Posted on April 02, 2019 in Divorce

A married couple may decide to start a family, but what happens if that couple decides to get a divorce while expecting a child? A divorce and pregnancy are stressful on their own, but experiencing them together presents a unique set of challenges. In Illinois, a pregnancy in no way restricts your ability to end a marriage, but there are some reasons a family may choose to delay divorce finalization until after the child is born. 

Whether this is a first child or a new addition, it will be important to discuss what is best for your growing family. Although you and your spouse may not see eye to eye anymore, reaching common ground about an unborn child and divorce will reduce everyone’s stress. Consider some of these points when making decisions about your divorce with a baby on the way. 

Paternity

While there is no question about the biological status between mother and child at birth, paternity - the legal relationship between a father and child - is sometimes unknown or contested. When a child is born to a married couple, the woman’s husband is assumed to be the legal father and has rights to the child. The child also becomes eligible for benefits from the father, such as health insurance, social security benefits, and any inheritance. Without being married, you may have to establish paternity, such as signing a voluntary acknowledgment of paternity form. On the other hand, if the paternity of the child is not certain at this point in your relationship, it may be best to end the marriage and prove paternity after.

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 Posted on March 26, 2019 in Divorce

The division of marital property is an essential part of the divorce process, but what some people forget is the division of debts. Whether credit cards, car loans, or student loans, it is important to take a close look at the debts that have accrued as a couple.

Every state has its own approach to dividing property, money, and debts. In Illinois, these are split according to what is equitable, not necessarily even, and takes various factors into account. Anything that is considered marital property can qualify for division. 

What is Marital Property?

Marital property includes assets and debts accumulated during the marriage. If one spouse bought a car before the marriage, it would likely go to the original buyer. However, if the couple bought the same vehicle during the marriage, that would qualify for equitable division.

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 Posted on March 19, 2019 in Prenuptial and Postnuptial Agreements

It is never a bad thing to plan for the worst-case scenarios in life, including what will happen if your marriage ends in divorce. Planning with your significant other for issues like the division of marital assets while you are on good terms is better than arguing about them during a contentious divorce process. Having a plan in case of divorce may seem like a negative way to start a marriage, but it can give peace of mind no matter what happens after tying the knot. 

Getting married affects all aspects of your life, including finances, social life, inheritances, and more. Meeting with an experienced family law attorney to create a legal agreement in case the marriage fails can benefit both parties in the long run. 

Here are the two most common legal agreements for couples:

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 Posted on March 12, 2019 in Divorce

When children are young, birthday parties are a way to make them feel special, with family and friends in attendance. However, after a divorce, celebrating a child’s birthday may feel like a complicated and daunting task. Your child deserves to have a great day, but seeing your ex-spouse and being reminded of your divorce may not be the best situation for everyone involved. You may also feel increased pressure to make things perfect for your child, especially if you are recently divorced.

To start, your parenting plan may have all the answers. You might have communicated what to do for family birthdays in your divorce agreement. A parenting plan dictates which parent a child spends time with and when. Maybe that was a while ago, and things have changed, or it was not included at all. 

Here are some tips for handing birthdays to make sure your child continues to feel celebrated on their special day:

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 Posted on March 05, 2019 in Divorce

Marriage is a union that brings two people together. In order to get married in Illinois, two adults age 18 years or older have to sign a marriage license at the county clerk’s office. After presenting proper identification and paying a fee, you can be legally married. It takes two consenting adults to get married, but when it comes to divorce, if one partner cannot be located, service by publication can be issued to relieve the abandoned partner.

When getting a divorce, the first step is to file a petition to end the marriage with the court. This involves paperwork you file with your local clerk’s office. Your petition will be assigned a case number and a judge, and a summons will be issued. The summons is what the other spouse receives to initiate the divorce process. There are five ways to provide this notice:

• Sheriff’s service
• Voluntary acceptance
• Service by a special process server 

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 Posted on February 25, 2019 in Child Custody

Child custody, known as the allocation of parental responsibilities in Illinois, is one of the more complicated aspects of a divorce. Despite your opinion and feelings about your ex-spouse, you both still have the common ground of loving your children together. No one wants to feel like their children are taken away, or that they are being purposely kept from them. With the right parenting plan, you can create a schedule that benefits everyone. 

