Posted on October 17, 2019 in Divorce

Getting a divorce is an upheaval of your entire life as you know it. Your living arrangements, your financial situation, and even the people who are present in your life may all change. If you have children, you also have to consider how all of these changes will affect them and how you will work to ensure they have as stable of an environment as possible. During your divorce, you will also have to come up with a plan as to how you and your ex-spouse will raise your children together, even though you are no longer a couple. All of this information will be contained in a parenting plan, which will be your “parenting manual” once your divorce is final.

What Is a Parenting Plan?

A parenting plan is a written agreement that is part of a divorce decree. The parenting plan will contain information about how parenting time is allocated and how parental responsibilities are handled. Within 120 days of filing a petition for allocation of parental responsibilities during divorce, you must also submit a parenting plan either together with your ex-spouse or separately. If you and your ex-spouse do not agree on a parenting plan, the judge in your divorce case can order you both to attend mediation, where you will work together to come up with a plan that you can both agree on. If you are unable to reach an agreement, the judge will make decisions for you about how these matters will be handled.

Continue Reading ››

 Posted on October 09, 2019 in Divorce

When you have children, it changes your entire life. You put their wants and needs before your own much of the time, and you always want what is best for them. This is why many couples try to “stay together for the kids” even if they are not happy in their relationship. While this may seem like a good idea, studies have shown that staying in an unhappy marriage for the sake of the children actually does more harm than good. Children who grow up in unhappy households tend to have more problems than children whose parents got divorced. While it is true that a divorce can affect the children, there are things you can do to help protect your kids as you and your spouse separate from each other.

Take Your Fighting Elsewhere

Most people do not plan to have an argument, and disagreements or fights often happen in the heat of the moment. With that being said, it is important to avoid fighting in front of your children if you can help it. Studies have shown that children who are exposed to their parents’ constant fighting tend to have more behavioral and/or emotional issues. If you and your spouse have an issue you need to resolve, make sure you do it out of earshot of the children.

Continue Reading ››

 Posted on October 02, 2019 in Divorce

Parenting a child is rarely easy, especially if you are now a single parent. Though co-parenting can be extremely beneficial for the children, it does present many challenges for parents. Some divorced couples can call it quits and never have to speak to each other again. However, as a parent, you will always be attached to your ex-spouse because of your children. Co-parenting can be difficult, because you may still have feelings of anger or sadness toward your spouse, but you still have to work with them in order to be the parents your children deserve. Here are a few tips that can help you be the best co-parent you can after your Illinois divorce:

Do Not Put Your Kids in the Middle of You and Your Ex’s Problems

In many cases, divorce is not a mutual decision. This can breed feelings of resentment or anger toward your ex-spouse, which can be difficult to control. However, it is important to remember that your issues with your ex are not your child’s issues, and it is not fair of you to put your children between the two of you. Never use your children to convey messages to the other parent, and never confide in your children about the issues between you and your ex-spouse.

Continue Reading ››

 Posted on September 27, 2019 in Divorce

There are many stressors that come with a divorce. During this time, you are probably feeling a plethora of emotions, ranging from anger to relief to sadness. You may also be feeling worried or anxious about what life after divorce will be like. Will you have enough money? Will you be able to support yourself? Will you still be able to give your children the life they deserve? The emotional and financial stresses of divorce often combine into what feels like a huge avalanche. Some of the concerns you may have about life after your divorce may be able to be addressed with spousal maintenance.

Will I Receive Spousal Maintenance?

If your ex-spouse earns a significantly larger income than you, they may be obligated to pay spousal maintenance (also known as alimony) that will allow you to maintain the standard of living you had during your marriage. Not every divorce case will involve spousal maintenance, and determining whether alimony will be appropriate depends on the circumstances of the individual case. When a judge is determining whether or not to award spousal maintenance, he or she will look at a variety of factors, including but not limited to:

Continue Reading ››

 Posted on September 20, 2019 in Divorce

Divorce is the legal process of separating yourself from your spouse, but as much as it is a legal process, it is also an emotional one. Though you may be feeling stressed, angry, and sad, your children are also feeling the pressure -- perhaps even more than you are. Many children do not understand divorce, especially if they are young. One of the hardest things for children is adapting to all of the changes that take place so quickly during a divorce, such as their living arrangements and shared parenting time. One type of parenting agreement that many modern parents have flocked to is called a “nesting” parenting arrangement.

What Is a Nesting Agreement?

