The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Subscribe to this list via RSS Blog posts tagged in Illinois divorce

Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,There was a time in the United State’s history when most families comprised of a mother, a father and their biological children. Now, the “typical” American family has become somewhat of a thing of the past. With more Americans remarrying and same-sex marriage being legalized throughout the country, the “typical” American family is not so predictable anymore. According to the United States Census Bureau, more than half of American families were divorced and remarried or recoupled in 2010. The Bureau also reported that nearly four million children were living in a blended family or stepfamily in 2010.

Blended families face their own unique challenges and can prove to be difficult for some children to adjust to. Here are a few tips you can use to help ensure the success of your blended family:

Plan Your New Family

...

Posted on in Divorce
Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,Getting a divorce is a time-consuming, stressful and frustrating process. Not only are you legally separating yourself from your ex, but you are also emotionally cutting them out of your life - a divorce is a loss and it should be treated like one. There are many considerations you must make when you get a divorce and that are a lot of ways you can make mistakes, but an Illinois divorce attorney who has experience in successful divorce cases can help you make the right decisions for your family. From issues with finances to issues with your emotional wellbeing, here are five mistakes that you should avoid making during your divorce: Not Being Prepared and Informed The thing that is going to help you most during your divorce is being prepared with all of the information that you are going to need and being informed about your financial situation. Prior to beginning a divorce, make sure you have enough money set aside for legal fees, court costs and other costs you may incur. You should also have copies of all important financial documents and records including bank statements, pay stubs, tax returns, property deeds, vehicle titles and registrations, wills and trusts and any other pertinent information. Not Considering All of Your Options Many people think that their only option when it comes to divorce is the traditional divorce litigation. Now, there are many forms of alternative dispute resolution to choose from when you want to divorce, including mediation, collaborative law, and simplified dissolution. You should talk with an attorney to discuss all of your options before you choose one. Not Putting Your Children First With everything that you are thinking about and dealing with during a divorce, your children can be unintentionally put on the backburner. You should always have your children at the forefront of the decisions that you are making. Make sure you have a parenting plan created when you get a divorce so that you and your children know what will happen once the separation is final. Letting Your Emotions Take Over Though it may seem impossible, letting your emotions get the best of you during your divorce is not good for anyone. You may have feelings of anger, sadness, grief, and resentment boiling in your mind, but you cannot let those feelings fuel your decisions that will affect you for the rest of your life. Seeing a counselor or therapist can help you sort out these emotions during this troubling time. Not Hiring a Knowledgeable DuPage County Divorce Lawyer

One of your biggest mistakes can be not hiring competent legal representation. You should always have some sort of legal counsel with you when you are negotiating terms of your divorce settlement so that you can be informed about the decisions you are making and how they will impact you later. By hiring a well-versed Aurora divorce lawyer, you can be sure that all of your needs are being taken care of. The attorneys at the Law Office of Matthew M. Williams, P.C. will advocate for you and guide you every step of the way through your divorce. Call the office at 630-409-8184 to schedule an appointment.

 

Sources:

https://www.huffingtonpost.com/cheryl-and-joe-dillon/common-divorce-mistakes_b_6057888.html

...

Posted on in Divorce

divorce, DuPage County divorce attorneySome divorces can take years to resolve, which can lead to many unfavorable consequences for both parties. However, many divorces can be resolved on a quicker timeline and with fewer attorney’s fees.

To streamline your divorce proceedings, consider the following tips:

1. Agree with your soon-to-be ex-spouse as much as possible.

...

hidden asset, DuPage County family law attorneyA divorce is rarely an easy undertaking and, in some cases, can be extremely complex, especially if you fear that your spouse is not being honest about his or her financial situation. Hidden assets can prevent the court from putting together an accurate assessment of the marital estate, which could affect not only the property division process but issues related to spousal and child support as well.

What is a Hidden Asset?

While it is possible for a spouse to hide assets while living in the marital home during the marriage, it becomes even easier to hide assets following a separation. If you and your spouse are living apart, he or she could have opened secret accounts, started working under the table, received gifts from friends, or made undisclosed investments. Hidden assets may also take the form of physical items like jewelry, furniture, artwork, and real estate.

...

collaborative law, Kane County divorce attorneyPeople consistently envision the divorce process as an adversarial affair that pits parties against one another, which culminates with the ultimate goal of walking away with more than the other side. Divorces of this type do exist, but every divorce is not destined to be a series of contentious exchanges. Another approach is available that allows couples to maintain civil, working relationships so they have the ability to remain in contact once the divorce is finalized.

