Posted on April 08, 2014 in Uncategorized

A divorce includes the legal end of a marriage. A judge reviews and approves the divorce settlement or, if spouses cannot concur to a settlement, decides how property is divided and how parenting time is shared. Until you get the court order signed by the judge, you aren’t officially divorced and cannot remarry. The rules which are different in every state include how long you have to reside in the state prior to you being able to file for divorce, how long you have to wait prior to your divorce being completed after you file, and how the state will treat alimony and child support.

If you have any questions about the Illinois divorce process, contact us today at our Illinois divorce attorney office at (312) 884-1222.

Here include the basic choices you have to handle the house after and during the divorce.

In most divorces, the family house is the pair’s largest asset. It also can be an extremely emotional item. It’s highly likely that you and your spouse determined in happier times that it was the place you wanted to spend the rest of your lives together, and it might be where your kids have lived the majority of their lives. It can make it challenging to let go and assign a value to it.

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 Posted on April 07, 2014 in Uncategorized

If you are in the middle of a divorce, and want to keep your family home, there might be great reasons to fight for it. Because keeping a home or selling it after divorce may be a huge, life-changing event, it is vital that you know your reasons are sound, and that keeping your house is going to be in your best financial interest.

The children: School-aged kids might be traumatized by your divorce, and having to move might add to their emotional distress. If you are concerned about this and are not certain what is best for the family, consider talking to a family therapist or child psychologist who is able to assist you in figuring it out.

Emotional attachment: It is oftentimes an extremely emotional decision whether you should keep your family home; and even though emotional attachment isn’t necessarily a ‘great’ reason, it is an understandable one. Most spouses will become attached to their house because, for instance, they have put a lot of work into constructing their dream home, and it will hold many good memories, or because their house has been within one spouse’s family for generations.

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 Posted on March 18, 2014 in Uncategorized

Here are some tips on how to get along well enough with your ex to make sure your children's emotional and physical needs are met and help your children get through the divorce feeling loved and secure. This is part 2 of a 2-part series.

(13) During time to pick up, don’t honk the car horn in front of the additional parent’s house. But, do not go in the house either – unless you’re invited in. Arrive on time for drop-off and pick-up and have your kids prepared to go.

(14) Transfers may be uncomfortable times. Be patient and kind with one another and the kids.

(15) Never place your kids within a position in which they must select between parents or determine where allegiance lies.

(16) Expect the kids to feel guilty, confused, abandoned and/or sad, in response to your separation/divorce. Acknowledge these feelings as being normal and tell them that although the family is going through a big change, your ex-spouse and you always are going to be their parents.

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 Posted on March 17, 2014 in Uncategorized

Co-parenting with an ex-partner will have its challenges, not the least of which includes communicating with somebody you might’ve been thoroughly unable to speak to, or even be within the same room with. But, your kids deserve the best out of both parents, whether you can stand one another or not.

Below are tips on how you can get along long enough with your ex-spouse to make certain your youngster's physical and emotional needs are met and assist your kids in getting through the divorce feeling secure and loved. This is part 1 of a 2-part series.

(1) Divorced parents may succeed at co-parenting.

(2) If you haven’t already done so, call a truce with your ex-partner.

(3) Set up a business relationship with your ex-partner. The business includes the co-parenting of your kid(s). In a business relationship there aren’t any expectations of approval and emotional support or emotional attachments. Appointments will be made to discuss business, meetings will take place, agendas will be provided, and discussions concentrate on the business at hand. Everybody is formal, polite, courtesies are observed, agreements are explicit, and communication is direct, written, and clear. You don’t have to like those you do business with, yet you must place negative feelings on the back burner to do business. Relating within a business-like way with a previous partner may feel awkward and strange. If you find yourself behaving within an ‘unbusiness’-like way, abruptly end the discussions and continue them at another time.

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 Posted on March 11, 2014 in Uncategorized

Child custody may be an extremely contentious factor in a divorce—and occasionally, the language which we use to define and discuss child custody arrangements also can be the topic of debate.

