Posted on September 21, 2016 in Mediation

Mediation and other Alternative Dispute Resolutions (ADRs) have made divorce more affordable and less stressful for many families, which is probably why so many couples use them. However, there is an underlying issue with divorce mediation, and it is one that few rarely consider: though mediation can and does work for some divorces, it is not be the right option for everyone. The following information can help you decide whether you should mediate your divorce, or if litigation is the right path for you.

Mediation versus Litigation

Mediation can reduce the level of contention during a divorce, which can have some serious benefits for those with children. Parents, who are encouraged to compromise and consider the best interests of their child above all else, are less apt to fight about custody. That can make for less stressed parents and an easier adjustment for children. Mediation is also often a faster, less expensive method to divorce, which is helpful for those who have a simplified divorce, similar net values, or are willing to split assets fairly because each party still genuinely still cares about the other.

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 Posted on September 19, 2016 in Divorce

Social media has become an integral part of most people's life. They share what they had for dinner, recent photos of their pets, exciting news of a pregnancy or job promotion, and even the loss of a loved one. There is such a thing as oversharing, though, especially when it comes to those who are pursuing a divorce. In fact, anything and everything you post, from now until the divorce has been finalized, could be used against you in court. The following information can help you understand what information might make its way into court, and how you can best protect yourself during the divorce process.

Most Forms of Digital Communication Admissible in Court

The first thing you need to know about your digital content is that most of it - from text messages to Facebook posts to emails - is admissible and able to be used against you. In other words, you will need to safeguard your phone and change all of your passwords. Most of all, be sure to keep your content free of any incriminating evidence that could be used against you or somehow misconstrued to portray you in a negative light during your divorce.

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 Posted on September 14, 2016 in Family Law

Years ago, fathers struggled to receive any form of parental rights. Today, things are different. True, there is still much work to be done, but science and the law have both started to acknowledge the key role that fathers play in the development of their children. No longer considered just the "breadwinner," they are being given more access to their children. This is especially true in Illinois, where recent changes to family law have somewhat balanced the scales.

Studies Highlight Importance of Fathers

In the past few years, researchers have really focused on the impact that fathers have on the lives of their children. Some studies have shown that fathers have more of an influence on language development than mothers. Others have found that children perform better in school when they have caring, present, and attentive dads. There have even been studies that point out the importance of fathers on a child's social and cognitive development. Overall, children interact better with their peers, get into less trouble at home, are more emotionally secure, more confident, and less likely to experience depression when they have healthy relationships with a loving and supportive father.

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 Posted on September 12, 2016 in Child Custody

Although divorce is, at its core, the ending of an adult relationship, it is not just the parents who are affected. In fact, children often experience stress, grief, and even anger during the process. This is understandable, considering their lives are also being turned upside down. Paired with their inability to fully comprehend the reason behind the divorce, they can be at great risk for long-term problems. Thankfully, parents who are intentional, mindful, and empathetic to their child's struggles can minimize the risk of lasting troubles. The following information can help you take this approach in your divorce.

Ripping the Band-Aid Off

Parents often think that, if they stay together for the children, things will be easier. Though they live with the regret of staying in an unhappy marriage, it somehow seems worth it if their children turn out okay. Unfortunately, what a lot of parents do not know is that staying together for the children is rarely a good thing. This is especially true when there is a lot of conflict in the marriage. In fact, studies have indicated that it is stress in a household - not an actual divorce - that negatively affects children. So, despite your reservations, despite any worries you may have, it is often best to simply move forward. You should also move forward with intention, and without delay. The longer you stay, the more damaging the effect on your children may be.

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 Posted on September 07, 2016 in Divorce

Divorce is a complex, painful, and emotionally exhausting process. In fact, many couples who go through a divorce may never marry again, simply because the idea of going through the process again is just too overwhelming. At the very least, those who divorce are more cautious about tying the knot in the future. What happens, though, when you divorce and immediately regret ever doing it in the first place? According to a UK study, this happens to about half of all divorcees. While some may have truly made the wrong decision - maybe out of anger or frustration - most probably only need a bit of perspective.

Understanding Divorce and Regret

According the study, around half of all divorcees experienced some sort of regret after their divorce. More specifically, 54 percent had second thoughts over whether or not they had made the right decision, and 42 percent considered giving their relationship another try. A large percentage of those that wanted to try again did so, but only about 21 percent of those that attempted reconciliation actually ended up staying together for the long haul. So, while there may have been regrets, the majority of couples who did successfully complete a divorce had, in fact, made the right decision.

