Posted on April 15, 2021 in Post-Judgment Modification & Enforcement

The divorce process is often a long and difficult one for the people going through it. It is no wonder, then, that once it is over, the parties involved feel relieved knowing their divorce decree is final. However, while the orders included in a divorce decree are legally binding, that does not mean they cannot be changed in the future. 

The courts do not take post-decree modifications lightly, but it is possible to obtain one when a person’s situation changes significantly. If you have gotten a divorce and now wish to modify one or more of the orders, below are some of the most important things you should know about these modifications.

Three Terms that Require Modification

In most cases, there are three issues that may require post-divorce modifications. These are:

Continue Reading ››

 Posted on April 13, 2021 in Child Custody

Summer is quickly approaching, and while this summer may be a little different with the pandemic still ongoing, it is sure to be more hopeful than the last. This may mean that parents make plans that include their children, whether that is going on a trip or even just keeping their child for an entire week instead of just for two days on the weekend.

Summer schedules are typically very different than they are when school is in session, and that is not usually a problem when the two parents are married. After a divorce, on the other hand, this can become a much bigger issue. If you have gotten a divorce and are trying to determine what your summer will look like, below are some tips that can help.

Summer Co-Parenting Tips

Co-parenting with your former spouse during the summer may seem like a challenge, but following these tips can help make it easier. This summer, make sure to:

Continue Reading ››

 Posted on April 08, 2021 in Divorce

Divorce is always an incredibly emotional process, but many people do not understand the legalities that go along with it. With so many important details to attend to, it is easy to make mistakes that can result in forfeiting your rights or making the divorce more expensive than it needs to be. If you are about to go through a divorce, it is important to avoid these common mistakes so you can protect your best interests while completing the process as quickly as possible.

Arguing Unnecessarily

It is not uncommon for couples to argue when they are going through a divorce. While an argument may arise between you and your spouse during the process, it is important to remember you should only engage in these disputes when necessary. Even then, you should only do so through your divorce attorney and not directly with your spouse.

Continue Reading ››

 Posted on April 06, 2021 in Mediation

If you are going through a divorce, you may fear a long and bitter courtroom battle. Fortunately, this is not necessary for all divorce cases, and some couples find that choosing mediation is a much better option. During the mediation process, each spouse will meet with a mediator that is a neutral third party. The role of the mediator is strictly to foster compromise and communication to help the couple reach an agreement on their own without the need for a divorce trial.

Mediation holds many benefits, including the fact that it can be less costly and take less time than a divorce trial. Spouses may also be more likely to comply with the agreement because they had a hand in creating it. Still, if you are considering mediation, it is important to know how to properly prepare so you get the most out of it.

Identify Your Goals

Continue Reading ››

 Posted on March 26, 2021 in Finances and Divorce

The long-term financial effects of divorce can be expensive. If both spouses work, you will need to learn how to survive on just a single income. That one income has to cover utilities, food, and other expenses, as well as fund savings and retirement investments. However, planning ahead can help. If you are considering a divorce, financial advisors suggest taking the following steps so you are on firmer financial ground if and when you decide to file.

Know Your Current Financial Situation

To begin, it is important to know your current financial standing. First, acquire all copies of any bank accounts and investment statements for the past year. You should also make copies of any income tax returns filed for the past several years. Request your credit report so you can see exactly what debts you owe.

Continue Reading ››

 Posted on March 24, 2021 in Child Custody

As a parent, after you get divorced, it can be difficult to adjust to spending less time with your kids. You will want to do everything you can to prevent the possibility that you will be required to limit your parenting time further, including addressing situations where your ex plans to move to a new location that is farther away from your home. In cases involving parental relocation, you should be sure to understand your rights and how these matters are addressed in court.

Parental Relocation Under Illinois Law

Divorced parents who live in DuPage County and other counties in the greater Chicago area will need to meet certain requirements if they are planning to move to a new home that is at least 25 miles away from their current home. If a parent who has the majority of the parenting time with their child, or who shares equal parenting time with their former partner, will be relocating, they are required to notify the other parent at least 60 days before the date of the planned move, or at the earliest possible date if they make relocation plans within 60 days of moving.

Continue Reading ››

 Posted on March 22, 2021 in Divorce

Many people grow up hearing from family members, teachers, and others that they need a college education in order to have a career, earn a good living, and provide for their future. However, according to a recent study, a college education may also mean a better chance of having a successful marriage—especially for women.

Marriage and Divorce Statistics for College-Educated Couples

Approximately half of first-time marriages in the United States last for about 20 years. A study conducted by the National Center for Health Statistics found that women who have a college degree have an 80 percent chance of staying married beyond that 20-year mark. The researchers used data collected through surveys and interviews to predict the probability of marriage success, much in the same way that researchers use data to predict life expectancy statistics. The data included men and women who were between the ages of 15 to 44 during the years 2006 through 2010.

Continue Reading ››

 Posted on March 16, 2021 in Mediation

When a couple is pursuing a divorce, two sets of lawyers are often used to address the legal issues that must be resolved. Each lawyer will represent their client’s best interests when negotiating a divorce settlement or resolving issues in court. Divorces can be lengthy and expensive, but if a couple can work together to resolve their outstanding legal issues, the process can be made easier and simpler. In these cases, divorcing spouses may want to consider divorce mediation.

What Is Mediation?

During mediation, a third-party mediator works together with the spouses to resolve legal disputes. In regards to divorce, a mediator can help couples end their marriage on their own terms. Couples will discuss the various aspects of their divorce with the mediator present, working to reach a decision regarding issues such as property division, parenting considerations, and spousal maintenance. If they are able to reach an agreement, their divorce settlement will be sent to the court for final approval.

Continue Reading ››

 Posted on March 15, 2021 in Divorce

Before a divorce, it is a good idea to review and completely understand the entire divorce process, including the ways in which law enforcement could help to protect you should any rules, guidelines, or orders associated with the divorce decree eventually be violated. If that were the case, here are some ways law enforcement, with the help of your lawyer, can assist you to ensure a smooth divorce transition.

3 Ways the Sheriff’s Office or the Police Might Assist with Family Law

1. Serving the Petition for Divorce—While it is true that your divorce lawyer will do all the preparation for your divorce petition if you are the one filing the petition, someone must deliver it to the other spouse. This cannot be done by just any person; oftentimes, it must be someone who is court-appointed. In many cases, this can be the sheriff from the DuPage County Sheriff’s Office Civil Division.

   Continue Reading ››

 Posted on March 09, 2021 in Asset Division

During the process of divorce, you are likely to experience many changes to your life. With all of the uncertainty that abounds, it is not uncommon for people in the midst of a divorce to try to maintain a level of security and stability by continuing to live in their marital home, even after their divorce is finalized. Staying in the family home, however, is not always quite so simple.

Crucial Considerations Regarding the Family Home

The family home is usually included in the division of marital property, so the question of which spouse, if either, will retain possession of the home will need to be legally resolved. If you are deciding whether you should pursue possession of the home, there are a number of important questions to consider, including:

• What is the state of the real estate market? If the home market is particularly hot and your home is likely to sell at a substantial profit, your best bet might be to sell and move into a new house—one that better fits your post-divorce situation. If the market is sluggish, you might be better off staying put.

  Continue Reading ››