Posted on January 31,2019 in Mediation and Collaborative Law

Mediation is one method of divorce negotiation which can save a tremendous amount of time and expense as compared to divorce litigation. When a couple chooses to end their marriage, there are often unresolved issues of property, child custody, or spousal support/maintenance. Divorcing individuals who cannot come to an agreement about these issues may require court intervention. This can be an expensive and time-consuming process.

One alternative to litigation is divorce mediation. During the mediation process, a divorcing couple meets with a mediator who acts as a neutral third party facilitator. The purpose of the mediator is not to make decisions for the couple but, instead, to help the couple discuss issues civilly and productively. If you are considering ending your marriage in Illinois, read on to learn how mediation can help you and your spouse reach a divorce settlement that is fair and reasonable for everyone involved.

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 Posted on January 22,2019 in Prenuptial Agreements

If you and your significant other are considering tying the knot, you may have thought about signing a prenuptial agreement, or “prenup.” A prenup is a legal contract that lists each party’s property and debts and identifies what each party's property rights will be if the marriage ends. Prenuptial agreements, also called premarital agreements, have unfortunately gotten a bad reputation due to television and outrageous celebrity weddings. Prenuptial agreements can offer a wide range of protections for spouses and can help a couple better prepare for a happy and successful marriage.

Myth 1: Signing a Prenuptial Agreement Means You Plan to Divorce

Perhaps the biggest reason many couples do not consider signing a prenuptial agreement before getting married is because the document is so closely associated with divorce. While it is true that a prenuptial agreement can be extremely beneficial in the event of divorce, signing a prenuptial agreement in no way means that a couple plans to divorce. Just as buying car insurance does not mean a person plans to get in a wreck, drafting a prenuptial agreement does not mean a couple plans to split up.

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 Posted on January 16,2019 in Family Law

If you are a parent, you should always want what is best for your child, even it means making certain sacrifices. The law also provides you with particular rights and responsibilities in regard to your child. In the wake of a divorce, exercising your parental rights may be especially difficult if the other parent is given the majority of the parenting time and most of the authority for decision-making. When your ex-spouse gets remarried, the challenges may become even greater, particularly if his or her new spouse expresses the desire to legally adopt your child.

A Stepparent Adoption Usually Requires Your Approval

In most situations, your ex’s new husband or wife cannot adopt your child unless you voluntarily consent to the adoption. If you agree to the adoption, you also agree have your parental rights and responsibilities regarding your child terminated. According to Illinois law, a person may have only two legal parents. As such, an adoption by a stepparent is more than a formality; it creates a legal parent-child relationship between the stepparent and your child, giving the stepparent all of the authority and responsibilities that were once yours.

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 Posted on January 07,2019 in Child Support

When a couple with children either is not married when they have the child or later gets divorced, the parent with less parental responsibility is often required to pay child support. The purpose of child support payments are to help the custodial parent, the one with a greater share of parenting time and responsibility, cover the costs associated with raising the child. The ultimate goal of support payments is to help the child enjoy the same quality of life as he or she would have enjoyed if his or her parents were together. But, what happens when a parent does not pay his or her court-order child support?

Deadbeat Parents and Child Support Nonpayment

Depending on the circumstances, nonpayment of child support can be a serious violation of a court order. Parents who simply choose not to pay their court-ordered support can be held in contempt of the court. These so-called “deadbeat” parents are regarded differently under the law than those parents who make an attempt to comply with the law but cannot afford their support payments. This is why it is imperative that parents who cannot afford their child support payments notify the court of this problem immediately.

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 Posted on December 26,2018 in Child Support

Incarceration can change many aspects of an individual’s life and the lives of those who depend on them, especially in regard to finances. Unless a person or business agrees otherwise, monthly financial obligations remain valid, and that includes child support payments.

Once a judge orders support payments for children or spousal maintenance, it is legally enforceable and does not stop if an individual goes to jail, and the amount owed continues to accumulate. Here we will discuss the effect of incarceration on all parties and how to overcome this obstacle.

Parents Paying Child Support

Court-ordered child support payments are intended to benefit the livelihood of a child or children. Their needs do not stop if one parent is incarcerated, and therefore, the payments do not stop. They are expected to arrive in the same manner as before the detainment unless the court determines otherwise.

