Recent Blog Posts
What is Involved in a Contested Divorce in Illinois?
A divorce can happen for many reasons. Depending on the issues the parties faced that resulted in the irretrievable breakdown of the marriage, your divorce proceeding may be contested or uncontested. A contested divorce means the two parties cannot agree on one or more terms. On the other hand, an uncontested divorce means the couple agrees on all matters.
Some common issues that arise during divorce and that can contribute to the divorce being contested are:
-
Child custody and visitation rights
-
Child support
-
Alimony or spousal support
-
Division of assets and property
The Benefits of Postnuptial Agreements
You may have heard of prenuptial agreements between a couple before marriage, but have you heard of postnuptial agreements? A postnuptial agreement, also known as a post-marital agreement, is a legal document created by couples who are already married.
It outlines the division of assets and liabilities in the event of a divorce or separation. Postnuptial agreements can be created at any time during the marriage and can offer plenty of benefits for couples.
Let’s discuss some of the key benefits of postnuptial agreements, to show you why you may want to consider getting one.
Just remember to always consult an experienced DuPage County family law attorney for guidance on matters of pre- and postnuptial agreements.
Avoid Legal & Financial Disputes
The primary benefit of postnuptial agreements is that they can help couples avoid costly and contentious legal battles in the event of a separation or divorce.
Evaluate Why Your Marriage Ended to Prepare for Divorce
Not all marriages work out, and sometimes irreconcilable differences lead to a partner’s decision to end their marriage. Unfortunately, divorce is extremely common in the state of Illinois.
While there are many reasons why couples may decide to end their marriage, several issues tend to come up again and again in divorce cases. If you are planning to divorce soon, evaluating the reasons your marriage ended can help you prepare for the divorce process.
Infidelity, Adultery, and Cheating
Often cited as one of the most common reasons for divorce, infidelity can be a devastating blow to the other spouse and can cause irreparable damage to the trust and intimacy of the marriage.
Infidelity may also lead to strong feelings of anger, betrayal, and resentment that may be difficult to overcome, even with the help of a support system or marriage counselor. If your marriage is ending because someone cheated, it is may be difficult for you and your spouse to negotiate divorce issues such as property division and the allocation of parental responsibilities. Consider working closely with your divorce lawyer to navigate these issues during divorce.
Things You Need to Know about Parenting Time
If you are going through a separation or divorce in Illinois and you have a child from your marriage, you should consider how a divorce may affect your time with your child.
Parenting time is a core aspect of co-parenting and divorce in Illinois, and it is best to understand the laws and guidelines that surround it.
Of course, you should always consult a Naperville divorce lawyer for legal guidance pertaining to your individual case.
That being said, let’s discuss a few key things you need to know about parenting time in Illinois.
Parenting Time Is Not the Same As Child Custody
Parenting time in Illinois is not the same as custody. The state has replaced the term “child custody” with “parental responsibilities”, which refers to both decision-making authority (related to things like the child’s healthcare, education, etc.) and parenting time.
The Difference Between an Annulment and Divorce in Illinois
The end of a marriage is stressful and an emotional time for all parties involved, and legal matters add complexity to the process. There are two main ways to end a marriage legally in Illinois: an annulment or a divorce. There are significant differences between the two, both in terms of the legal requirements and consequences. Of course, you should always consult a Naperville divorce lawyer or a DuPage County family law attorney for legal guidance pertaining to your individual situation.
What Is an Annulment?
An annulment is a legal process that declares a marriage to be void or invalid. This means that in the eyes of the law, the marriage never existed, and it is erased from the legal system.
To get an annulment in Illinois, you or your attorney must prove that your marriage is invalid based on one of the following grounds:
● Bigamy
● Fraud
Safeguarding Yourself During a Divorce: How to Address the Threat of Domestic Violence
Stressful situations can make people act in ways they would regularly not act in. This is especially true in cases of divorce. However, while it can be rightfully assumed that the average person will be stressed and anxious during a divorce, there are ways to act that are entirely unacceptable, regardless of the situation. A great example of this is domestic violence. Domestic violence is abhorrent and can have severe physical and emotional repercussions.
