Posted on January 13, 2022 in Family Law

Whether you are divorced or unmarried, raising a child with an ex can be challenging. Understandably, parents want what is best for their children. When two parents disagree about what is in a child’s best interests, the situation can quickly escalate. Building a parenting plan is the best way to ensure that you and your child’s other parent are on the same page. Parenting plans are also required for parents getting divorced in Illinois.

Required Elements for Illinois Parenting Agreements

Parents who file for divorce in Illinois are asked to submit a parenting plan to the court. If the parents cannot agree on the terms of the parenting plan, the court will have them each submit their own plan separately. Often, parents who disagree about child custody issues are required to attend family law mediation to discuss the issues and work out an agreement. If mediation fails, the case may advance to litigation.

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 Posted on January 11, 2022 in Asset Division

A crucial part of the divorce process involves dividing the spouses’ assets and debts. Depending on your particular situation, you may need to address real estate, vehicles, art and collectibles, business interests, and many other assets. You may also have credit cards, loans, and other debt to deal with during the property division portion of your divorce. One issue that can make the division of assets even more complicated is asset “dissipation.” The word dissipation refers to waste, misuse, or destruction of property. In some cases, divorcing spouses may recoup the value of dissipated assets through a dissipation of assets claim.

What Counts as Dissipation of Assets?

Illinois law states that dissipation occurs when marital property is sold, destroyed, or used for a purpose unrelated to the marriage and in a way that only benefits one of the spouses. The waste of assets must occur during the marriage’s “breakdown” to count as dissipation. The marital breakdown is usually defined as the point at which the couple stops trying to salvage the marriage. For example, if you and your spouse decided to divorce and then he or she destroyed your shared property in revenge, you may have a valid dissipation of assets claim.

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 Posted on December 30, 2021 in Divorce

For many people, the beginning of a new year presents an opportunity to make positive changes in their lives. While new year’s resolutions do not always last more than a few months, they can help you take stock of your life, identify potential areas of improvement, and begin taking steps toward a more positive future. For those who are going through a divorce or who have recently ended their marriage, resolutions can be especially beneficial. A divorce will require you to make major changes, and the new year can be a good opportunity to take a positive approach to these changes and determine the best ways to move forward into the next phase of your life.

Resolutions That Can Benefit You Following Your Divorce

While everybody’s situation is different, there are some common factors to every divorce. After being used to sharing your life with a partner, you will need to get used to living on your own. Some new year’s resolutions that may benefit you as you reorient your life include:

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 Posted on December 15, 2021 in Uncategorized

The holiday season can be stressful for anyone. Buying gifts for loved ones and coordinating holiday celebrations and family get-togethers can take up a great deal of time and energy. These issues can be even more difficult to deal with for those who have recently ended their marriage or are in the midst of the divorce process. If you are a divorced or unmarried parent who shares custody of your children, you may need to make major changes to your normal holiday plans, and both you and your children may experience emotional struggles as you adjust to new arrangements. Fortunately, there are some positive steps that you can take to make sure you will be able to enjoy the holidays with your children. These include:

• Set expectations - It is important to make sure everyone understands the holiday parenting time schedule well in advance. You can communicate with the other parent to determine when children will be staying with each of you and when children will be picked up or dropped off, while also addressing any other issues related to the time children will spend in each of your homes during their winter break from school. You will also want to discuss these plans with your children and answer any questions they may have about the holiday schedule or other related concerns.

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 Posted on December 08, 2021 in Divorce

There are multiple situations where family members may need to address legal issues. These disputes can become very contentious, especially when parents or other parties disagree about what is best for children. In some cases, divorcing spouses, parents who need to address issues related to child custody, or other family members involved in children’s lives may become concerned about children’s safety, physical and mental health, and overall well-being. To ensure that children will be protected from harm or to address other concerns about the safety of family members, psychological evaluations may be performed.

Reasons for a Psychological Evaluation

In family law cases involving children, the court’s primary focus will be to protect children’s best interests. While parents are generally presumed to be fit to care for their children, there are some situations where a parent or other family members may be concerned that children will be at risk of physical or emotional harm when in a parent’s care. One or more parties involved in a case may request a psychological evaluation of either or both parents, and children may also be evaluated to gain a better understanding of their relationships with their parents and any issues that may affect their well-being. A judge may also order psychological evaluations if they believe that they need additional information to help them make decisions about child custody.

