Posted on January 26, 2023 in Divorce

In a recent post on this blog, we discussed what people need to know regarding uncontested divorce in Illinois. This time, we will talk about things that are essential to know about contested divorce. Firstly, a contested divorce occurs when the divorcing parties cannot cooperate effectively, to the point where litigation may be required. Contested divorces can begin from many places. For instance, divorce proceedings may begin amicably and become contested, whereas in other cases, the divorce may have been rife with conflict from the very beginning. 

Whatever the case, contested divorces are often quite time-consuming and expensive. Unfortunately, contested divorces, by nature, are usually more emotionally burdensome than uncontested divorces since, in contested divorces, the tension between the divorcing parties may be palpable. While contested divorces can be resolved through mediation, a contested divorce will likely mean litigation in many scenarios. If you are facing a contested divorce, contact an experienced divorce attorney who can advocate for you and your best interests throughout litigation, should litigation be necessary in your case. 

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 Posted on January 18, 2023 in Child Custody / Parental Responsibilities

While getting a divorce is never easy, it is often even more complicated if the divorcing couple has children. When a couple decides to get divorced, it is not entirely uncommon for one of the spouses to move away from where they lived during their marriage. This is often seen as a necessary first step in starting a new beginning and clearing their mind of the heartache they went through during the divorce. While it is true that moving can positively impact someone's mental health post-divorce, you must tread carefully if you are considering taking your child with you.

In Illinois, a parent cannot simply pack all their and their children's things and relocate somewhere far away without first getting the court's permission. Parental relocations are in no way guaranteed or automatic. For example, suppose your ex-spouse wishes to stop you from relocating, and they have been granted a share of the parenting time. In that case, the court will likely conduct a thorough analysis of the situation before reaching any decision. The court's eventual ruling will, in large part, be related to the best interests of the child. So, if you have gotten divorced and are interested in relocating with your child, contact an experienced attorney to ensure your rights remain protected and that the best interests of the child are kept at the forefront of all decisions made. 

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 Posted on December 27, 2022 in Divorce

It is not uncommon for spouses to get into arguments or disagree over many different issues. In some cases, a spouse may even threaten to pursue a divorce against you. The word divorce can be highly triggering to people simply because of everything that divorce represents. For most people, divorce is a significant life event, similar to a baby being born or someone passing away. Divorce is a big deal, which is why it may be shocking and upsetting to hear your spouse hang the idea of divorce over your head. 

At the outset, it must be stated that threats of divorce should be taken seriously. Accordingly, if your spouse has threatened divorce, consider consulting with an experienced divorce attorney who can inform you of your rights and help you prepare for the event of divorce and how you ought to proceed.

Considerations for When Your Spouse Threatens Divorce

If your spouse has taken the step of threatening to divorce you, try and take a deep breath. Many different things can be said in the heat of the moment that people do not mean. However, still take the threat of divorce seriously and try to evaluate your marriage and where it’s at. Threats of divorce can act as a wake-up call for some people and may mean that issues in the marriage must be addressed. These issues may include infidelity, communication problems, financial strains, substance abuse, or parenting differences. It is more probable than not that if your spouse is threatening divorce, it is not without reason. Looking within yourself and then evaluating your marriage can help you locate areas of concern that need to be addressed. 

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 Posted on December 19, 2022 in Divorce

Getting a divorce is never easy and can be especially difficult once the holidays come around. If you are coming up on your first Christmas since splitting up from your spouse, you may likely feel heartbroken and at a loss for what to do. These feelings can be amplified if you have children, have recently moved out of the marital home, or if your spouse has moved out of the marital home. In any event, if you have reason to believe divorce may be on the horizon for you and your family, this blog will delve deeper into how you can make your first Christmas since your separation from your spouse as tolerable as possible.

At the outset, if you feel you and your spouse are heading toward a divorce, consult with a knowledgeable and compassionate divorce attorney who will protect your rights and help guide you through this challenging time so that the process can be as seamless as possible. 

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 Posted on November 30, 2022 in Adoption

Raising children can be among the most rewarding and fulfilling things anyone ever does in their entire life. Few acts are more loving and sincere than deciding to pursue adoption to start or grow your family. If you are fortunate enough to be considering adoption as your avenue toward growing your family, you are likely filled with excitement and questions about how the process works. If you are considering adoption as an option you are interested in, consider consulting with an experienced adoption attorney who understands the process and will work to ensure your process is as smooth as possible. 

