Posted on May 17, 2023 in DuPage County Divorce Attorneys

Divorce and child custody battles can lead to strong emotions and heated arguments. This is where a collaborative process can prove invaluable. Using collaborative law, both sides can work amicably to come to non-adversarial decisions without court intervention. Resolving a divorce or family law dispute through collaborative law can be financially and emotionally easier on all involved in the divorce. 

What Is a Collaborative Divorce?

In a collaborative divorce, each involved party retains an attorney representing their interests. During this process, information is exchanged voluntarily, and settlement meetings are held to discuss and finalize agreements on key issues. 

This model aims to develop an agenda so both parties can have control over the divorce process. Here are some things you should know about the process:

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 Posted on May 09, 2023 in DuPage County Divorce Attorneys

No one enters a marriage thinking it will end one day. But a divorce can be financially devastating if you are not prepared. If you wish to get married or are already in wedlock, a formal marital agreement with your current or future spouse can protect your assets. Two of these agreements are called prenuptial and postnuptial agreements.

What Is the Purpose of Prenuptial and Postnuptial Agreements?

Post and prenuptial agreements are legally binding documents you can enter into with an existing or future spouse. The agreements allow couples to protect their assets and interests from uncertainties resulting from divorce or death. 

Without either agreement, the couple's assets are distributed as per Illinois laws. So drafting an agreement before or after marriage can protect you and your family from expenses and complex legal proceedings. 

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 Posted on May 03, 2023 in DuPage County Divorce Attorneys

When you are going through a divorce, the best case scenario is an amicable split in which both parties can work together and reach a mutually beneficial agreement. However, this is not always possible. As you consider your options, consider the following information about divorce litigation and mediation. 

Litigation vs. Mediation 

Irrespective of which path you choose, you and your spouse will face the same core issues: child support, alimony, allocation of parental responsibilities, parenting time, and asset division. The approach and process differ depending on the option you choose.

During the a divorce trial, both parties are on opposing sides. Each has a lawyer who presents their case and supporting evidence to convince the judge to rule in their favor. The ruling is left to the judge, which is final unless it is appealed. It should be noted that few divorce cases make it to trial. In most cases, the parties are able to reach a settlement during the litigation process. However, it is important to be prepared for this possibility. 

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 Posted on April 29, 2023 in Divorce

Divorce can be highly stressful, and when people are stressed, they can easily make mistakes. Throw intense emotions into the mix, and the chance of making a mistake increases significantly. Unfortunately, these mistakes can have long-lasting consequences, both financially and emotionally. If you are getting a divorce, hire a skilled divorce attorney to understand your legal options, as well as the implications of your divorce and what it may mean for the future.

Avoid Making These Mistakes When Getting Divorced

Here are some of the biggest mistakes people make while getting divorced, including:

• Failing to hire an experienced divorce attorney – One of the biggest mistakes people make during a divorce is not hiring an experienced divorce attorney. Divorce can be a complex legal process, and an experienced attorney can help you navigate the legal system, ensure your rights are protected, and help you achieve a favorable settlement.

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 Posted on April 27, 2023 in Parenting Time

Creating a parenting plan is an essential part of the divorce process for parents in Illinois. A parenting plan outlines how you and your ex-spouse will share parental responsibilities and parenting time. However, creating a parenting plan can be difficult, and there are mistakes that you should avoid making to ensure the best outcome for your children and family. As you embark on creating your parenting plan, consult with an experienced family law attorney, who will help ensure you complete your parenting plan successfully.

Mistakes to Avoid Making

Here are some common mistakes to avoid making when creating your parenting plan in Illinois, including:

• Not considering the child’s best interests – When creating a parenting plan, the child’s best interests should be the primary consideration. This means considering the child’s age, health, education, and emotional needs. Ensure that your parenting plan is designed to meet your child’s needs, not just yours.

