Posted on July 08, 2021 in Divorce

A divorce can be a very stressful ordeal, so it is understandable that you want to get it over with as soon as possible. A divorce can take anywhere from a few months to several years to finalize, depending on your individual circumstances. The good news is that you can take steps to accelerate the process. An experienced divorce lawyer can help you explore all of your legal options and choose the course of action that will expedite the divorce process as much as possible.

How to Hasten the Divorce Process

No one wants to go through the divorce process longer than they have to. Here are a few ways to move the process along.

• Educate yourself about the latest divorce laws. Before you even file for divorce, you should learn about the various divorce laws in Illinois. For example, you can ask for a divorce in Illinois if you and your spouse have lived in the state for at least 90 days and been legally separated for at least six months.

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 Posted on June 30, 2021 in Divorce

We love our pets in this country. It is estimated that there are more than 76 million companion pets living in American households. For most of us, our pets are not simply “pets,” but they are part of our family. But what happens when a couple who has one or more furry family members decide to divorce? As a DuPage County divorce attorney can explain, custody of pets can get just as contentious as custody of children in an Illinois divorce.

Illinois Pet Custody Laws

Until a few years ago, Illinois family law judges viewed pets in a divorce as property and treated the decision as to where the pet would live the same way they decided who would get the fine china or ATV. In 2018, lawmakers addressed this issue and changed the Illinois Marriage and Dissolution of Marriage Act (IMDMA) about how judges could address this issue.

The first change in the law was now referring to pets as “companion animals.” Keep in mind, however, companion animals are entirely separate from service animals. If a spouse has a service animal, as defined in the Illinois Human Care for Animals Act, that service animal is not included in the divorce settlement.

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 Posted on June 25, 2021 in Child Custody

In divorce and family law cases involving children, it is usually assumed that both parents will continue to play an active role in their children’s lives. Parents will need to work together to provide for their children’s needs, and as part of their divorce decree or child custody order, they will be required to create a parenting plan. This document will set down all of the decisions that are made about how parents will share custody of their children, and it will be a legally binding court order that they will both be required to follow. By understanding the issues addressed in their parenting plan, parents can ensure that they know their rights and responsibilities toward their children.

Allocation of Parental Responsibilities

Some of the key issues that a parenting plan will address will involve the parents’ responsibilities in making decisions about how their children will be raised. Illinois law specifies that parents may divide or share decision-making responsibilities in the areas of education, healthcare, religion, and extracurricular activities. In many cases, parents will share these responsibilities equally, but depending on the roles that each parent has played when making decisions for their children in the past and the parents’ ability to work together to make these decisions, different areas of responsibility may be allocated solely or primarily to one parent.

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 Posted on June 17, 2021 in Prenuptial Agreements

The majority of couples who decide to get married envision a life together forever. They often imagine having a family, making memories, and growing old together. They may also feel that any discussion about a prenuptial agreement deflates all the romance out of planning their wedding, or they may think that having a prenup means that you do not believe your marriage will last.

The reality is, however, that almost 50 percent of all first marriages end in divorce. That rate is even higher – 60 percent – for second marriages. And if it is your third marriage, national statistics say you have a 73 percent chance the marriage will fail. Prenuptial agreements can make a significant difference if a couple does end up getting a divorce, saving time and money, and avoiding contentious divorce negotiations.

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 Posted on June 10, 2021 in Divorce

When a couple decides to get married, they usually need to plan what type of wedding they will have. Will it be big or small, fancy or simple, expensive or inexpensive? When a couple decides to divorce, there is similar planning that may need to take place. Will the divorce be a costly one, drawn out with lots of disagreements and court hearings or will they be able to keep it fairly simple and inexpensive by working through issues together without the need for litigation?

Financial Issues in Divorce

Getting a divorce is expensive. Not only are there court and attorney fees to contend with, but in many cases, each spouse is going from living in a two-income household to a one-income household. Depending on living arrangements made after the split, at least one of the spouses has moved out of the family home into a new residence and has to purchase new furniture and necessary household items.

