Posted on January 10,2023 in Spousal Maintenance

Financial matters are often among the most contentious of all the issues that must be resolved during a divorce. Spousal maintenance is a crucial issue in the divorce process that can shape, for better or worse, the future financial lives of the divorcing parties. Spousal maintenance exists to protect someone who makes significantly less money than their spouse. It also exists so that the spouse who earns less can still have a similar standard of living that they enjoyed during their marriage while they become financially self-sufficient. 

Generally, the amount of money and the duration of time for which payments will be made depends heavily on the economic circumstances of the divorcing parties and the length of time they were married. Judges may also order temporary maintenance to help people who require immediate financial assistance. If you are getting a divorce, it is wise to consult with a knowledgeable spousal support and maintenance attorney who will aggressively represent you and your best interests throughout the property division process. 

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 Posted on December 26,2022 in Divorce

A legal separation can be a practicable alternative to disputing spouses who may feel daunted by the permanency of divorce. Some aspects of a legal separation can be conceived as a trial run of a divorce since legally separated parents must adhere to agreements about spousal maintenance, shared benefits, and joint decision-making responsibilities for their children.

Sometimes the immediacy of divorce proceedings can be emotionally traumatic and overwhelming. In contrast, with a legal separation, the couple is provided a measured transition into a divorce which can curtail acrimony. A divorce attorney proficient in Illinois's legal separation laws can help explain a legal separation's advantages and disadvantages and draft a reasonable agreement. 

Advantages of a Legal Separation

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 Posted on December 20,2022 in Visitation

The relationship between a grandparent and a grandchild can be a loving, nurturing, enriching, and positive bond. For various reasons, sometimes one parent or both may restrict or sever the relationship between their child and the grandparent. This estrangement may be detrimental and have a lasting damaging effect on both the grandparent and grandchild. For instance, in the traumatic event of a parent's death, divorce, or incarceration, a grandparent can offer caregiving, stability, and even be a therapeutic source of healing for their grandchildren. 

Unless it is proven that the parent is physically endangering the child, however, a grandparent's visitation rights are limited under Illinois law. Usually, only a parent can determine who can legally have visiting time with their child. A concerned grandparent seeking visitation rights should contact a child custody attorney who can evaluate their case and strategize for a possible harmonious solution.

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 Posted on December 15,2022 in Divorce

Divorce can be difficult, but when splitting, selling, or liquidating a family business, divorce can be all the more emotionally overwhelming, costly, and prolonged. According to the Harvard Business Review, 70 percent of family businesses are either sold or go bankrupt before they can be passed down to a second generation. Even if a family business was inherited, dividing a family business in a divorce typically entails complex asset division as the marital assets could be commingled. If the divorce is acrimonious, for peace of mind, many divorcing spouses would rather sell their stake to one another or sell the business altogether.   

There are circumstances where it may be judicious to maintain and share a family business. For instance, if the divorcing spouses had created the family business together or if the family business is the family's sole income, it might be wise to sustain a professional relationship and carry on with the business. A family law attorney can help recruit professionals to evaluate a family business's worth and strategize for reasonable solutions in the client's best interest. 

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 Posted on December 06,2022 in Child Custody

Divorced parents who observe different religions and share parenting time are usually permitted to raise their children in their preferred faith simultaneously. Infringing upon a parent's religious freedom is illegal. Still, disputes can arise, especially if one parent is more devout than the other or if the parents have different religious beliefs. If a conflict between the two parents occurs, there can be mitigating factors court use to align with one parent's wishes.  

Raising a child with religion can entail a myriad of conventions, such as dietary restrictions, weekly sabbath observance, holiday traditions, and religious education. A family law attorney who understands the sensitive nature of religion can negotiate and create an appropriate parenting plan that stipulates the tenets of the child's religious upbringing. Additionally, a family law attorney can enforce the parenting plan or draft a modification to the parenting plan. 

