Posted on April 21, 2021 in Mediation and Collaborative Law

Getting divorced involves much more than deciding not to be married anymore. Most divorcing couples will need to address several issues before they can finalize their divorce and officially end their marriage. Spouses will need to decide how to divide their jointly held property and debts. Parents must create a parenting plan that describes the parenting time schedule and other important child-related concerns. Some couples will need to address spousal maintenance or alimony. One option for reaching an agreement about divorce issues such as these is family law mediation.

Advantages of Using Mediation to Resolve Your Divorce

Some couples voluntarily attend family law mediation to discuss divorce issues. Other couples are required to attend mediation by the court. During mediation, the mediator helps the couple negotiate the unresolved divorce issues and find common ground. The mediator uses his or her dispute resolution skills to deescalate emotional conversations and help the couple discuss difficult topics calmly and productively. The mediator’s ultimate goal is to help the couple reach a mutually beneficial agreement on the terms of their divorce so that they can avoid taking the case to litigation.

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 Posted on April 14, 2021 in Family Law

A prenuptial agreement is a contract that spouses sign before getting married that describes property rights, differentiates marital property from separate property, and defines a spouse’s entitlement to spousal maintenance or alimony. Most adults are familiar with prenuptial agreements. However, fewer are familiar with the benefits offered by postnuptial agreements. If you are already married, a postnuptial agreement or “postnup” can provide you with the opportunity to gain the legal protections offered by a prenuptial agreement.

Provisions Typically Included in an Illinois Postnuptial Agreement

The issues addressed in a postnuptial agreement are often similar to those addressed in a prenuptial agreement. The main difference is that a postnuptial agreement is signed after the couple is married. Postnuptial agreements typically address:

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 Posted on April 07, 2021 in Divorce

When a couple decides to divorce, they do not simply agree to end their marriage and walk away. They must address various legal issues, including asset and debt division, child custody, spousal support, and child support. These issues often become contentious. If spouses disagree on the terms of the divorce and cannot reach an agreement via alternative dispute resolution methods like mediation, the case may go to litigation. If you are planning to divorce, and you suspect that disagreements will arise, it is important to know what is involved in divorce litigation.

Resolving Divorce Issues Through the Court

Divorce dissolves a legal partnership, so every divorce involves a certain amount of court involvement. If a couple can reach an agreement on how to divide their property, assign parental responsibilities and parenting time, and resolve other divorce-related issues, the court involvement may be minimal. The couple must submit their agreements to the court and, unless there are major issues or the agreements are unconscionable, the court will approve the agreements. These agreements then become legally binding.

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 Posted on March 24, 2021 in Child Custody

Children are not capable of advocating for themselves the way that adults can. Whenever children are involved in a legal dispute, courts are very concerned with how possible resolutions will affect the children’s well-being. Illinois courts make decisions about child custody, adoption, parental rights, and other child-related issues based on what is in the child’s best interests. To determine what is in the child’s best interests, the court may assign a guardian ad litem (GAL).

The Aim of a Guardian Ad Litem

A GAL is often an attorney, but some GALs are social workers or other types of professionals. The GAL’s job is to investigate the case, gather information about the parents’ relationships with their child, and use this information to make a recommendation to the court about what is in the child’s best interests. The court does not have to follow the GAL’s recommendations, but their opinion does carry substantial weight. GALs are neutral third parties who do not choose one person’s side or represent one of the parties in the dispute. The GAL represents the child’s best interests. Either party in the dispute may request a GAL, or a GAL may be assigned to the case if a judge deems it necessary.

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 Posted on March 17, 2021 in Prenuptial Agreements

Prenuptial agreements are valuable legal tools that can serve a variety of purposes. Unfortunately, many people misunderstand what a prenuptial agreement is and why a spouse would ever want to sign a “prenup.” Some even believe that signing a prenuptial agreement means that a person thinks their marriage is doomed to fail. Fortunately, the misinformation and myths about prenuptial agreements are slowly being replaced by more educated opinions. Research shows that prenuptial agreements are becoming increasingly popular – especially among younger couples. If you are interested in drafting a prenuptial agreement before tying the knot, consider the following tips for bringing up the idea to your partner.

Start Slowly and Do Not Pressure Your Spouse Into an Immediate Answer

If you want to get a prenuptial agreement, but you do not know whether your partner agrees, you may be unsure of how to broach the subject. One tip is to make the conversation as low-pressure and friendly as possible. Pressuring your partner into signing a prenuptial agreement is not only a great way to start an argument, but it may also lead to accusations of coercion, which may cause the document to be invalid.

