Posted on April 16,2024 in Children of divorce

There is a common saying that children lose the most in a divorce. Research has found that regardless of how quickly parents adjust to the divorce and move on, children sometimes do not. Instead, the impacts of the divorce can stretch well into a child’s adult years.

When choosing a divorce attorney, seek one who is compassionate and understands the effect of divorce on children. He or she can advise you on how to best protect your child.

While there are several ways divorce affects children, this article will discuss three main impacts divorce can have on a child.

The Child May Act Out

Children whose parents divorce experience a broad range of negative emotions, such as sadness, confusion, and anger. This can cause them to lash out and engage in risky behaviors. Research shows that children of divorced parents are more likely to:

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 Posted on April 08,2024 in Uncontested Divorce

When someone files for divorce, it immediately triggers a legal process that requires both parties to agree on many things. One of those things is the divorce itself. If one spouse does not agree to the divorce, or to any other factors in the divorce like child custody or alimony, it becomes what is called a “contested divorce.” This often becomes a difficult and messy process that requires the help of a skilled family lawyer. Having a prenuptial agreement, however, can resolve many of the issues that couples often confront during divorce.

What Happens in a Contested Divorce?

Litigating a divorce case, or fighting it out in trial, is a last resort that courts do everything they can to avoid. If a couple cannot agree on certain issues, the judge presiding over the case will usually order the couple to attend mediation. In mediation, a neutral party appointed by the court called a mediator will try to get both sides to resolve their differences. The mediator will speak to both sides together and to each side separately to try to achieve a resolution.

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 Posted on April 03,2024 in Spousal Support

Getting a divorce can be a painful and drawn-out process which does not necessarily end when the marriage does. Couples who want to get divorced should hire an experienced lawyer to help walk them through the legal ramifications of dissolving a marriage. These ramifications can include dividing marital assets, child custody, and spousal support, otherwise known as alimony.

This article will discuss what alimony is, who is entitled to it, and how it is calculated.

What is Alimony?

Alimony is financial support given by one party to another following a divorce. While not every divorce involves alimony payments, many do, especially if one party is not financially independent.

If a court grants a spousal maintenance order to one of the parties, it means he or she must pay alimony to the other. The order will specify the amount of each alimony payment and the duration of the term in which payments must be made.

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 Posted on March 28,2024 in Child Support

When life circumstances change, adjustments to child support payments may become necessary. Specific legal provisions govern the process of modifying child support orders. An Illinois lawyer can help you with these adjustments, ensuring that both parents and children receive fair treatment.

Understanding the Grounds for Modification

In Illinois, child support orders can be modified under certain circumstances. The primary grounds for modification include:

• A significant change in either parent’s income, employment status, or financial situation can justify a modification.
• Changes in the child’s needs, such as medical expenses or educational costs, may also warrant an adjustment.
• If the amount of parenting time spent with each parent changes substantially, child support may need to be recalculated.
• Child support obligations may be modified when a child becomes emancipated (reaches adulthood) or develops a disability that requires ongoing financial support.

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 Posted on March 22,2024 in Divorce

Going through a divorce while running a business can be an overwhelming experience. It is important to understand the legal implications and take proactive measures to protect your business interests. An Illinois lawyer can provide valuable insights and legal tips to help you through this challenging period.

Understand Your Business Structure

The legal structure of your business plays a crucial role in determining your rights and obligations during a divorce. If your business is a sole proprietorship or a single-member LLC, it may be considered part of your marital estate, subject to division. However, if you have a partnership or a corporation with other shareholders, the business may be considered separate property, depending on the circumstances.

Valuation and Division of Business Assets

One of the most significant concerns in managing a business during divorce is the valuation and division of business assets. Under Illinois law, marital assets, including business interests, are subject to equitable distribution during a divorce. This means that assets will be divided fairly and justly, considering various factors such as each spouse's contributions, earning potential, and future needs. However, it is important to note that equitable distribution does not necessarily imply an equal split; the division may be disproportionate based on the case's specific circumstances.

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 Posted on March 15,2024 in Child Custody

For divorced or separated parents in Illinois, the issue of relocation and how it affects child custody can be a complex and emotionally charged one. When one parent wishes to move a significant distance away from the child(ren), it raises important questions about maintaining the other parent’s relationship with the child and serving the child’s best interests. An Illinois lawyer can help you understand the guidelines and how relocation cases are evaluated.

The Legal Standard

Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609.2), the parent seeking to relocate takes on the burden of proving that the relocation is in the best interests of the child. The court will consider several factors, including:

• The reasons for the intended relocation

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 Posted on March 12,2024 in Family Law

Deciding to adopt your stepchild can be an exciting and meaningful process for your blended family. Under Illinois law, stepparent adoption allows a stepparent to become the legal parent of their spouse's child. This transfers all the rights and responsibilities of legal parenthood to the adoptive stepparent. If you are considering stepparent adoption, an Illinois lawyer can help make the process easier by knowing exactly what steps to take.

Initiating the Adoption Process

The first step is to file a petition to adopt. This petition is submitted to the court in the county where you live. You will need to include personal information about you, your spouse, and the child, as well as details on things like the following:

• Your marriage date.
• The length of time which you have known the child.

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 Posted on March 11,2024 in Family Law

If your child is going through a divorce, you may be worried about maintaining your relationship with your grandchildren. Divorce can disrupt grandparent-grandchild bonds, but Illinois law provides some protection for grandparent visitation rights. An Illinois lawyer can help you determine what you need to know to protect your access to your grandchildren during and after your child’s divorce.

Your Visitation Rights Under Illinois Law

Illinois law allows judges to provide visitation rights to grandparents if it is in the child’s best interests. As a grandparent, you can petition the court for visitation if one of the following circumstances applies:

• One of the parents has died or has been declared mentally ill or incompetent.
• The parents are going through a divorce or have been divorced for under a year.

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 Posted on March 05,2024 in Child Custody

When parents decide to separate or divorce, one of the most crucial and emotionally challenging aspects is determining child custody arrangements. Mediation is an increasingly popular alternative to traditional court proceedings for resolving child custody disputes. An Illinois lawyer can help you determine when seeking mediation for child custody is appropriate.

Understanding Child Custody Mediation

Child custody mediation is a process in which a neutral third party, known as a mediator, facilitates communication between parents to help them reach a mutually agreeable custody arrangement. The mediator does not make decisions but rather guides the parents in discussing their concerns and exploring potential solutions that prioritize the child's best interests.

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 Posted on February 28,2024 in Divorce

Divorce is a complicated process. There are so many factors to take into consideration and steps that need to be completed that it can feel hard to keep track of it all. This is true even in the beginning stages of a divorce. How do you even begin divorce proceedings? Does it matter where you file for divorce? Does it matter who does? Below, we will examine any implications there may be regarding who files for divorce. Of course, a knowledgeable Aurora, IL divorce attorney can provide more detailed information that will be relevant to your specific case.

Does It Matter Who Files First?

In the state of Illinois, whoever files first for divorce has no bearing on the proceedings that will follow. As Illinois is a no-fault divorce state, neither side should provide any reason other than “irreconcilable differences” for wishing to end the marriage. As such, there is no legal advantage to filing first since neither side needs to prove anything other than the fact that they simply cannot get along anymore.

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