Collaborative divorce is an alternative method of navigating the end of a marriage that is conducted in a supportive environment and puts the parties in control of the outcome. Parties wishing to co-parent or retain a family business following divorce could benefit from this resolution process. Understanding that an alternative exists to traditional litigation grants divorcing parties greater freedom in working out conflict, which often leads to more cooperation.

What Is Collaborative Divorce?

...

Posted on in Divorce

divorce, DuPage County divorce attorneyWhen a marriage has reached a certain point, each spouse is at a crossroads of their own. You and your partner have the ability to decide whether to work together on improving the relationship or to admit that nothing more can be done to save the marriage. Obviously, the decision to work on reviving the marriage requires both of you to be on the same page and pulling in the same direction overall. If both of you choose to end the marriage, the divorce process can begin without delay. What happens, however, if you are ready for a divorce but your spouse wants to keep fighting for the relationship?

Be Absolutely Sure

Before you tell your spouse that you are ready for the marriage to be over, you need to be completely certain that is what you want. A divorce is a life-changing event that can lead to serious emotional reactions and psychological effect for years to come. When ending a marriage is necessary, such challenges are an accepted part of seeking new, post-divorce life, but it is not fair to you or your spouse for you to be casual about your decision. Talk to a counselor or a spiritual advisor become making your decision. Remember, if fixing your marriage does not work, divorce will always be an option, but the same is not true in reverse.

...

confessing, Aurora family law attorneyAs most people are aware, somewhere between 30 and 40 percent of all marriages today will eventually end in divorce. While this number has declined in recent years, a 60-70 percent success rate for marriage is still not all that encouraging. Marriages can break down for any number of reasons, and, in most cases, divorce is the result of a combination of many factors, some within the spouses’ control and some not.

A Challenging Journey

The process of divorce, however, can be extremely difficult with many decisions to be made and arrangements to be negotiated. This does not even take into account the emotional and psychological struggle that many divorcing individuals go through as the process goes along. The cumulative effect of all of the difficulties can be overwhelming at times, but some experts suggest that there may be a way to ease your mind a little and to provide emotional relief to your spouse at the same time. Confessing, or taking responsibility for wrongs you may have committed, can go a long way in making the divorce process much smoother for the both of you.

...

stonewalling, DuPage County divorce lawyerWhen you are involved in a long-term committed relationship or a marriage—communication is one of the most important keys to happiness. Those who are able to communicate tend to enjoy higher levels of marital satisfaction and a better understanding of one another. Those who cannot or who only speak to one another superficially are likely to find their marriage spiraling quickly toward divorce.

The Concept of Stonewalling

Spouses can easily become frustrated with each other for any number of reasons. The stresses of day-to-day life can begin to drive a wedge between marital partners. Careless behavior, bad habits, and other minor annoyances start to become major issues if and when communication breaks down.

...

children, DuPage County divorce attorneyNo family ever plans to split in divorce, but sometimes situations arise in a marriage that make divorce the best and healthiest decision for everyone involved. Breaking the news to children that you and your spouse will be ending your marriage is tough – there is no way around it. However, there are steps you can take to make the process of telling your children about the divorce less painful than it has to be.

  • Keep conversations age-appropriate: Obviously, the conversation about splitting up will be different with a four-year-old and a 16-year-old. It is important to use age-appropriate language with a small child when explaining how their lives will change. A very small child will not understand words like “divorce,” “separation,” and “shared custody.”  On the other hand, an older child can understand more about how his or her life will change and will understand concepts like living in two households or court appearances.
  • Do not give more detail than is necessary: Children do not need to know details regarding why the marriage is ending – especially if the marriage ended from a sexual indiscretion or another dramatic event. Stick to the facts of how the family is changing and the timeline for these changes.
  • Refrain from blaming or vilifying your spouse in front of the children: As tempting as it is to assign blame, your main priority is reassuring the children that both of their parents still love them.  Affirm that the children that they are in no way responsible for the marriage ending.
  •  Share the logistics of how their lives will change:  Explain to the children how their living situation will change. Is one of the parents moving out? Will the children be attending a different school in the future? What is the timeline for implementation of these changes? Kids may need to be reminded of these changes in the future as well.
  • Allow the children to ask questions and listen to their concerns:  Kids all react differently to big news.  Some will want to ask questions and talk about the situation immediately; others will need space to be alone before they are ready to talk. However long it takes, it is important to remember to allow children to express themselves in their own time and to react with patience and compassion to their questions and concerns.

