Posted on April 01, 2016 in Mediation

Whether you are just now becoming acquainted with the term mediation as you enter the divorce process or you have heard stories about it from family or friends, there is one thing you should know: mediation can be a productive, effective tool for problem resolution. Not everyone agrees on everything when filing for a divorce, and the primary purpose of mediation in family law is to allow both parties a platform in which they can present their thoughts, requests, and concerns before a professional in order to establish fair, mutual agreements.

Compromise

Mediation is all about negotiation. Whether you and your spouse disagree on parenting time (visitation) or who will be responsible for a certain debt, a Mediator's goal is to help you both reach some sort of compromise through civil, clearly communicated negotiations. You and your spouse will discuss any disagreements with a mediator until you reach an agreement, and then submit that an agreement to a judge. Should you still be unable to agree on certain issues, the judge can choose to send you back to mediation until you have worked out a resolution.

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 Posted on March 22, 2016 in Divorce

One of the most complicated parts of a divorce can be trying to understand all of the different tax consequences a given course of action could cause. You need a knowledgeable lawyer on your side to help you make informed decisions that could impact your finances and your tax bill for years to come.

Do You File Jointly or Separately?

If you are in the middle of a divorce, then you and your spouse need to decide the best way to file taxes. If you were still legally married through December 31 of the most recent tax year, filing a joint tax return may be most beneficial. However, you should discuss the issue with your lawyer or tax professional.

What About a Refund?

Tax refunds are technically marital property in most situations. This means that the two of you will need to come to an agreement on how to split the refund or deposit the refund in a trust account until the court has decided how the refund should be divided.

Unallocated Payments

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 Posted on March 17, 2016 in Mediation

Not every family law case has to be resolved by a judge. Even cases where the two sides are far apart can sometimes be settled through mediation. Mediation gives both sides more control over the outcome of their case and also allows the disagreement to be resolved efficiently and with sensitivity. However, to have the best chance at a successful mediation, you must be prepared.

Understanding Your Case

Before you can get what you are hoping for out of mediation, you need to understand the strengths and weaknesses of your case. With the help of your lawyer you can develop a strategy that highlights the strengths of your case and downplays any weaknesses. While mediation is about building consensus, it is also about helping both sides know where they stand if the case should go to trial.

Having Realistic Goals

You need to have realistic expectations of mediation. You are not likely to get everything you want out of mediation. You also are not likely to get everything you want at trial. You need to have a frank conversation with your lawyer about what is important to you. Your lawyer can help you determine what is a reasonable expectation given the facts of your case.

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 Posted on March 15, 2016 in Family Law

Feeling disappointed and angry due to the decision of a family law judge is a common reaction. Family law cases are complex and it is difficult to strike a balance between the two sides. Moreover, many people's initial reactions are to file an appeal. However, before you decide to spend the time, effort, and money on an appeal, you need to get the answers to a few questions.

Is Your Case a Good Candidate for an Appeal?

Simply not liking the results of a family law case is not a reason to file an appeal. There must be some type of legal error that affected the outcome of your case. For example, if the judge abused his or her discretion, then you may have grounds for an appeal. Appellate courts start with the presumption, in most instances, that the judge in your case made the right decision. It can be difficult to demonstrate that the judge made an error and that the error was not harmless. Still, even having a legal reason to file an appeal is not enough. You should not file an appeal unless your lawyer believes you have a chance at winning.

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 Posted on March 11, 2016 in Divorce

Divorce, like other stressful situations, sometimes brings out the worst in people. However, if you are in a high-conflict divorce, knowing how to handle hostile communications from your spouse can be difficult. Developing a strategy to manage communications with your spouse can help to improve your mental health, provide more stability for your children, and may even help you have a better outcome in your divorce.

Responding Without Escalating

One of the negative consequences of having access to communications technology is that it is easy to send a nasty email, text, or social media message-all without taking the time to think about the consequences. Moreover, when you receive a distasteful message from your spouse, your initial reaction may be to lash out. However, responding with anger often leads to a series of hurtful messages back and forth-messages which may cause a further breakdown in communications and make any issues harder to resolve.

Not every message needs a response. If your spouse sends you a series of personal attacks, your best strategy is to simply ignore the messages and remind yourself that this is one of the reasons why you are getting divorced.

