Posted on December 00,0000 in Child Custody

Among all of the things that you must take care of when you are going through a divorce is your children. In Illinois, you are required to create a parenting plan that outlines parenting time, parental responsibilities, where the child spends certain holidays and when the child will be moving between homes. Illinois courts prefer you and your ex-spouse to come to an agreement before you go to court, but in the event that you cannot, the court will decide your parenting plan in a proceeding.

This realm of divorce can be confusing because Illinois has adopted the terms “parenting time” in place of “physical custody” and “parental responsibilities” in place of “legal custody.” Here are answers to some frequently asked questions about parenting plans in Illinois:

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 Posted on December 00,0000 in Divorce

When it comes to divorce, there can be a lot of confusion around how it works, the legalities of it and how it affects you in the long run. Some of this confusion can be attributed to the difference in laws between states, some can be contributed to the portrayal of divorce in movies and television, but much of the confusion surrounding divorce is because no two divorces are the same. Stories that you hear about other people and their divorces can be misleading because much like people, no two divorces are the same. Allowing yourself to be consumed by divorce myths can be detrimental to your divorce success. Here are four common divorce myths and the realities behind them.

If You Cheat, You Will Suffer in the Divorce

The notion that adulterers lose in a divorce is an antiquated one. While cheating brings about many types of issues and can be emotionally damaging, Illinois does not recognize cheating as grounds for making decisions about divorce-related matters. The Illinois Marriage and Dissolution of Marriage Act states that one of the purposes of the Act was to “eliminate the consideration of marital misconduct in the adjudication of rights and duties incident to dissolution of marriage.”

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 Posted on December 00,0000 in Prenuptial Agreement

Although it may have never crossed your mind, prenuptial agreements can be beneficial for many people - not just those who are wealthy. Prenuptial agreements are legal contracts that couples sign before they are married that can hash out the details of things like property division or spousal support in the event that the couple was to ever get divorced. Each state has its own laws pertaining to prenuptial agreements and agreements in Illinois are subject to the Illinois Uniform Premarital Agreement Act. The Act dictates everything from how prenuptial agreements must be constructed, to what can and cannot be included in prenuptial agreements. As with most things in the legal world, prenuptial agreements can become tricky, but here are four things that you should know before committing to a prenuptial agreement.

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 Posted on December 00,0000 in Divorce Finances

When you hear people talking about divorce, they are probably talking about one of three things: how it affects you emotionally, how it affects your children, or how financially debilitating it can be. Marital life typically means that all of your finances and assets are entwined with each other, making it a difficult and stressful time for you when you go to separate them. Divorce can leave you with a sad bank account, a less-than-favorable credit score and thoughts about how you will pay bills alone. Although these issues can weigh on you, there are things you can do to help yourself after your divorce.

Educate Yourself

Before you begin creating a plan of attack for your finances, you have to know what you are working with. One of the first things you need to do is to take stock of all of your assets and debts and determine what is now yours. Divorce means you will be splitting all of these things, though not necessarily equally, but equitably. Figure out what you are working with and then go from there.

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 Posted on December 00,0000 in Allocation of Parental Responsibilities

If you are a divorced parent, you probably know how difficult celebrations and get-togethers can be, especially when they involve family or your children. Halloween is a very child-oriented holiday and can be stressful for some parents if they do not know how to handle it. With trick-or-treating, Halloween parties and choosing a costume, there are many things that you must discuss with your ex-spouse, whether you like it or not. Like many things in life, communication is key when having a happy Halloween. Here are four tips to help your child have a good spooky season.

Communicate, Plan and Prepare

It has already been said, but it needs to be said again - communication is key. You should probably have had these discussions a few weeks ago, but if you have not, you need to have them as soon as possible. Talk with your ex and figure out a game plan as far as school Halloween events, such as parties or parades. You should also discuss how you both will spend Halloween with your child and who will be doing what.

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 Posted on December 00,0000 in Parenting Time

When it comes to children of divorce, Illinois courts are not really concerned with either of the parents. The courts’ first and foremost concern is the children themselves and their well being. It is of the opinion of Illinois courts and Illinois law that children are best off having a close and loving relationship with both of their parents. This is why the Illinois Marriage and Dissolution of Marriage Act states that “it is presumed that both parents are fit and the court shall not place any restrictions on parenting time.” But because the courts’ primary concern is the children, they will, in fact, place restrictions on parenting time if they find that the child’s overall well being would be endangered by spending time with one or both of his or her parents.

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 Posted on December 00,0000 in Prenuptial Agreement

As many as half of all marriages in the United States end in divorce. While divorce still tends to have a negative stigma surrounding it, it is often the best choice that a person can make. You are better off being divorced and happy than continuing to live in a miserable marriage. Some people may think that a divorce is the end of their romantic lives, but many people use their divorce as an opportunity to reconnect with themselves and find a partner who is the right fit for them. If you are considering remarriage, it does not come without its own set of complications. Here are three things you should consider before you tie the knot again:

Make Sure the Timing Is Right

Experts say that you should wait about a year before you begin dating again after you have been divorced. This allows you to spend some time outside of a romantic relationship, which you can use to get in touch with yourself, rediscover your interests and determine what you want in your next romantic relationship. Remarrying too soon after a divorce can be a recipe for failure, but the timing can differ for everyone. If it feels natural to get remarried, then you are probably ready.

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 Posted on December 00,0000 in Divorce

It has often been said that marriages do not just break - they get weaker and weaker over time and eventually just fall apart. Issues can arise when one spouse begins to notice problems with the marriage, while the other spouse is blissfully unaware of the troubles. You have two choices when it comes to this - either mutually agree to work on your problems together or call it quits and get a divorce.

Making that decision can be one of the biggest decisions you will make in your life, which is why it is so stressful. Many times, the signs that your marriage is eroding away are not always obvious and can seem normal. Here are four signs that you should be looking for if you think it might be time for a divorce:

You (or They) Are Not Willing to Work on the Marriage

One of the major signs that you might be heading toward a divorce is when your or your spouse are not willing to work on the issues that you have. If it is just one person trying to fix the marriage, it is not going to work - the two of you are in it together so the two of you have to work it out or call it quits.

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 Posted on December 00,0000 in Divorce Finances

One of the biggest questions people have when they begin the divorce process is how it will affect their finances. Many people forget how interwoven their lives become with their spouse’s lives until they go to separate them. Especially when it comes to your finances, things can become confusing and stressful. The decisions you make during your divorce will affect you for many years to come, if not the rest of your life. One of the ways you can ensure your finances are taken care of and your assets are distributed correctly is by having a lifestyle analysis prepared.

What Is a Lifestyle Analysis?

Simply put, a lifestyle analysis creates the basis for what your standard of living was during the marriage. It is basically the complete financial picture of the most recent years of your marriage. Your lifestyle analysis will include:

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 Posted on December 00,0000 in Spousal Support

Unlike child support, spousal support is not guaranteed in Illinois divorces. When you get a divorce and you and your ex have a child together, the spouse who has the child a majority of the time will receive child support payments, whereas it will be determined whether or not a maintenance award is even appropriate. Certain circumstances and factors are examined to make this determination, including the income of each spouse, any impairment of each spouse’s earning capacity, the duration of the marriage and the standard of living that was established during the marriage. Even if you are awarded a maintenance payment, the length of the award depends on a number of factors, as well. Length of Marriage Will Determine Length of Payments.

According to the Illinois Marriage and Dissolution of Marriage Act, the length of time you were married will directly impact the length of time you are paid maintenance payments. The Act outlines specific multipliers to use with the length of marriage in years to find out the duration of your payments. Examples of the multiplying factors include:

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