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January 2016 Archives

What can I do if collaborative law didn't work?

The collaborative approach to family law issues is a new and wonderful way of solving problems related to divorce. Whether individuals use the collaborative approach for a divorce, child custody arrangement or property division, there is always the possibility that the issues cannot be resolved. If the collaborative approach does not work, there are other options available to divorcing spouses for resolution of family law issues.

Know what to expect with child support

The process of divorce involves numerous important elements that must be hashed out before the process is complete. One of the most important and often most argued over elements is that of child support. Although many divorcing parents assume child support is based on a simple calculation, there are several different factors that should be considered when calculating child support payments.

What are steps unmarried fathers can take to gain custody?

Every father should have parental rights regardless of relationship status. Although many unmarried fathers may feel that seeking visitation or custody is impossible, the family court still believes that involvement of both parents is usually in a child's best interests.

The property division and divorce checklist

Divorce has a way of complicating every aspect of a person's life. It obviously affects an individual emotionally, but can also be financially and mentally draining. Although there is little that can legally be done to alleviate the emotional toll divorce takes, working with an attorney can help you stay sane during the process. Depending on how organized you are upon meeting with your attorney, you may also be able to save financially as well.

Can race become an arguing point for custody?

It is not at all uncommon for divorced parents to argue over their ex-spouse's lifestyle and decisions. Many times, even after months of amicable, collaborative decision-making divorced parents may find new reasons to argue for a change in custody. Although the family court typically takes the best interest of the child into account first and foremost when determining custody, there are certain arguments a parent may make to the court that has little to do with their child's best interest and more to do with their own.

Child support should not be overlooked

Typically during heated divorce litigation, spouses tended to overlook one of the most important elements of post divorce child rearing; child support. While much time is spent arguing over who gets what and where the children will live, child support is one aspect that often gets set on the back burner until the very end. However, a family's financial stability is as paramount to a child's well-being as their health. Providing this, financial stability is the responsibility of both parents, but in divorce this support is offered through child support payments from one spouse to another.

Increased value of non-marital property may be divided

Sometimes even the most well-prepared individual faces a difficult divorce. Despite their best attempt to keep accurate records and separate property, some individuals experience major issues when assuming ownership over property they believed to be non-marital property. In some cases, a portion of an individual's non-marital property may be subject to division in a divorce.

What are the steps of a collaborative divorce?

For many people, the whirlwind of information that is addressed during a typical divorce can be exhausting. To help keep divorcing couples on task and relatively stress-free, a collaborative approach to divorce was created. In typical divorce cases, negotiations, arguments and repeated contests of rulings and orders can have couples bouncing back and forth throughout the process. Individuals participating in a collaborative approach to their divorce are kept on task by their attorneys through a step-by-step process.

Keeping a high asset divorce record private

Typically, family court proceedings are a matter of public record. This is true with most divorce cases and can be true with other matters of family law unless the identity of the minors or victims of sexual abuse must be protected. Especially for couples in a high asset divorce, the divorcing couple may ask the family court to keep their divorce proceedings private. This act is known as keeping records under seal. While it is not common for most divorce cases, filing divorce proceedings under seal is not completely unheard of.

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Goddard & Malmquist
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Barrington, IL 60010

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