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 Posted on May 25, 2021 in Divorce

There is no denying that divorce will have a financial impact on most couples. Even if the divorce is a “friendly” one without disagreements about how the marital estate should be divided, each spouse will still have to adjust to going from a two-income household to a one-income home. Keeping that in mind, there are certain steps you can take to help alleviate some of that financial pressure and ensure you are prepared once the divorce process is complete.

How Much Money Do You and Your Spouse Have?

While this may seem like an obvious question, many spouses do not know the answer to that question, especially if the other spouse is the one who handled all the family finances. Make sure you know exactly how much you have in checking and saving accounts, retirement accounts, and any other financial accounts you have. It is also important to know how much marital debt you have, so find out the balance for any mortgages and equity loans, vehicle loans, credit card bills, etc.

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 Posted on May 18, 2021 in Visitation

Summer is right around the corner and many people are planning their vacations. After a year spent in pandemic lockdowns and away from loved ones, widespread vaccinations and the lifting of COVID-19 regulations in many states means that many families are looking forward to visiting grandparents and traveling to destinations to just have fun again. While children often look forward to these trips, divorced parents sometimes suffer angst over them. The thought of their ex-spouse taking their child to another state – or even another country – can cause a great deal of anxiety, especially if the relationship between the parents is a contentious one.

In most parenting time situations, how one parent chooses to spend their parenting time with their child does not need to be approved by the other parent. However, if a parent wants to take the child out of state or out of the country, the parent is required to let the co-parent know of the plans and provide details about the trip.

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 Posted on May 11, 2021 in Division of Assets

When a couple has decided to divorce, part of that process involves dividing their assets and debts in an equitable manner. As you go through and list the assets you and your spouse have, one asset that you may overlook are any retirement accounts either of you may have. Illinois recognizes retirement funds accumulated during the marriage as marital assets, so they become part of the marital estate and are divisible in the divorce.

Dividing Retirement Accounts

The division of retirement accounts can be complex because of the federal and state laws and regulations that may apply. There is also the issue of ownership of the funds that are in the account. Any funds that were accumulated in a retirement account prior to the couples marriage is considered separate property and does not become part of the divorce settlement. It is only the funds that accumulated while the couple were married that are distributable. This is why it is important to have a skilled Naperville divorce attorney representing you, to ensure your best interests are protected.

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 Posted on May 04, 2021 in Divorce

Ending a marriage is never easy, even when you have decided that it is the best choice for you and your children. No matter the circumstances that brought you to this point, the divorce process is often a painful one and you may find yourself dealing with anger, stress, sadness, and even grief. While you work through the emotional issues of divorce, there are also legal issues that must be dealt with. Having a skilled Naperville divorce attorney looking out for your best interests is crucial during this time.

Choosing Your Divorce Attorney

Once you have made the decision to file for divorce, it is important to discover and understand what all of your legal options are. Some people do consider filing for divorce without an attorney, however, if you and your spouse have children, property, and/or debt, it is best to hire an attorney to handle the divorce for you.

It is also important to hire an attorney who specializes in divorces and other Illinois family law issues. An attorney who does not regularly handle divorce or child custody cases may not recognize certain common divorce or custody issues that could come up in your case and this could result in a negative ruling against you. Attorneys have areas of specialty just like doctors do. You do not want to go to an attorney who usually only handles personal injury cases or estate plans to handle your divorce.

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 Posted on April 28, 2021 in Child Custody

Child custody is comprised of two main components in Illinois. “Parental responsibilities” refers to a parent’s authority to make major decisions about the child. “Parenting time,” which used to be called visitation, is the time that a parent spends with their child. Many parents disagree about the allocation of parental responsibilities and parenting time. In some cases, a child custody evaluation is used to gather information about the situation so that the court can make an informed decision regarding child custody. In these cases, parents will want to do the following:

Cooperate With the Evaluation Process

For some parents, being the subject of a child custody evaluation can feel like their parenting skills are being called into question. Some parents may even feel like their love for their child is being questioned. Understandably, this can lead to strong emotions. It is important to remember that the purpose of a child custody evaluation is to gather information about the child’s best interests. You are not being accused of anything. It is best to cooperate with the child custody evaluator and remain respectful.

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