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 Posted on March 10, 2021 in Division of Assets

Thanks to the COVID-19 pandemic, online shopping is more popular than ever. Shoppers can purchase thousands of dollars of new items with a just few clicks - all from the comfort of their own home. Unfortunately, online shopping can sometimes develop into a full-blown addiction. Studies show that approximately 5-8 percent of Americans suffer from compulsive shopping or shopping addiction. If your spouse is a compulsive shopper, it is essential that you take steps to protect yourself and your finances during divorce.

Shopping Addiction Can Lead to Severe Financial Consequences

When most people hear the terms “addiction” or “addict,” they think of substance abuse or alcoholism. However, shopping addiction is a very real phenomenon that can have devastating implications. Individuals struggling with shopping addiction or compulsive buying disorder often recognize that they are spending much more than they can afford, but they are unable to stop the behavior. They may max out credit cards, sell items of great financial or sentimental value, or even resort to shoplifting to fulfill the compulsion. The financial and personal consequences of shopping addiction can be dramatic.

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 Posted on March 03, 2021 in Child Custody

If you are a parent who is unmarried or getting divorced, you and your child’s other parent will need to determine a child custody arrangement. If you are unable to agree upon child custody terms, the court may intervene and decide for you. Parents have a legal right to spend time with their child and to be involved in major child-related decisions. However, a parent’s rights may be restricted by the court if doing so is in the child’s best interests.

There is a Rebuttable Presumption That Parents Are Fit

The term “fit” is used to describe parents who are willing and capable of providing for their child’s needs and keeping their child safe. Illinois courts assume that parents are fit unless there is sufficient evidence to the contrary. The top priority in any child custody dispute is the child’s safety and well-being. Per Illinois law, Illinois courts can restrict a parent’s child-related rights and authority if the parent has acted in a way that endangered the child or significantly harmed the child’s emotional development.

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 Posted on February 24, 2021 in Division of Assets

Owning your own business can be a rewarding career choice. However, being a business owner can significantly complicate the division of assets during divorce. If you or your spouse own a business, and you want to end your marriage, it is essential that you understand how business ownership is dealt with in an Illinois divorce. An attorney experienced in handling complex divorce cases can provide personalized guidance about your rights and responsibilities regarding business ownership.

Is the Business Considered Marital Property or Non-Marital Property?

When a couple marries, their property and debt usually becomes intermixed. Determining which assets and liabilities belong to the marital estate and which are owned by an individual spouse is often quite complicated. As a general rule, property, including businesses, acquired before the marriage are classified as non-marital property. The spouse who originally owned the asset retains the rights to that asset during divorce. Both spouses have a right to property obtained during the marriage. A non-marital business can become marital property if marital funds were used to finance the business. A business can also become part of the marital estate if the non-owner spouse contributed to the business’s growth or success.

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 Posted on February 17, 2021 in Divorce

Going through a divorce is likely to be one of the most difficult things you ever do. Fortunately, divorce is also an opportunity to start anew and build a better future. There are several things that you can do now to make the divorce process go more smoothly. If you are planning for divorce, these actions will not ensure a pain-free divorce; however, they may help you avoid mistakes that can make the divorce process more difficult than it needs to be.

Tips for Planning for Divorce

If you are planning to end your marriage, but you have not yet filed for divorce, there are many things you can do now to help prevent unnecessary stress and complications. Hiring an attorney who is experienced in handling the divorce issues you will likely encounter is one of the best first steps that you can take. Additionally, it may be a good idea to:

• Take stock of your financial situation. Gather financial documents such as tax returns, bank statements, retirement account statements, and loan documents. Assess the assets and liabilities you and your spouse currently own.

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 Posted on February 10, 2021 in Spousal Maintenance

Alimony refers to financial support that a spouse pays to a financially-dependent spouse after the couple’s divorce. These payments, which are referred to as “spousal maintenance” in Illinois law, are typically awarded when there is a major disparity in income between the spouses. Many spouses require financial support in the form of alimony because they gave up career advancements in favor of homemaking or child-rearing responsibilities. The purpose of spousal maintenance is to place both spouses in financial circumstances similar to what they enjoyed while they were married after they get divorced.

Alimony May Be Temporary, Permanent, or Rehabilitative

Divorce cases can take multiple months or even several years to complete. Some spouses request temporary alimony while the divorce is ongoing. Temporary alimony typically terminates when the divorce is finalized and the spouses become subject to the terms of the final divorce decree.

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