Posted on February 02, 2017 in Family Law

When parents divorce, they often wonder how their children will adjust, particularly when it comes to transitioning from living in one home to two. Thankfully, researchers have spent the last several years studying how divorce impacts children, and most find that children adjust best when they have a continued loving relationship with both parents. In fact, a recent study that found children could benefit from an overnight with dad at any age.

Toddlers and Infants Often the Greatest Concern

When still adjusting to the two-home living situation, it is not uncommon for a child to miss one parent while they are at the home of the other. Yet it is younger children - namely toddlers and infants - that parents become most concerned about. Many worry that the young child will struggle too much with switching homes, or that the mother-infant bond will somehow be damaged. The recent study found neither of these to be true, even in situations where the children were extremely young.

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 Posted on January 31, 2017 in Divorce

In divorce, nearly anything you say or do can be used against you. This rule also applies to your social media account. Unfortunately, far too many divorcees do not understand this and end up jeopardizing their case. Avoid making this same mistake by learning how to safely navigate social media during divorce.

No Engagement Means No Evidence

The most effective way to avoid any mining of your social media account is to simply not use it. Do not share photos. Do not post status updates or tweet. Instead, go completely "dark." Archaic as it might seem, and difficult as it might be to consider, it is literally the only way to ensure you do not unintentionally hand your spouse (and their attorney) easy evidence to use against you in court.

If You Must Post - Do So Carefully

Not everyone can stay offline. Some must use social media for their business. Others just cannot find a way to tear themselves away. In such situations, it is critical to ensure you carefully consider every single post. Assume that the worst will be said about everything you share. For example, sharing a photo of you and some friends having a glass of wine at dinner could be turned into accusations over your "heavy drinking" and how you expose your children to "dangerous situations." When in doubt, leave it out of your feed.

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 Posted on January 26, 2017 in Family Law

Most parents want to spend time with their children, even after divorce or separation. This may apply, even if the other parent seems unreliable or uninterested in the child's welfare. Unfortunately, dealing with such a parent can be a stressful situation for both you and your child. Further, any failure on your part to adhere to the parenting plan, or to make an effort to include the other parent, can land you in legal trouble. Protect your child's emotional well-being and your personal welfare when dealing with an unreliable co-parent by using the following co-parenting tips.

Keep the Other Parent Informed

Regardless of whether or not they seem interested in the things happening in your child's day-to-day life, it is important that you keep the unreliable parent informed. This is especially important if something major comes up, such as a move or health condition. Doing so protects you from potential legal consequences, which the unreliable parent may push for if they feel you have somehow slighted them. Unfair as it seems, they do have the right to do so, and they have the right to stay informed about your child (unless their parental rights have been terminated).

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 Posted on January 24, 2017 in Divorce

Divorce is more than just an emotionally complex situation; it is a process that can financially devastate anyone, including those with a high net worth. On one hand, those that have built a fortune could stand to lose more than half of their marital estate. This is because Illinois is considered an equitable distribution state, so assets are distributed "fairly" in divorce, not equally. On the other hand, you could have a spouse that tries to hide or deplete assets to keep a disadvantaged spouse in the dark. Either situation could have a significant impact on the financial future of one or both parties. Reduce your risk of experiencing such a fate and learn how to protect your assets in divorce with help from the following tips.

Collect Documentation and Store it Safely

Regardless of which side of the divorce you are on, it is critical that you gather as much documentation as you possibly can. Search for credit card bills, any information on retirement accounts, bank statements on any joint or individual accounts, and any other financial paperwork you can find. Make copies and then store them in a safe place. Oftentimes, these documents can disappear during divorce proceedings, and that can make for complications in your case. Alternatively, if you are struggling to obtain paperwork, talk to your attorney about doing a Discovery on your marital assets.

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 Posted on January 16, 2017 in Divorce

Divorce can be an expensive undertaking for anyone, but entrepreneurs and business owners are at an especially high risk for financial complications. Thankfully, divorce planning can (and often does) help mitigate this risk. Learn more about how you can effectively prepare for your divorce, and why an experienced divorce lawyer is critical in this process.

The Sooner the Better

Perhaps the most critical thing to know about preparing for divorce is that sooner is almost always better. Time is literally everything. You will need to track your finances, living expenses, and determine the overall value of your assets so you can plan appropriately for your potentially scaled-down lifestyle. The extra time also gives you and your attorney a bit longer to work on developing a strategy. That might mean waiting until the "right" time to file or knowing which assets you should keep and which ones you should sell.