An Attorney Can Help

If you have questions about the divorce process and how to explain it to your children, contact an experienced DuPage County divorce attorney. Call 630-409-8184 to schedule a confidential consultation at the Law Office of Matthew M. Williams, P.C. today.

...

debt, DuPage County divorce attorneyIn an Illinois divorce, the property and assets of a couple are equitably (fairly) divided. What a lot of couples fail to take into account is that this process of division also applies to their debt. It does not just disappear, after all. Be prepared and protect your financial future. Know how to deal with debt during the divorce process, and how you can effectively protect yourself from debt that should no longer be considered “yours” once everything is completed.

Taking a Proactive Approach to Debt Before the Divorce

All too often, couples wait put off dealing with debt until the last possible minute, assuming it will all just work itself out during the divorce process. Unfortunately, this is not always the case. Instead, debt may be wrongly assigned to a party that cannot reasonably afford it. However, even if debt is equitably distributed during the divorce, failure to think ahead can come back to haunt the one who should have been “off the hook.” This can be especially true in situations involving joint debts, such as joint credit cards, mortgages, and other installment loans.

...

pets, Illinois divorce attorneyIn millions of homes around the country, dogs and cats are simply part of the family. It never even occurs to many couples that a divorce could impact the relationship they have with their furry friends. There are, of course, pages and pages of laws that deal with how the best interests of children are protected when their parents get divorced, but what about companion animals? It may come as a surprise to many, but, as of now, statutory law is relatively silent regarding household pets and how they should be handled in divorce.

No Mention of Pets

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) contains virtually all of the legislative provisions applicable to an Illinois divorce. Despite the prevalence of household pets around the state, the law does not make a single reference to animals, pets, dogs or cats. This has essentially forced divorce courts to treat companion animals as property. Historically, the responsibility for the care of household pets has been allocated based on when the animal was acquired and which spouse provided for its care during the marriage. While such decisions are not always ideal for pet lovers, there is no basis for a court to determine otherwise.

...

Posted on in Divorce

faster divorce, Aurora family law attorneyDivorces, like marriages, are as unique as the individuals involved. Some approach the process looking to extract a measure of revenge against a spouse who wronged them, while others just want the proceedings to be as smooth as possible. Regardless of what a person is looking to accomplish in divorce, virtually nobody wants the process to drag on for months. Once you have made the decision to end your marriage, there are some things you can do to help facilitate faster divorce proceedings.

Be Prepared

Before you file for divorce, it is important to get yourself organized. Inventory what you have, including furniture, investments, and any other property. Preparing a comprehensive list of what you have will allow you to develop a better understanding of what you want following the divorce. Deciding what you want includes more than physical property and cash; you also need to establish whether you should ask for spousal maintenance or primary parenting responsibilities for your children.

...

Posted on in Divorce

divorce, Aurora family law attorneyRegardless of how you may have reached the decision to end your marriage, doing so is merely the first step in a process that could last for months and present many challenges. Once you have decided to pursue a divorce, it is crucial to begin preparations immediately. Going into your divorce proceedings without a solid grasp on your situation can have disastrous results.

Whether you are about to file your petition for divorce or have recently filed, you should begin to:

Save Money

...

children, divorce, DuPage County family lawyerDivorce is stressful for everyone involved. Children, however, often have the most difficulty adjusting to all of the changes. A divorce can also affect a child for years after the final decree is entered. There are several things you can do as a parent can help your child cope with the divorce.

Listen to Their Problems and Worries

Children, just like adults, feel loved and cared for when they know you are listening to them. This is more than just hearing what they have to say. Listening requires you to both be active in showing you understand what they are worried about while also withholding any judgments or solutions until after the child is done sharing. In fact, resolving their concerns in the moment is less important than encouraging your children to express their feelings honestly.

...

divorce rate, DuPage County divorce lawyerEveryone “knows” that half of all American marriages end in divorce, which means the divorce rate is probably right around 50 percent, right? Comparing U.S. Census Bureau’s numbers on marriages and divorces in a given year, this commonly-cited “fact” appears to be completely true. The reality is, however, that numbers without context can be extremely misleading, especially when you consider that marriages and divorces in the same year are not really related to one another.

A Look Behind Numbers

It makes sense when you think about it: couples who are getting married this year—with maybe a few exceptions for remarriage cases—are not the same couples who are getting divorced. The couple applying for a marriage license at the courthouse have very little to do with the couple down the hall filing a petition for dissolution. In fact, according to some research, the divorce rate of those marrying in the 1990s or later closer to one-third than to one-half.