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 Posted on March 08, 2016 in Divorce

Filing for a divorce should not be a spontaneous decision-a divorce can affect the rest of your life. Therefore, it is important that you make the appropriate preparations before you file paperwork with the court.

When you take the time to first consult with a lawyer you will better understand what to expect and will have the best chance at a favorable outcome.

Understanding the Different Issues

The four main issues in a divorce are:

• Allocation of Parental Rights (Custody);
• Division of Marital Property;
• Child Support; and
• Spousal Maintenance (Alimony).

You will need to plan the best way to handle each of these areas. Some areas may be more complicated than others. If you have a business or significant assets, you may need more extensive planning when it comes to the division of the property than someone whose only asset is the family home.

Formulating a Strategy

Together with your lawyer, you can develop a strategy for approaching the divorce. This strategy will include what to ask for, if experts will be needed, how to best protect your assets, and what evidence you will want to have ready early on in the case.

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 Posted on March 04, 2016 in Divorce

The distribution of marital property is a key issue that comes up in divorce proceedings. Illinois is an "equitable distribution" state, which means marital property is not necessarily divided in half, but rather in a way that is "fair and equitable."

The first step in determining which party is responsible for paying off debt is to determine whether the debt is marital or non-marital. Marital debt is debt acquired by the parties during the course of the marriage. This debt includes but is not limited to residential mortgages, car loans, and credit card debt. It does not matter whose name is on the debt. However, the important distinction is what the debt was used for, and whether it benefitted the marital estate.

Student Loan Debt and Marital Assets

Many people today find themselves owing significant amounts in student loan debt. Whether or not this is considered marital debt depends on the circumstances surrounding the loan. If the loan was solely used for tuition related expenses, there is a stronger argument for non-marital debt. If it was used for the living expenses of both parties, it could be considered marital debt.

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 Posted on March 01, 2016 in Child Custody

Once a court has entered an order for the allocation of parental responsibilities, that order controls what parents are allowed to do. However, some circumstances may not be specifically addressed by the order. One common issue parents face is wanting to take a child out of the state for a short trip.

Do Both Parents Agree?

If the order itself does not address taking the child out of state for a short trip or vacation, you will need the permission of the other parent. If you fail to tell the other parent that you are taking the child out of state, or you do so even if he or she objects, you could then potentially face criminal charges. You may also give the other parent a reason to seek a modification to limit your parenting time.

Leaving the Country

Leaving Illinois is one thing, but taking your child out of the country is often more complicated. Many countries will not allow one parent and a child to enter unless the parent can show:

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 Posted on February 24, 2016 in Family Law

All too often, the breakdown of a marriage occurs because of behavior by one spouse that the other spouse deems as unacceptable. The behavior or activity that is taking place may be behavior of which the other spouse was unaware. This is often the case when a spouse is arrested for criminal activity, such as white collar crimes or sexual offenses. The other spouse may find the charges so reprehensible that he or she decides to immediately file for divorce. However, questions are then raised with regard to the money the accused spouse may need for legal fees and fines, and how those funds affect the division of the marital estate.

How Criminal Activity Impacts the Marital Estate

Last year, a spokesperson for a national restaurant chain was arrested and charged with receiving child pornography and traveling over state lines to pay for sex with underage children. On the same day he was arrested, his wife filed for divorce and cited "an irretrievable breakdown of the marriage" that she linked directly to the charges for which the husband was arrested.

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 Posted on February 22, 2016 in Child Custody

In your family law case, you and your child's other parent will be expected to complete and submit a temporary parenting plan to the court. The parenting plan will often affect your life and the life of your family on a day-to-day basis.

The Judge Wants Parents to Agree

Judges want parents to agree on a parenting plan. The reason that a family law case starts out with both sides submitting a temporary parenting plan is because judges understand that children need stability. The faster parents can come to an agreement on at least a temporary plan, the smoother life will usually go for the children.

However, if you and the other parent cannot agree on a temporary plan, then you will have to go through mediation to try and work out a plan. A judge does not want have to impose a parenting plan on the parties because judges understand these plans often create more conflict between the two parents.

Parents Can be Creative With Their Parenting Plan

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