Time can also be used to protect your assets. For example, your attorney will likely advise you to change your passwords, logins, and financial data. They can also help you understand the difference between asset protection and asset hiding/depreciation, which is illegal. Unfortunately, such situations are easy to fall into if you do not understand them - even more so if you happen to be desperate to save a business or your assets.

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 Posted on January 12, 2017 in Divorce

Before a couple's assets can be divided during divorce, every asset, debt, and financial obligation must be valued. Of course, if you are like most divorcees, you will automatically consider the larger things, such as your home, vehicle, businesses and bank accounts. Have you thought of everything, though? The following covers some of the most commonly forgotten assets, and explains how you can ensure you receive an accurate valuation of your marital estate.

Intellectual Property

Artists, inventors, authors, entrepreneurs, and other creative individuals do not typically consider their ideas assets. Yet they can be calculated into the marital estate. This may be especially important for ideas, inventions, or artwork that may increase in value. Unfortunately, determining the actual value of such assets can be difficult. As such, it is critical that divorcees with intellectual property seek experienced legal assistance.

Monies or Property Loaned to Others

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 Posted on January 10, 2017 in Mediation

Though couples do not need an attorney for mediation, many divorcees do choose to secure legal representation through the process. Why might you need one, and what benefits can they offer in your case? The following information explains, and provides you with some key details on how to select the right lawyer for your Illinois divorce mediation.

The Role of an Attorney in Mediation

Unlike litigated divorces, where parties are pitted against one another on opposing sides, those that employ mediation are encouraged to work through their problems using negotiation tactics and compromise. As such, the role of an attorney in mediation is quite different from the more "traditional" role they play during the litigated divorce. Further, the extent of an attorney's involvement during mediation is largely determined by the hiring party.

Some choose only to use an attorney before mediation. In this situation, the lawyer would explain the mediation process to the client. Typically, the attorney will also screen to client to ensure that mediation is a viable option for their situation. The lawyer may also review a list of available mediators to ensure the client finds one that is suitable for their particular case.

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 Posted on January 05, 2017 in Family Law

There are many ways to talk to children about divorce, and no one way is necessary "right." However, there are some things that parents can do to help improve their child's reaction to the conversation. This positive start can also improve a child's overall adjustment during the divorce process. Show your child that your family will survive and use the following considerations when talking to your child about the impending divorce.

Plan Your Conversation Before Anyone Leaves

One of the biggest mistakes parents can make during divorce is not talking to their children prior to the actual split. It can make adjustment even more difficult, and some children may even perceive it as a betrayal of trust. So make sure you take to your children before anyone leaves the home. For younger children, you do not have to give it more than just a few days. School-aged children may need a little longer, possibly a one to three weeks.

Time Your Conversation Carefully

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 Posted on December 29, 2016 in Divorce

Deciding whether or not to file for divorce can be a difficult, confusing, and even painful. This can be especially true for couples that still care about one another, or that have been together for a long time. Yet, even in these situations, divorce can be a positive thing. In fact, some couples who have spent years either unhappy, distant, or simply out-of-touch with one another have found a fresh, new start in life once the divorce is final. So, if you suspect that your marriage might be on the path to divorce, learn how to take that next step, and discover how to ensure your rights and interests are protected throughout the process.

Should You Proceed with Divorce?

Of all the decisions you will have to make, the one over whether or not to divorce is probably the most difficult. After all, you have invested time and energy into your marriage, and it can be difficult to let go. Yet, if you find yourself feeling as though your marriage is the lesser of two evils, are staying together for the children, find yourself on a different path than your spouse, or spend the majority of your time arguing, you may be better off taking the next step.

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 Posted on December 27, 2016 in Domestic Violence

Domestic violence can impact people from any social class, gender, race, or income level. It can also complicate divorces far beyond that of debt and asset distribution, the allocation of parental responsibilities, and child support or alimony determination. It can place the lives of victims and their children in danger. For this reason, it is critical that every domestic violence victim seek experienced legal assistance with their divorce case. The following explains where to find this help, and how it may improve the safety of you and your children during the divorce process.

Safety First - Always Have a Plan

Not all victims know they want to divorce. Some may fear the risk that it could pose to their safety. However, all victims should have a safety plan - one that gives them direction in the event that their life does become endangered while they are with their abuser. This should include knowing where you will go, whom you will call, and where you will stay to ensure your safety. Once you are away, seek support from family, friends, colleagues, and domestic violence advocates. With their help, you may begin to realize that divorce can be an option, even in situations that involve domestic violence.

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