...

communication, DuPage County divorce attorneyThe process of divorce is going to be challenging no matter how well you and the other party get along. There are simply too many variables to expect everything to be resolved easily and without some measure of disagreement. Even if the two of you agree on most matters of substance, personal feeling of anger, grief, or betrayal over the end of your relationship can complicate the proceedings. Along the way, you and your soon-to-be ex-spouse will need to keep lines of communication open between you, especially if you have children together. It is absolutely critical for you to be aware of what you are saying and how it may be received so that you can avoid creating additional problems down the road.

Decide on a Method of Communication

The first thing you can do to prevent misunderstandings is to reach an agreement regarding the types of communication you and your spouse should use throughout the divorce process. If your relationship is such that speaking directly to one another in person or over the phone is acceptable, do so very carefully. Keep notes about your conversations, so that the words you choose cannot be misconstrued or misinterpreted. For many divorcing couples, a written form of communication works better, including email or text messages. Emails and text messages generally allow you the ability to consider your words more carefully, helping to ensure that what you send is exactly what you mean.

...

children of divorce, health study, DuPage County family law attorneyWhile most parents who are considering divorce give a great deal of thought to how their children may be affected, they may not think about actual the health impact such a decision could have. Parents and experts tend to consider the psychological and behavioral effects primarily, but research is beginning to emerge that suggest that physiological health may also be impacted years into the future.

Longitudinal Research

A recent study conducted by researchers from Penn State University and the University of Louisville looked at long-term data nearly 15,000 men and women born in the United Kingdom in 1958. Published in the journal Longitudinal and Life Course Studies, the study sought to analyze the health impact of parental divorce at different stages in a child’s life.

...

Posted on in Divorce

dating, post-divorce, Aurora family law attorneyYou probably know at least one person, if not many people, who emerged from a divorce and jumped almost directly into a new romantic relationship, often before the ink even dried on their paperwork. Depending on the situation of your marriage and divorce, you may find the idea of new romantic partner extremely appealing. However, you may want to take a step back and consider if you are truly ready for a new commitment so soon.

Divorce and Grief

Mental health experts regularly suggest that the psychological and emotional effects of a divorce are very similar to those associated with the death of loved one. As with death, grieving the end of your marriage is a process and not an event that is over after a specified amount of time. Every person grieves differently, and there is not right or wrong way to move through it. This means that while some people may be ready to date again right way, others may not be emotionally prepared for months or even years.

...

after divorce, happiness, DuPage County family law attorneyNobody gets married with the intention of getting divorced. If you are like most couples, you probably walked down the aisle with hopes and dreams of a long, happy life together, regardless of the challenges life threw at you. Unfortunately, for a great many couples, their “happily ever after” was not meant to be—at least not together. It is possible, however, for you to reclaim your life after divorce, finding levels of happiness you may have never thought possible, especially during the toughest parts of your marriage.

Freedom to Be Yourself

When you got married, you may have sacrificed some of your personal identity. Becoming fully invested in the marital relationship is not necessarily a bad thing, but when the marriage sours, it can feel like you have lost a part of yourself in the process. After you divorce, it is important to take time to figure out who you are, who you want to be, and how to get there. Grant yourself the freedom to explore new ideas and hobbies that catch your interest. You no longer need to worry about what your spouse might think. Work toward regaining your sense of self and you will quickly become accustomed to your post-divorce lifestyle.

...

change your name, divorce, Illinois Divorce AttorneyIf you took your husband’s last name when you got married, you will be faced with a potentially difficult decision upon your divorce. Of course, the divorce process includes many challenging decisions, but you may find deciding what to do about your name to be among the most conflicted. From an official, legal perspective, changing your name back is easy, but the impact of your changing your name can affect you on a much deeper, emotional level.

While there are examples of divorce decrees requiring a woman to change her name after divorce, for the most part, nobody can force you into a decision. It is a very personal consideration impacted by a wide range of factors, and the right answer is whichever choice satisfies you. In making the decision about changing your name, think about some of the concerns that countless other women have considered:

Your Personal Identity: Who do you see yourself to be? Are you Mrs. X, simply by virtue of being Mr. X’s wife, or has Mrs. X simply been a name associated with a strong, independent woman? If you need to create a clean separation from him, then consider changing your name. If the name does not feel like a strong connection to your ex, maybe think about keeping it, depending upon other factors.

...
The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Facebook Twitter LinkedIn
Back to Top