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 Posted on December 06,2022 in Child Custody

Divorced parents who observe different religions and share parenting time are usually permitted to raise their children in their preferred faith simultaneously. Infringing upon a parent's religious freedom is illegal. Still, disputes can arise, especially if one parent is more devout than the other or if the parents have different religious beliefs. If a conflict between the two parents occurs, there can be mitigating factors court use to align with one parent's wishes.  

Raising a child with religion can entail a myriad of conventions, such as dietary restrictions, weekly sabbath observance, holiday traditions, and religious education. A family law attorney who understands the sensitive nature of religion can negotiate and create an appropriate parenting plan that stipulates the tenets of the child's religious upbringing. Additionally, a family law attorney can enforce the parenting plan or draft a modification to the parenting plan. 

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 Posted on November 23,2022 in Divorce

Hiding assets is a maneuver sometimes employed by a spouse engaged in a divorce, especially a contentious and complex high-net-worth one. Asset tracing is valuable property identification that a divorcing spouse wishes to uncover from the offending spouse. Concealing assets, like income, debt, and property, during divorce proceedings is illegal. Still, this deception is commonplace and usually infringes on the non-contributing spouse.

According to the National Endowment for Financial Education, 31 percent of married couples have deceived their spouse about finances and property. An average of 58 percent hid money, 54 percent hid a purchase, and 30 percent hid financial statements or bills from their spouse.  An average of 34 percent surveyed have lied to their spouse about their income. A divorce attorney proficient at tracing assets can uncover hidden assets and help procure an equitable settlement. 

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 Posted on November 17,2022 in Child Custody

Parents can naturally be filled with worry when their teenager starts to drive. From car accidents to carjackings, fearing for your teen's safety and the safety of their passengers can cause contention among divorced spouses. Inexperienced and distracted driving accounts for most car accidents. According to Kelley Blue Book, an automotive research company, more than 2,350 teens were killed in car accidents in 2019, accounting for 7 percent of all car crash fatalities. The majority of teen car crash deaths occur within six months after the teen secures a driver's license.

Sometimes the reality of your child eventually driving is not even contemplated during divorce proceedings. Parents may include whatever decisions they deem necessary in their parenting plan. To reduce the chances of conflict later in your co-parenting relationship, it may be a good idea to specify how and when your teenager will get his or her license and begin driving. 

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 Posted on November 15,2022 in Child Custody

Child custody disputes can sometimes mirror our current political climate, which is contentious, divisive, and turbulent. These disputes can become even more impassioned if the divorcing parents hold opposing political beliefs. Sometimes a parent may feel the other parent is indoctrinating their child with their own beliefs while vilifying the other parent because of their political views. Depending on the child’s age, a parent’s hostile political discourse can negatively impact the child’s relationship with the other parent and other family members and friends with opposing views. The argumentative and uncompromising political dissent can even impair the child’s conflict resolution skills.  

A child custody attorney adept at negotiation can help you create a cohesive parenting plan that describes each parent’s allocation of parenting time and parental responsibilities and addresses other important issues. Modifying a parenting plan is another feasible approach to promoting unity. 

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 Posted on November 04,2022 in Child Custody

International travel is an exciting opportunity for anyone, especially a minor. The mind-expanding educational benefits offered by traveling abroad can be enriching and life-changing. A divorced parent may want to take their child on an international vacation to expose them to another culture, build memories, or even visit relatives. For a myriad of reasons, however, a parent may legally object to their ex-spouse from taking their child on an international trip. A child custody attorney proficient in parental responsibilities and parenting time can evaluate the terms of the divorce decree and strategize in resolving travel disputes. 

Five Common Reasons a Parent May Contest Child’s Travel Plans

The disputing parent may deny consent to an overseas trip out of genuine worry for the child’s safety and security. Sometimes, however, the disputing parent objects to their ex-spouse indulging their child on an international trip out of spite and envy. Depending on the conditions of the parenting plan, a contesting spouse may have no recourse but to grant permission. The following are common reasons a parent would object to an overseas vacation.  

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