Posted on August 25, 2015 in Divorce

If 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:

Continue Reading ››

 Posted on July 28, 2015 in Uncontested Divorce

When you got married, you probably never anticipated that the day would come when divorce was not only a possibility, but the right decision. You and your spouse, over the years, may have grown apart and realized that it was not in either of your best interests to remain in an unhappy marriage. Even as you end your marriage, however, it is entirely reasonable for you both to want the best for the other person. Just because you will no longer be married does not mean you must hate each other or that you need to "win" the divorce. If you find yourself in such a situation, an uncontested divorce may provide the closure you need for your marriage without the stress and hassle of courtroom litigation.

Irreconcilable Differences

Virtually all uncontested divorces are granted on the grounds of irreconcilable differences. Currently under Illinois law, divorce is a possibility on fault grounds including infidelity, abandonment, and others, but fault grounds are much less likely to result in an amicable divorce. (Fault grounds are also being eliminated from the state’s divorce laws beginning in 2016, but that will be addressed in a future post.) Thus, an uncontested divorce assumes no fault for the breakdown of the marriage and instead focuses on creating an equitable post-divorce situation for both spouses and their children.

Continue Reading ››

 Posted on July 09, 2015 in Child Custody

When a couple with children divorces, developing a custody arrangement for the children is generally a part of their divorce process. The court does its best to ensure that following a divorce, the children have regular contact with both parents and can develop nurturing relationships with each of them. Before a couple's divorce is complete, however, their children may be in a precarious position. One parent might move out of the family home or be facing an order of protection from the other.

In any case, the children need to have a legal order in place to ensure that they have a stable home and schedule while their parents work through their divorce. This is where a temporary custody order can help.Our Illinois child custody attorney can explain more and help you with complex child custody matters, as well as every other part ofy our divorce.

Continue Reading ››

 Posted on May 05, 2015 in Child Custody

Filing for divorce can be a painful and difficult process. This is especially true when a divorcing couple has children and cannot agree on a child custody arrangement.

If you are considering divorce, it is important to learn as much about the process as possible. This will help you prepare for the proceedings and know what to expect. Child custody laws are complex, and each case is different. This is why parents who have questions about child custody should consult an experienced family attorney.

Parents with a criminal record often want to know if they can win custody or visitation rights. As with most divorce matters, the answer to this question depends on the specific facts of the case.

It is possible for a parent with a criminal record to win custody or visitation rights. However, a history of violent behavior may affect the custody ruling. The judge will consider any physical violence, threat, and occurrence of ongoing or repeated incidents of domestic violence when awarding custody.

Continue Reading ››

 Posted on March 11, 2015 in Finances & Divorce

With so many issues to consider in a divorce, from property division, to child support, to spousal maintenance, separating spouses may forget to think about their estate and estate planning documents. However, spouses should take specific estate planning changes after a divorce in order to ensure that their ex-spouse no longer has rights to anything after the separation.

Changes to the Will

First, spouses should review their will. Most married couples designate their spouse as the main beneficiary of their will, either giving all or the majority of their estate to their spouse. Many divorcing spouses do not want their soon-to-be ex-spouse to inherit any of their estate. Of course, spouses that are currently going through a divorce have property that is still combined, which will most likely be divided equitably. However, spouses can rewrite a will to protect themselves during the divorce and into the future.

Continue Reading ››

 Posted on February 20, 2015 in Finances & Divorce

As most people who go through a divorce are aware, ending a marriage involves a lot more than filing paperwork and relocating. Although each case is unique, many divorcing spouses must deal with complicated child support and custody negotiations, property division, or alimony. Understanding how the law relates to your divorce can make the process a whole lot easier. Marital finances during a divorce can become particularly stressful. In addition to transitioning into a single income, divorcing spouses may not understand how to manage credit cards and other financial accounts. This article will provide some helpful insight into the monetary side of divorce:

 Joint Credit Cards

 According to Creditcards.com, creditors do not necessarily recognize a divorce ruling. Debt is debt, and as far as a credit card company is concerned, couples are responsible for paying joint debt when the marriage ends.

Continue Reading ››

 Posted on January 07, 2015 in Guardianship

Child custody disputes are never easy. They are often laborious and lengthy, and they may involve a number of heated disagreements and emotions.

Custody disputes may become even more complicated when they involve more than one child. Divorcing spouses with children often have a very difficult conflict ahead of them, but many wonder what happens when neither parent is capable of — or wants to — take care of the children?

Because every divorce and child custody dispute is unique, it is wise to seek help from a legal professional to review your case. Marital, divorce, and custody law is a complex field for those who are inexperienced, so it can be incredibly beneficial to consult a lawyer. This is true for both parents and potential guardians.

Why Might Parents Be Unable to Receive Custody of the Child?

Continue Reading ››

 Posted on December 05, 2014 in Paternity

For whatever the reason, your quest for establishing paternity is both a personal and legal right awarded to those residing in Illinois under the Illinois Parentage Act of 1984 (750 ILCS 45). The law establishes this action for both married and unmarried parents and is established by presumption, consent or judicial determination. The quest to determine paternity can be initiated by the natural mother, a father presuming he is the child’s father or in some instances when the child is requesting clarification of paternity.

According to Illinois Legal Aid, an agency dedicated to assisting Illinois residents with legal guidance, paternity is defined as the relationship between a father and his child. Once legal paternity has been established, the father is entitled to rights as well as responsibility for the child, often including visitation rights, custody and child support.

Continue Reading ››

 Posted on November 10, 2014 in Divorce

After signing the final divorce papers and completing all other legal responsibilities, it is time to move on to a new life. It will likely be difficult; divorce is an emotional experience, and splitting up a marriage is also a give-and-take situation. Rarely does one side get exactly what they want in a contested divorce, and even the most congenial divorces involve some sacrifices. Dealing with the emotional toll and life after divorce, however, is one that does not have a legal solution.

Divorce Involves More Than Financial Changes

Life after divorce and learning to live as single person after being married is about more than adjusting to a single source of income. Every divorce is different and poses its own set of challenges.

Spouses who have been together for years must cope with being single. Couples who have recently married might feel grief and regret, possibly mourning over "what could have been" had they only had more foresightedness.

Continue Reading ››

 Posted on October 28, 2014 in Prenuptial & Postnuptial Agreements

Signing prenuptial agreements has become a common practice before marriage, especially for wealthier individuals. They ensure a person’s wealth, assets, and property will not go to his or her spouse if the marriage ends in divorce. While it is true that prenuptial agreements are difficult to challenge, there are certain circumstances under which the court may omit certain stipulations within the agreement or throw it out completely.

Divorce cases are notoriously unpredictable. The intricacies of family law tend to make every case unique, and if a person wishes to challenge a prenuptial agreement, the matter becomes even more complex. For this reason, hiring an experienced family attorney may help ensure a more favorable outcome.

There are a number of common reasons for a prenup to be thrown out during divorce proceedings. One of the simplest is proving that the paperwork contains errors that make it invalid. This strategy may involve scrupulous amounts of paperwork analysis and verification, but it is not uncommon to find mistakes in a prenuptial agreement. While simple errors might not label the entire agreement invalid, they may render certain aspects of the agreement void.

Continue Reading ››