Posted on May 03, 2022 in Divorce

Collaborative Law is a newer and growing Alternative Dispute Resolution (ADR) model that avoids litigation. Divorce lawyers of both parties agree to resolve divorce issues out of the courtroom. Unlike traditional divorce proceedings, a collaborative divorce removes the litigation battle's emotionally and financially taxing threat. These legal process advocates for an amicable, respectful, and dignified divorce proceeding.

How Collaborative Divorce Law Works

Collaborative law divorce attorneys are specially trained in practicing this type of dispute resolution. The contesting parties must be willing to participate in the collaborative divorce law process. After each party retains a collaborative law lawyer, they voluntarily sign a participation agreement that obligates them to follow the collaborative divorce law procedure. Collaborative law values problem-solving and promotes a fair and thoughtful settlement. Financial experts, a divorce coach, therapists, and other specialists might be hired to help facilitate a satisfying divorce decree.

Continue Reading ››

 Posted on April 26, 2022 in Prenuptial Agreements

Once considered a contract for the wealthy, marital agreements are becoming more commonplace, with couples of all socioeconomic backgrounds retaining prenuptial or postnuptial agreements. Family law and divorce lawyers are adept at executing marital agreements, which are akin to insurance policies. Prenuptial and postnuptial agreements define marital and individual property, offering peace of mind. The benefits of marital agreements far outweigh the emotional awkwardness of preparing the contracts. Negotiating and signing marital agreements is an exercise of due diligence.

Protecting Financial Interests in the Event of Divorce or Death of a Spouse

Some find prenuptial agreements to be unromantic, foreshadowing divorce. However, it is sensible to sign one as they provide assurances of financial security. In the event of divorce or the death of a spouse, prenuptial agreements are cost and time effective. Prenups help the parties circumvent long, expensive court battles in a divorce. Prenuptial agreements give credence to the court to what was and is intended between both parties. They also provide the couple with a reality check and provide an opportunity for spouses to discuss finances before they walk down the aisle. It is prudent for engaged couples to sign one. Prenuptial agreements safeguard individual property, offering:

Continue Reading ››

 Posted on April 20, 2022 in Child Custody

The burgeoning emergence of divorced co-parents with legal disputes about rearing transgender and gender non-conforming youths is controversial and polarizing. When negotiations fail, child custody attorneys can help prove the "best interest of the child" standard. Post-decree modifications can award the legal decision-making authority to one parent. Skilled family law attorneys understand the profound ethical issues involved with transgender children and teens. Transgender youths and their families are sometimes plagued with emotional trauma, and a good family law lawyer will be able to navigate the complexities of these special custody cases.

Avenues that Family Lawyers May Use to Resolve Disagreements About Child-Related Issues

Mediation – Led by a mediator, who is a neutral third-party negotiator, mediation sometimes resolves custody conflicts. Mediation is more cost-effective than the court process of litigation. A good mediator will also be a lawyer who can practice in your county.

Continue Reading ››

 Posted on April 13, 2022 in Child Custody

The turmoil and trauma involved in child custody battles can be severe, but it augments the dispute when one parent is afflicted with addiction. A divorce and family law attorney who understands the complexities of custody challenges will work on behalf of the client and in the child's best interest. Usually, the court appoints a Guardian Ad Litem (GAL) and a Child Representative. Their evaluation will help facilitate the child-custody decree. A dedicated family law attorney will provide dispute resolutions to mitigate the family's emotional stress and financial burdens.

Five Addictions that Trigger Child-Custody Battles

A spouse suffering from addiction can wreak havoc on the child’s emotions and parental relationships. Substance abuse addiction impairs judgment and decision-making and can lead to domestic violence, further endangering the child. The risky behaviors of addicted spouses can significantly impact the court’s decisions in custody battles. Such addictions include, but are not limited to substance abuse, porn addiction, gambling addiction, compulsive shopping, and sex addiction.

Continue Reading ››

 Posted on April 06, 2022 in Divorce

During these unprecedented times, nothing is certain. Divorce is surging in the aftermath of the COVID-19 pandemic. In 2021, the pandemic instigated an increase in divorce, with an uptick of 21 percent from 2020. Along with health anxieties, many other stressors caused couples to contemplate divorce. Almost 10 million Americans lost employment, and parents who could work virtually faced additional challenges of overseeing their children’s remote learning and child care. Confinement with a spouse for several months can also trigger irritability and frustration. Loneliness from the isolation of friends, relatives, coworkers, and social activities affected children and adults alike.