Steps to Pursuing an Adoption

 Once you have made the exciting decision to pursue an adoption, you must become aware of all the different dynamics that go into the process of adoption in Illinois. Generally speaking, in Illinois, an individual or couple is eligible to adopt if they can satisfy standard residency requirements and have a good reputation in the community. Prospective parents must also be financially stable and able to provide whoever they are adopting with adequate shelter and suitable housing. Single people, unmarried couples, and married couples can pursue adoption. 

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 Posted on November 18, 2022 in Divorce

Getting a divorce can be one of the saddest, most contentious, and bitter processes that a person can ever experience. At least, that is the usual assumption when it comes to getting divorced. It is undoubtedly true that many divorces involve lots of anger and unpleasantness, particularly when children are involved. However, what if there was a way to get divorced that was not quite so terrible? 

There is a divorce process that can end things in an amicable way that will leave both you and your soon-to-be ex-spouse feeling heard and respected once the divorce is finalized. This process is referred to as an uncontested divorce. If you are seeking a divorce and believe that you and your partner can handle things amicably and cooperate effectively, an uncontested divorce may be a good option for you. Consider consulting with an experienced divorce attorney with familiarity with uncontested divorces to get the process started. 

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 Posted on October 26, 2022 in Divorce

For many spouses, divorce mediation or other methods of cooperative divorce may be preferable to a prolonged courtroom battle. Divorcing spouses who use mediation may be able to save substantial time, money, and stress. However, alternative dispute resolution tactics may not be effective - or even worth trying - for every set of spouses. The process requires cooperation and a certain level of emotional maturity to succeed. Both spouses must be willing to make compromises with one another. Both spouses must be able to commit to participating in mediation or negotiation efforts.

While you and your spouse need not be amicable for divorce mediation to be an effective strategy, having a high level of conflict or certain types of intense conflict may mean that uncontested divorce is not likely to be a viable option for you. There are some signs that may lead your attorney to steer you toward the courthouse and away from a cooperative divorce. You also have the option of attempting to cooperate and then resorting to litigation should it fail. 

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 Posted on October 06, 2022 in Child Custody / Parental Responsibilities

For most parents, their greatest concern in a divorce is not who keeps the living room furniture, but rather, how much time they will get to continue spending with their children. Seeing the other parent obtain sole child custody is often a parent’s worst fear. If your spouse is threatening to pursue sole custody, or to keep the children from seeing you, you should know that this result is highly unlikely unless there is genuine evidence that you are harmful to the children. If no such evidence exists, courts in Illinois immensely favor a parenting time arrangement that allows both parents time with their children.

In most cases, you need not fear that you will never see your children again, regardless of what your spouse says. It is, however, important to promptly speak to an attorney, who can respond to the threat on your behalf and continue working to protect the precious time you share with your children. 

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 Posted on September 30, 2022 in Child Custody / Parental Responsibilities

Many recently divorced parents find it helpful to leave the area where they resided during the marriage to seek a new beginning elsewhere. Relocating can have a wonderful effect on the mental health of a newly divorced parent, particularly if the divorce was very challenging or the marriage itself was harmful. However, in Illinois, a parent cannot simply pack their children's belongings and relocate to a faraway area without first obtaining permission from the court. Parental relocations are not automatically granted if the other parent objects. If your former spouse resists the relocation and has been allocated any parenting time, the court is likely to conduct a thorough analysis before reaching a decision. As is true for all family law cases pertaining to children, this issue must be decided in favor of what is in the child’s best interests. It is important to consult an attorney before requesting permission to relocate with children. 

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 Posted on September 19, 2022 in Divorce

In Illinois, spouses have the option of legally separating rather than divorcing. Legal separations is an option for spouses who feel that they no longer want to live together as a married couple and would like legal recognition of their separation, but also do not want to divorce. Divorce and legal separation have some commonalities, but a few major differences. After a legal separation, you remain legally married, but may largely live as if you are divorced. As in divorce, you and your spouse will be able to formally divide marital property and create a parenting plan if you have children in common. There are a number of factors you and your spouse should consider before choosing between a divorce and a legal separation. If you are unsure which is best for you, an attorney may be able to help you understand how each may affect you so that you can make a well-informed decision. 

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