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 Posted on April 26, 2023 in Division of Assets

When going through a divorce, one of the most important steps is to ensure that all assets are identified and properly divided. However, some spouses may attempt to hide assets in order to avoid having to divide them in the divorce settlement. If you suspect that your spouse may be hiding assets, there are several steps you can take to uncover them. First, remember to hire a divorce attorney to ensure you understand your rights and the options at your disposal.

Take These Steps Now

The first step is to gather financial records and documentation. This can include bank statements, tax returns, investment account statements, and any other financial documents that may be relevant. Look for discrepancies or unusual transactions that indicate that your spouse is hiding assets.

Next, strongly consider hiring a forensic accountant or financial investigator. These professionals are trained to uncover hidden assets and analyze financial records to identify irregularities or discrepancies. They may also be able to provide testimony in court if needed. You can also consider hiring a private investigator. They can help gather evidence of your spouse’s financial activities, such as bank account information, property ownership, and other financial records.

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 Posted on April 21, 2023 in Child Custody

A parenting plan is a crucial document that outlines how parents will care for their children after a divorce or separation. In the state of Illinois, parenting plans are required in all cases involving children. Despite their importance, many things need clarification regarding Illinois parenting plans that can lead to confusion and misunderstandings. Recently, we wrote a blog about the signs a parenting plan may need to be updated. Today, we will look at the most common misconceptions regarding parenting plans in Illinois.

Remember, if you have questions about creating a parenting plan, contact an experienced child custody attorney to ensure the process is followed correctly and meets the needs of all parties involved.

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 Posted on April 11, 2023 in Parenting Time

In Illinois, a parenting plan outlines the rights and responsibilities of each parent regarding the child's upbringing. It is a legally binding document that helps parents navigate their relationship with their children after a divorce or separation. However, sometimes the circumstances of the parents and the child change, making it necessary to modify the parenting plan. If you ever need to update your parenting plan, contact a parenting plan attorney to ensure your updated circumstances can be accurately reflected in an updated parenting plan.

Indicative Signs You Need to Update Your Parenting Plan

Change in living arrangements – If one parent moves to a different state, city, or even a new neighborhood, it can disrupt the current parenting plan. The distance between the parents' homes may make it challenging to adhere to the parenting time schedule, and the child's education and extracurricular activities may also be affected.

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 Posted on April 07, 2023 in DuPage County Divorce Attorneys

In case you are unaware, two distinct options exist for those going through a divorce who wish to avoid traditional litigation. These two options are collaborative law and mediation. Each has its unique features and benefits. However, they are often misunderstood and thought to be the same thing. Today, we will discuss the essential differences between collaborative law and mediation to give you a better idea of what each process is like and when such processes may benefit a couple getting divorced.

If you are interested in pursuing collaborative law or mediation, consult an experienced attorney who can help you start the process while ensuring your rights are safeguarded.

Mediation

Mediation is a form of dispute resolution in which a neutral third party, referred to as the mediator, helps parties in a dispute reach a mutually acceptable agreement. The mediator does not make decisions or impose solutions but facilitates communication and negotiation between the parties. Mediation is often less formal and less expensive than traditional litigation, allowing parties more control over the outcome of their dispute. Mediation can resolve various disputes, including family law matters, employment disputes, and business disputes.

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 Posted on March 30, 2023 in DuPage County Divorce Attorneys

Getting a divorce can put someone under a lot of pressure. This can cause stress and challenges in their day-to-day lives, especially when a child is involved. Children can also be deeply affected by divorce. A child may see a divorce as their family breaking apart, which can be extremely difficult, especially if the child is young. It is in the parent's best interest to look out for their child by deciding on a parenting agreement. This way, they can help ensure their child's divorce transition is as smooth as possible. 

What is a Parenting Agreement? 

A parenting agreement or parenting plan is a written agreement that both parents have agreed upon that allocates decision-making responsibilities and parenting time. The parenting plan can be submitted by each party or jointly. Once submitted, the court will look the plan over and consider it for approval. If the parents cannot agree on a parenting plan, the court may require the parents to attend mediation. During mediation, the parents will work with a mediator to discuss any disagreements, explore possible solutions, and work toward an agreement. 

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