If you want a divorce but feel threatened by the potential for domestic violence, it is crucial to act swiftly to ensure the safety of yourself and your family. Today, we will discuss how to address the threat of domestic violence during a divorce. To start, consult with a qualified family law attorney who will be able to guide you through the legal process of divorce.
When Can an Illinois Parenting Plan Need to Be Revised?
In Illinois, a parenting plan is a legal document that outlines the rights and responsibilities of each parent after a divorce. However, as circumstances change, it may become necessary to modify the parenting plan to ensure that it continues to meet the children's and parents' needs. Today, we will discuss what situations may arise that call for modifying a parenting plan. For any matters related to changing your parenting plan or your divorce, feel free to contact a divorce attorney to ensure that you and your children's rights are protected throughout the process.
Signs Your Parenting Plan May Need to Be Revised
First, if one parent wants to relocate, this can significantly impact the parenting plan. Suppose the relocation makes it more difficult for the non-relocating parent to exercise their parenting time. In that case, a modification may be necessary to ensure that both parents continue to have a meaningful relationship with the children.
I Am Afraid of How My Divorce Will Affect My Children. What Should I Do?
For a parent getting a divorce, it is natural to feel concerned regarding how the divorce will affect your children. Between the significant change in family dynamics and the cascade of other equally relevant concerns, as a parent, you are likely wondering what steps you can take to help make this time of stress and uncertainty more tolerable, especially for your children. Today, we will discuss how you, as a parent, can help your children accept and understand this new reality. If your marriage is heading for divorce and you want to ensure your and your children’s rights are protected and advocated for, contact an experienced divorce attorney with experience in divorces involving children. Your attorney will be an invaluable asset as you navigate this tumultuous time.
Keep These Things in Mind When You Are Divorcing with Children
If you are getting a divorce and have children, keep these tips in mind as you move through the process:
I Brought Up Divorce and Now My Spouse is Making Threats; What Should I Do?
Bringing up the topic of divorce with your spouse is a challenging conversation to have. Emotions can run very high, and things can escalate quickly if one party starts making threats. Recently, we wrote a blog detailing how you can bring up the topic of divorce with your spouse. Today, we will discuss what you can do if you bring up the subject of divorce and your spouse begins threatening you. If you are considering divorce, contact an attorney who will defend your rights and ensure your best interests are always protected.
What to Do if Your Spouse Starts Making Threats
First and foremost, it is essential to remain cool, calm, and collected. Making threats during a divorce can have serious consequences, including legal ramifications. Threatening your spouse with harm, making financial threats, or threatening to withhold custody of children are all examples of behavior that could be considered abusive and illegal. If your spouse is making threats, it is important to document the behavior. Keep a record of any threatening text messages, emails, or voicemails. This documentation can be used later as evidence if the behavior continues or escalates.
How Should I Bring up the Topic of Divorce with My Spouse?
Bringing up the idea of divorce to your spouse can be among the most daunting tasks imaginable. However, if you have decided to end your marriage, it is important to approach the conversation calmly and thoughtfully. Today, we will be discussing considerations to keep in mind when bringing up the topic of divorce with your spouse. Furthermore, it will be crucial for you to obtain experienced legal counsel for your divorce to help ensure your rights are protected and respected throughout the divorce process.
Tips on Bringing up the Topic of Divorce
The following are tips on bringing up the idea of divorce with your spouse. These tips include the following:
-
Prepare yourself – Before you discuss divorce, it is important to prepare yourself mentally and emotionally. Take the time to consider your reasons for wanting a divorce and think about how you want to communicate those reasons to your spouse. It would be best if you also began considering the practical aspects of divorce, like custody arrangements, property division, and financial support.