In recent years, Illinois has implemented changes to family law procedures regarding divorce and children. Along with the change from child custody to the allocation of parental responsibilities, the terms “sole” and “joint” custody are no longer used. Visitation is also an outdated term, and parenting time is now used in its place. 

The very idea of splitting time with your children can feel like a daunting task. Here are some common questions parents have about child custody when going through a divorce.

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 Posted on February 18, 2019 in Divorce

With all the planning and effort it takes to get married, getting a divorce is an equally demanding reversal. However, instead of booking venues and picking flower arrangements, you are hiring attorneys and dividing assets. Some religions also frown upon divorce, which can add another layer of complexity. Still, there are many possible reasons someone may decide to divorce their spouse. 

In Illinois, a judge will grant a divorce if the couple has irreconcilable differences or has lived separately for six months. The divorce process starts by filing forms and serving them to your spouse. If you are conflicted on your reasons for wanting a divorce, here is a list of common factors that often cause individuals to make the critical decision.

Infidelity

Getting a divorce may feel like a betrayal of your promise to make it through the good times and bad, but a cheating partner largely nullifies that rationale. If your spouse cheats, there is something they are missing from your relationship and they would rather seek it elsewhere. Some couples can work through an affair, but it is often a deal-breaker for many. If you have suffered through repeated affairs, it is time to consider why you would want to put up with that any longer. 

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 Posted on February 11, 2019 in Divorce

When two people get married, their financial situations change. The same is true in divorce. In Illinois, spouses who earn less money typically receive spousal maintenance (formerly known as spousal support or alimony). Here is a look at how spousal maintenance is calculated.

What Is Spousal Maintenance?

Spousal maintenance protects the individual in the marriage who makes less money and who would, therefore, be at an economic disadvantage in divorce. For example, one spouse may have stopped working to raise the family while the other maintained a high-paying career. Maintenance is meant to maintain the standard of living for both former partners. 

When the divorce process begins, spouses usually wonder how much maintenance will be paid and for how long. Spouses can reach a spousal support agreement on their own, or the court will base a determination on:

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 Posted on February 04, 2019 in Divorce

Often when people fall in love, they get married to show their commitment to their partner. It is a significant gesture and an even bigger step in a relationship. A wedding is supposed to be one of the happiest days of your life, so after a divorce, it may feel hard to love and accept yourself.

There is no right or wrong way to feel during or after a divorce. Everyone has different experiences depending on the length of the marriage and if children are involved. In some cases, a divorce may be the best thing for everyone, although it may not feel that way at the time.

Even if your divorce is a mutual decision, it is still normal to feel rejected or depressed after separating from your spouse. Here are some tips to help manage your divorce emotions.

Emotional Health

Your marriage, at one time or another, was a loving and happy relationship, so it is important to allow yourself to mourn the loss. Even if you are glad to be divorcing your spouse, there may still be a void from your relationship with them. Most people, divorce or not, can benefit from therapy. Consider working out your feelings with an unbiased party who can help you channel your emotions in a positive direction.

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 Posted on January 23, 2019 in Divorce

Your adolescent child may be closer to being an adult than an infant, but your son or daughter is at a transitional time in their life when it comes to emotions and self-esteem. Teenagers may appear adjusted to the idea of their parents getting a divorce, but they often take it harder than younger siblings. 

The World Health Organization classifies an adolescent as someone between the ages of 10 and 19. There are many things a child in that age frame can worry about, from acne to getting into the right college. The pressure to do well in school, maintain a social life, and participate in extracurricular activities can be overwhelming. On top of that, from puberty onward, there are physical and emotional changes that have a significant impact on a teenager’s life. 

Telling your children that you and their other parent are getting a divorce is an intimidating task. After that conversation, it is important to keep a close eye on your older child’s emotional and physical well-being. They might not tell you they are having a tough time with the situation, but these signs will.

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