a special attorney called a guardian ad litem (GAL) is appointed to help address child-related issues. If you are planning to divorce, a guardian ad litem may be essential in making sure that the terms of your divorce are in your child’s best interests.

When Is a Guardian Ad Litem Appointed in a Divorce Case?

When a person involved in a legal proceeding such as a divorce cannot represent themselves, a guardian ad litem may be appointed to look out for his or her well-being. Most often, a GAL is appointed to help determine the best possible situation for a child whose parents are divorcing. Guardians ad litem are often appointed in divorce cases involving domestic abuse, child custody disputes regarding the allocation of parental responsibilities and parenting time, and disagreements regarding child support. 

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 Posted on December 17, 2019 in Divorce

In July of 2017, Illinois enacted major changes to the way child support is calculated. Previous to this change, child support obligations were calculated by applying a percentage based on the number of children requiring support to the obligor parent’s income. For example, if you had one child, you would pay 20 percent of your net income in child support, and if you had two children, you would pay 28 percent of your income. Some parents are still subject to child support orders created under the old law, but any new child support arrangements will be calculated using the “Income Shares” method. Illinois child support orders now take both parents’ net incomes and amount of parenting time into consideration. If you are a parent who has children with more than one person, you may wonder how the court will determine a child support arrangement that is achievable with regard to your financial resources while still providing for all of your children’s needs.

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 Posted on December 11, 2019 in Divorce

An order of protection is sometimes called a protective order or restraining order. Victims of abuse, stalking, harassment, or domestic violence may request a restraining order to protect themselves from their abuser. There are three main types of orders of protection in Illinois: an emergency order of protection, interim order of protection, and plenary order of protection. An emergency order of protection can be used when a person needs immediate protection from an abusive spouse, ex-spouse, family member, or another person who may harm him or her.  

What Can an Emergency Order of Protection Do for Me?

An emergency order of protection (EOP) is a court order that will prohibit an abusive person from further abusing you, your minor child, a disabled adult, and even your pets. The specific provisions contained in an EOP vary depending on your particular needs. The EOP may require the abuser to refrain from contacting you and to stay a certain distance away from you, your children, or your workplace, children’s school, or home. If the abuser violates the order, you can call the police and have that person arrested.

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 Posted on December 10, 2019 in Divorce

The end of a marriage is rarely without conflict, but some divorces involve more contention than others. If divorcing spouses cannot reach an agreement about issues such as asset division, child custody, child support, and spousal maintenance, the court will need to intervene. Courtroom litigation is typically more expensive, time-consuming, and stressful than alternative means of resolution like mediation and collaborative divorce. When spouses are able to put their resentments aside and work cooperatively to resolve divorce issues, they will likely save a great deal of time and money. Read on to learn about two alternative dispute resolution methods available to spouses getting divorced in Illinois.

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