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 Posted on December 21,2018 in Divorce

While some couples agree their marriage should end and amicably go their separate ways, not every spouse agrees their relationship is over when confronted with a divorce filing. For some, the idea of divorce is against their religious or moral beliefs. Others are struck completely unaware or oblivious that anything was wrong, and the divorce papers take them completely by surprise. For people in that category, many are unwilling to end the marriage without a fight.

If divorce papers arrive, do you have to sign them? What happens if you refuse?

Refusing Divorce Papers

While you can refuse to sign your divorce papers, it will not keep the divorce from occurring. It will, however, successfully lengthen the divorce process, and likely make it more expensive and emotional. Choosing to dig in your heels and refuse to sign generally increases animosity between the parties and it makes little to no difference in the outcome. In Illinois, two people are required to enter the marriage, but only one is needed to end it.

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 Posted on December 14,2018 in Uncategorized

In creating a divorce agreement, all parental decisions are based upon the parenting plan established through negotiation, mediation, or by a judge. A parenting plan is a document which determines the specifics of parental responsibility. Regardless of its origination, once a divorce decree is approved, its provisions become legally enforceable. 

This legal document protects your parenting rights in the present and in the future, should your ex-spouse choose not to cooperate at any point. Additionally, the plan establishes distinct guidelines to prevent disputes. When in doubt, you are always able to refer to the plan.

Parenting Plan Examples

What you include in a parenting plan depends entirely on the circumstances of your situation. If you and your spouse can work together through your attorneys or a mediator, you can create a plan that works for everyone in the family. If, however, your divorce is destined for litigation, a judge will include:

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 Posted on December 07,2018 in Prenuptial Agreements

A prenuptial agreement is a legal contract created before the beginning of a marriage or civil union. The document commonly outlines what should happen with any income, assets, or other financial responsibilities should the relationship end in divorce but can include anything either party deems pertinent. 

While these arrangements are largely made famous by celebrities and other high-asset individuals, prenups are not limited to this income bracket. With the right legal guidance from a qualified attorney, couples from all financial backgrounds can benefit from prenuptial agreements.

Prenups for Middle Class

For both the wealthy and non-wealthy, a properly drafted prenuptial agreement guarantees a fair and equitable division of assets and debts and protects both parties from financial distress. That can be crucial for those without massive amounts of capital. Although wealthy individuals can potentially lose a significant amount of their assets in a divorce, the truth of the matter is, they will still have food on the table. For those in the middle-class bracket, someone losing half of their combined assets can result in situations in which financial responsibilities cannot be met.

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 Posted on November 29,2018 in Spousal Maintenance

If you were a stay-at-home mom or dad during your marriage, and your spouse was the primary source of family income, divorce can present a unique set of challenges. Stay-at-home parents frequently forego education and career opportunities for years and even decades so they can raise children and take care of daily household duties. After a divorce, these parents find themselves re-entering the job market, many with little-to-no work experience and substantial gaps in employment.

Although spousal maintenance (formerly called spousal support or alimony in Illinois) is an option, is it something a divorced stay-at-home parent can expect?

What is Spousal Maintenance?

Maintenance is a monthly payment made by the higher-earning spouse to the other. It is intended to let both spouses maintain a similar standard of living during the adjustment period following divorce, and to reduce potential financial strain on the lesser-earning spouse. In short, one spouse should not live a wealthy lifestyle while the other is left destitute. Judges typically award spousal maintenance payments for a limited time, which allows a stay-at-home parent to find gainful employment.

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 Posted on November 26,2018 in Divorce

The image of the traditional American family has evolved from one of a mother, father, and a child or children, to now include the “blended” family. A large portion of families in the United States are part of a blended situation, which means one spouse is either divorced or widowed with children, and has gone on to remarry someone with a similar past. The U.S. Census Bureau estimates 1,300 new stepfamilies form each day. This union creates a “his, hers, and ours” situation that was once only seen in TV comedies like “The Brady Bunch.”

Just because this is more common in today’s society does not make the transition any less awkward at first, nor do all tensions easily conclude with a happy ending as seen on TV. Here are a few tips to make your new family work:

Acknowledge the Children's Relationship With Their Other Parent

Although divorce can have a dramatic effect on children, most studies acknowledge children do well post-divorce if both parents continue their parental roles following the separation, regardless of remarriage. Let the child know the new stepparent will not replace their biological parent, but that it is an extension of their current family.

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