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 Posted on December 06, 2021 in Divorce

The decision to pursue a divorce is usually not an easy one. However, if your relationship with your spouse has broken down, ending your marriage may be the best option for you, your children, and your family. Rather than living in a tension-filled home and dealing with the stress of regular arguments or disagreements over finances and child-related issues, you can make plans to leave this situation and live a happier, more fulfilling life. As you get ready to end your marriage, you can make the process easier by taking steps to prepare for the divorce process and ensure that you will be ready to address the legal and financial issues involved in ending your marriage.

1. Start Saving Money

Your divorce itself will involve a number of expenses, including legal fees, court costs, and money that will be paid to the attorney you hire to represent you. As you prepare to make changes to your living arrangements, you may also encounter a variety of other expenses. You may need to address moving costs and put money toward rent or mortgage payments, utilities, purchasing new furniture or appliances, and other household expenses. To ensure that you will have the financial resources you need, you can begin saving money ahead of time. However, it is important to understand that the money you save will be considered marital property, and you may be required to divide these funds with your spouse along with other assets that the two of you own together.

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 Posted on November 30, 2021 in Family Law

Originally published: June 12, 2019 -- Updated: November 30, 2021

UPDATE: If a guardian ad litem has been appointed in your divorce or child custody case, you will not only need to understand the procedures they will follow as described below, but you will need to prepare for how you will work with the GAL to address your children’s needs and best interests. When answering a GAL’s questions or responding to their requests, it is important to do the following:

• Be honest and cooperative - You will want to answer all of the GAL’s questions honestly while demonstrating that you can provide for your children’s best interests. Be sure to answer the GAL’s phone calls or emails promptly, and work with them to make arrangements for visiting your home and observing you while you are with your children. Your goal will be to demonstrate that you are a good parent who wants what is best for your children.

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 Posted on November 17, 2021 in Child Custody

When a child’s parents are no longer together, they will need to determine how issues related to child custody will be handled going forward. Married parents who choose to divorce or unmarried parents who are separated will need to create a parenting agreement that details how they will make decisions related to their children and a schedule for the parenting time that children will spend with each parent. In some cases, a parent may be concerned about their children’s health and safety when they are in the care of the other parent, and they may believe that restrictions on parenting time may be appropriate, including supervised parenting time.

Situations Where Supervision May Be Needed During Visitation

While Illinois law presumes that parents are fit to care for their children and that they have the right to reasonable amounts of parenting time, there are some situations where a parent may believe that certain restrictions should be placed on the other parent. These restrictions must generally be based on evidence that a parent’s actions may place children at risk of suffering physical or emotional harm. Examples of cases where parenting time restrictions may be needed include:

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 Posted on November 13, 2021 in Divorce

When a couple gets married, they usually expect to stay together for the rest of their lives. However, things do not always go as planned, and divorce may become a possibility. In some cases, a couple may plan for the eventuality of divorce by creating a prenuptial agreement before they get married. For those who had not created a prenup, a postnuptial agreement can be created at any time during the couple’s marriage, and it can make decisions about how certain matters will be handled in a potential divorce, including issues related to the division of property or spousal maintenance. By understanding when this type of agreement can be beneficial, spouses can determine how best to protect their rights and ensure that they will be prepared to address legal issues if they decide to end their marriage in the future.

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 Posted on November 04, 2021 in Asset Division

Of the various issues that must be addressed during a divorce, matters related to a couple’s property and finances are often among the most complex. When negotiating a settlement that fully details the division of marital property, spouses will need to make sure they fully understand the different assets they own, the value of their property, and how dividing these assets will affect each spouse’s finances both immediately and in the future. These determinations can be especially complicated in cases where one or both spouses are business owners, and a business valuation will usually need to be performed to ensure that the spouses fully understand the value of business assets and the ways these assets may be divided fairly and equitably.

Business Valuation Methods

The approach taken to determine the value of business assets will depend on a variety of factors, including how the spouses expect ownership of the business to be handled, whether they plan to sell the business, and whether the business may increase in value in the future. Spouses will usually need to consult with financial experts when performing a valuation, and these experts may use one or more of the following methods:

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