Nesting arrangements are aptly named; in one of these types of parenting agreements, the “nest” is the family home. The children continue to reside in the family home like they did while the parents were still married, and the parents are the ones who take turns coming and going. Nesting arrangements allow for minimal disruption to children’s lives and are most commonly used as a transitional type of parenting arrangement until the parents agree on a more permanent schedule.

Continue Reading ››

 Posted on September 13, 2019 in Divorce

Unless you have gone through the divorce process before, you probably do not know what truly happens when a person decides to legally end their marriage. Most people’s understanding of divorce is taken from movies and television shows or pieced together from things they have heard from friends and family who have gone through the process. This can result in some less-than-accurate understandings about divorce and how the process works. However, it is important to have a realistic idea of what to expect if you are thinking of getting a divorce. Here are a few common divorce myths and misconceptions and the truths behind them:

1. You Have to Have a Specific Reason to File for Divorce

Since 2016, Illinois has been a purely “no-fault state” when it came to divorce. Before that, Illinois law provided 10 possible grounds for divorce, and a person would state one or more of these as reasons their marriage should be dissolved. The old grounds for divorce included things such as mental cruelty, adultery, habitual drunkenness, and abandonment. Now, the only grounds recognized are irreconcilable differences, which simply means that a marriage has broken down beyond repair.

Continue Reading ››

 Posted on September 06, 2019 in Family Law

Some of the most difficult concerns you will face during your divorce are the issues that are related to your children. Many parents worry about the well-being of their child when they get a divorce, both emotionally and financially. The state of Illinois believes that both of a child’s parents have an obligation to financially provide for that child, so almost all divorce cases involving children also involve child support. The amount of child support payments will depend on a variety of circumstances, including each parent’s income, the number of children that support is being paid for, and how parenting time is allocated between the parents. Once a support order is established, that order will remain in effect until the child reaches adulthood -- unless a parent requests that the order be changed.

Continue Reading ››

 Posted on September 03, 2019 in Family Law

For many people, adoption is a very rewarding and fulfilling way to expand their family. If you are considering adoption, there are certain processes that you must go through and qualifications that you must meet before you are permitted to adopt a child. In the state of Illinois, a home study is an important piece of the adoption puzzle. No matter which way you choose to adopt -- whether through a private agency or individual or through the Illinois Department of Children and Family Services -- you will have to complete a home study as a part of the requirements to adopt.

Why Are Home Studies Used?

Many people believe that a home study is simply a home visit to talk to you and the other family members in your home. While this included in an adoption home study, it is just a small piece of the bigger process. Home studies are intended to allow social workers to evaluate families and determine whether they have not only the financial resources to adopt a child, but also the emotional ability to accept a child into their family.

Continue Reading ››

 Posted on August 27, 2019 in Divorce

Some things we just know to be true, like the fact that the sky is blue or the grass is green. Another universal truth is that divorce is going to be stressful, no matter which way you look at it. In fact, some have said that divorce is the most stressful life event a person can go through, right after the death of a loved one. While we all understand that this situation is going to be difficult, it does not have to be excruciatingly so. There are things you can do to make the divorce easier on you and give you a little bit of peace during this hectic time. If you are feeling stressed out about your divorce, try following these simple tips:

1. Do Not Fight Your Feelings

One of the most important things you should remember is that everything you are feeling is normal. You may be feeling sad, depressed, angry, bitter, or even hostile, but it is important that you allow yourself to feel these things. Emotionally healing after a divorce is a process, and going through your emotions is part of that process.

Continue Reading ››

 Posted on August 22, 2019 in Divorce

Every parent only wants what is best for their child. For parents, divorce can be incredibly complicated and stressful, since not only do the decisions made affect one’s own future, but they will affect children’s futures too. Divorce does not always come at the best time, and parents with teenage children may worry about the upcoming costs of their child’s higher education. Normally, child support payments only last until the child turns 18 or graduates from high school, whichever comes later. A parent may worry about covering the costs of a child’s college education, and it is important to understand how Illinois law addresses these expenses.

Parental Contributions Toward College Expenses

Illinois courts understand how expensive college can be, and they recognize the importance of a college education for children’s success. Illinois law provides guidelines for how parents may be required to contribute toward children’s college expenses, which expenses are covered, and how they will be paid. Educational expenses must be incurred before the child turns 23, or, if good cause is shown, no later than the child’s 25th birthday. Contributions to educational expenses can be awarded out of the property and income of both parents and can be made payable directly to the student or to the school. Prior to awarding money toward the child’s education, the court may require the family to fill out the Free Application for Federal Student Aid (FAFSA).

Continue Reading ››