Physical and Legal Custody

The basic words are not overly controversial. ‘Legal custody’ can be defined as the right to make decisions concerning your youngster—things such as education (home-schooling, private, or public), medical/dental care (braces), and religious upbringing. The term ‘Physical custody’ will refer to the youngster’s physical presence in the home.

If you need help gaining custody of a child, contact us today at our Chicago joint custody lawyer’s office at (312) 884-1222 or fill out our easy contact form for a free consultation.

Sole and Joint Custody

The terms ‘joint’ and ‘sole’ may slightly be more complex. It is common for parents to share joint custody in order for them both to possess the legal right to have a say within decisions regarding the youngster. Unless the parents cannot get along whatsoever and each decision might be a battle, judges likely will award joint legal custody. However, as it looks as if joint legal custody might trigger conflict, a judge will award one spouse sole legal custody, or will occasionally designate one spouse as having a ‘tie-breaker’ vote if there is a disagreement.

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 Posted on March 10, 2014 in Uncategorized

Every state uses a ‘best interest of child’ standard within custody cases that are disputed. It’s a rather amorphous standard, and a standard which lends itself to judges’ subjective thoughts concerning what is best for kids. Though, there will include some factors you can expect a judge to take into account.

Age of children

Even though the ‘tender years’ doctrine has been out of fashion officially, a few judges still think that younger kids should reside with their mothers, particularly if she has been the main caregiver.

Parent’s living situation

Occasionally, the parent who remains in the family house is given custody of the kids because it permits the kids continuity and stability in their day-to-day lives. At times, the parent who has custody is given the family home, for that same reason. If you’re crashing over your friend’s basement as you get back on your feet, do not expect to gain main custody of the children. If you want to spend a substantial quantity of time with the kids, ensure your home situation reflects this. The proximity of your house to your partner’s also may factor in to a judge’s decision. The more nearby you are, the more likely a judge is going to order a time-sharing plan which provides both parents substantial time with the children. The locality of their school, as well as sports and social activities also may matter.

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 Posted on March 04, 2014 in Uncategorized

Getting through a divorce might be easier if you are informed of the process before it starts. This post from our Chicago sole custody lawyer’s office provides 4 tips to aid in steering you through this tough time.

1. Court Isn’t All It Is Cracked Up to Be

As things aren’t going well within a divorce case, one partner might threaten to terminate negotiations and move forward with court proceedings. But, the path to a divorce trial is costly and long. The cost of a trial may deplete the assets which often are the subject of a dispute. Even simplistic matters may require several court days to complete, and upon spending thousands of dollars, partners and their lawyers are left with the uncertainty of how a judge might rule.

2. Think about Court Alternatives

Many individuals believe every divorce ends up in court. As a matter of fact, there are alternative methods of resolving divorce cases. One way includes ‘mediation’ where a mediator (neutral 3rd party uniquely trained to work on divorce cases) facilitates one-on-one negotiations between spouses and assists them in working out mutual agreements. This mediator often recommends that each partner consult with a lawyer as the mediation process is proceeding. But, these consulting lawyers do not attend these sessions.

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 Posted on March 03, 2014 in Uncategorized

These rules will apply to same-sex and opposite sex couples who are civil union partners, as well as opposite-sex married couples.

Grounds for Divorce

The state of Illinois recognizes both fault and no-fault grounds for divorce. To obtain a divorce based upon no-fault grounds, otherwise referred to as ‘irreconcilable differences,’ both parties must’ve been separated for at least two years. If both parties concur in writing to the divorce, only a 6 month separation is needed.

But, if both parties do not concur to the divorce, haven’t been separated for at least two years, and cannot get the court to waive a separation requirement, one of the partners may file for a divorce based upon fault grounds. Such grounds involve a felony conviction, cruelty, desertion, bigamy, adultery, or impotency. The Illinois family law court might require the partners to go to counseling or a conciliation conference or if there are kids involved, an educational program concerning the effects of divorce on kids.

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