The quarantine exposed underlying marital problems for many spouses, provoking some to rethink their future. A divorce attorney can help facilitate an amicable solution.

Continue Reading ››

 Posted on March 31, 2022 in Divorce

Studies suggest that although the overall divorce rate has stabilized in America, divorce for couples over 50 has continued to rise. Many couples wait to get divorced until their children are adults, and, coupled with other life-changing events like retirement and major illnesses that happen later in life, perhaps these statistics are not surprising.

While divorcing couples with adult children can dodge some complex issues like custody and visitation, they still confront the daunting task of telling their children about the divorce. Adults are still deeply affected by parental divorce, and may feel anger, fear of abandonment, resentment, and more. And because adult children are old enough to understand the implications of divorce and the complexities of relationships, their questions are likely to be more pointed and will require more comprehensive answers than those of a young child. If you are getting divorced in Illinois and have adult children, here are some tips for breaking the news.

Continue Reading ››

 Posted on March 27, 2022 in Uncategorized

Divorce is often a complex process that requires a team of professionals to help spouses plan carefully for issues like child custody arrangements and marital property division. Attorneys, friends and family, therapists, and more can all help a family transition from married life to separate households. One of the most useful professionals that couples often use in divorce is a financial advisor. There are different kinds of financial advisors and the one(s) you want will depend on your unique circumstances - high net worth families may require a team of financial advisers while other families may only want an accountant who specializes in the implications of divorce on a couple’s taxes. Here are some ways that a financial advisor could benefit you in your Illinois divorce.

Splitting Marital Property

Dividing marital assets can be a complicated and difficult process. Assets like real estate, pension plans and retirement accounts, and valuable collectibles can all affect a spouse’s financial position during the divorce and well into the future. A financial advisor can help spouses understand the advantages and disadvantages of different asset division proposals and consider whether they fit into their long-term financial plans.

Continue Reading ››

 Posted on March 16, 2022 in Divorce

High-net-worth couples who are going through a divorce in Illinois face many unique challenges. While some may casually joke about how hard it must be to divorce a wealthy partner, the truth is that valuable assets and investments can significantly complicate a divorce in ways that may surprise even the most financially savvy partners. Even the smallest mistakes can end up having costly consequences, both during the divorce and long into the future. If you are considering a high net worth divorce in Illinois, make sure you have the help of a divorce attorney with experience in complex assets and make sure you avoid these three common mistakes.

Hiding or Manipulating Assets

Wealthy couples have often obtained their net worth through years of hard work, ingenuity, risk-taking, and personal sacrifice. The prospect of giving up or dividing valuable assets in a divorce can be understandably upsetting. However, trying to hide assets or dissemble about their value is a strategy that can seriously backfire. Whether you try to hide money in offshore accounts, gift it to a friend with the expectation that it will be returned, or deliberately fail to disclose ownership, if you are caught, you can be held in contempt of court and end up undermining your own agenda.

Continue Reading ››

 Posted on March 11, 2022 in Divorce

Getting divorced in Illinois presents unique challenges for every couple, but a couple who shares a child with disabilities will need to be prepared to handle common divorce scenarios with a little extra flexibility. Because the needs of a child with a disability are often more complex and demanding, parents will need to adjust their parenting plans accordingly. If you have a special needs child in Illinois and are preparing to get divorced, here are three areas you will need to negotiate.

Parental Responsibilities

Rather than use the term “custody,” Illinois now uses “parental responsibilities” to describe the rights of each parent to make decisions on behalf of a child. Children with special needs often require intensive, regular intervention from parents about essential issues like medical care, school choices, aftercare programs, and more. Parents often make these decisions together during marriage and shared parental responsibilities are common for special needs children following divorce.

Continue Reading ››

 Posted on February 28, 2022 in Divorce

While divorce rates in the United States are notoriously high, at up to an estimated 40 percent, the reasons behind the divorce rates are more complex than initial statistics suggest. Social scientists have long studied the complex human relationships that form love and marital bonds, and while certain factors can contribute to divorce rates (like early marriage or cohabitation before marriage), people who have gotten divorced have directly shared their reasoning as well. Here are six of the most common reasons that people in Illinois get divorced.

Lack of Commitment

While couples will often give different reasons for why they got divorced, lack of commitment is frequently cited by both spouses as the reason the marriage ultimately fell apart. Lack of commitment can manifest in other ways, such as cheating and not being willing to work on the relationship, but many people feel as though the true issue underlying these other problems is a lack of commitment to the marriage itself.

Continue Reading ››