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 Posted on August 26, 2016 in Divorce

There used to be only two ways to have a child: conceive one naturally or adopt. Modern medicine has changed all of that with the development of in vitro fertilization (IVF). An assisted reproductive technology in which couples cryogenically preserve unfertilized eggs and/or fertilized embryos, this gives them a way to start their family when they are ready or able to do so. Unfortunately, if a couple fertilizes the eggs and then later file for divorce, the fate of their embryos (and possibly even their chance to have a family) may rest with the court.

When Embryos Become an Issue in Divorce

For some couples, the choice to freeze embryos may have been a preemptive measure. Maybe they did not plan on having children for quite some time and simply wanted to ensure they could when they were ready. There are others, however, that may have pinned all their hopes of having a child on those embryos. If, for example, either party was rendered sterile after receiving radiation or chemotherapy to treat cancer, those embryos may contain the only reproductive DNA they have left. So, without those embryos, they are unable to parent a child that is biologically theirs.

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 Posted on August 24, 2016 in Divorce

Divorce rates have been known to rise and fall throughout the year. However, a new study suggests that these occasional increases and decreases may be more than simple coincidence. In fact, a recent study suggests that they may even be seasonal, occurring most often after a holiday period, including summer break and winter holidays. Researchers weighed in on why they think these seasonal divorce trends exist.

Expectations and Hope for a Better Marriage May Play a Role

Over the course of a 14-year study, researchers found that divorce rates generally increased during the months following major holiday periods (early spring after the winter holidays and early fall after the summer break) - sometimes by as much as 30 percent. They suggested a number of possible factors that could contribute to these "seasonal" divorce rates, including the possibility that couples may become hopeful that things will improve during the holidays. When the holiday fails to live up to their expectations, they may become disappointed and decide to move forward with the process of divorce.

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 Posted on August 19, 2016 in Divorce

Whereas most divorcing couples are able to make a clean break, parents who divorce have a child that connects them, even after the papers are finalized. In the child-rearing years, this means a making switches for parenting time, paying or receiving child support, and possibly even bumping into one another during dance recitals or soccer games. When the child becomes an adult, parents must determine how to fund college tuition. Regardless of whether you are currently at this stage in your life, or simply want to plan for the future during your divorce, the following information can help in you deciding how to fund your child's college tuition after divorce.

Tax-Advantaged College Savings Plans

With the rising cost of tuition, more and more parents are planning and saving early. Many use a 529 savings plan because of its tax advantages, which works out fairly well while they are still married. Unfortunately, if they ever divorce, this savings plan is no longer just a nest egg for their child. It is now a marital asset, which makes it a consideration in their divorce settlement. This can lead to all sorts of complications that may range anywhere from a Free Application for Federal Student Aid (FASFA) when applying for tuition assistance to a complete loss of the funds. For this reason, parents need to candidly discuss how they will manage the 529 during the divorce.

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 Posted on August 12, 2016 in Family Law

Wedding season is officially upon us, and couples are in the final stages of planning. They are getting that last fitting done, perfecting the guest list, double-checking with the caterer - but how many are working on a prenuptial agreement? More importantly, should they? After all, prenuptials are just for couples with millions of dollars . . . right?

Prenuptial Agreements Are Not Just for "Rich" People

Despite the stigma surrounding prenuptial agreements, they are not solely for the excessively wealthy. In fact, any couple can craft and execute a prenuptial agreement, and there are many reasons they might want to. If, for example, they have children from a previous marriage, they may want to ensure that their divorce settlement is set aside for them, should their current marriage end in divorce. Alternatively, if one spouse has a high earning potential - say a promising business or career path - but not a lot of money at the start of their marriage, a prenuptial agreement might be appropriate. Then there are those that simply want to define how money will be spent in their marriage, and how assets will be treated, should they ever divorce.

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 Posted on August 11, 2016 in Divorce

Divorce is one of the most contentious, emotionally difficult, and legally complex matters of the law. This is due, in part, to the process known as asset division. These things, being divvied up between you, are not just material possessions. Many have memories attached - a family home where children were raised, summers spent at a vacation cottage, the pearls given as a Christmas gift. How do you decide what to split, what is worth arguing over, and what should simply be sold? The following information, and guidance from our skilled divorce attorneys, can help you forge forward.

When "Winning" Becomes More Important Than the Asset

Before they actually embark on their journey through divorce, many couples think about how the process will play out. They want to believe that, when push comes to shove, they will avoid fighting and, instead, focus on moving forward. Unfortunately, this is rarely the reality. Guilt, anger, rejection, despair, and other negative emotions begin to take over, often causing even the most level-headed people to snap, yell, and argue. Before you know it, you have become more focused on "winning" the divorce than anything else.

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