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November 2016 Archives

Divorce advice: what to do and what to avoid

The inherently tumultuous process of going through a divorce means that people are going to emotional and upset during the split, even if they say they are prepared for it. Divorce is simply a tough event in any person's life, and there could be moments within the divorce that test their patience and resolve. So today, we want to talk about some things that you should do while going through a divorce, and some thing that you should avoid.

Consider all aspects of scheduling when it comes to parenting time

Not every divorce that involves parents and a child will end in a joint custody arrangement. Sometimes, the dispute between the married spouses is so deep and emotional that there is no way for the two spouses to agree on shared custody. This is unfortunate, but it is also reality. For those divorcing couples that are able to agree to a joint custody arrangement, there are significant legal factors to consider.

Child support arrangements are not always followed

Around the country, there is no guarantee that divorced parents will financially contribute to raising a child, at least not in a legally-enforceable way. But in the state of Illinois, the law is clear. Both parents should contribute to that child's well-being and ensuring that the financial resources are there for the child to grow up and succeed. Child support, in this regard, is important to ensuring this goal is fulfilled.

Compliance during adoption process is critical

Adoption is often thought of outside of the context of a divorce. People may want to adopt a child in the United States or internationally, but this is the common idea when it comes to adoption. However, there are plenty of adoption cases that exist within the context of a divorce. When a divorce is on the table and an adoption is possible, the parties involved need to know where they legally stand and how the process could play out.

Are prenuptial agreements reserved for the wealthy?

To be blunt, the answer to the question posed in our title is "no." However, there is an element of truth to it. The more assets you have, the more likely it is that a prenuptial agreement could help you in case of a divorce. Since a prenuptial agreement is designed to provide legal protections and support for you and your spouse in regards to property division during divorce, then it only makes sense that the more wealth and assets you have, the more appealing and helpful a prenup would be.

A few tips to help you through the divorce process

Divorce is a complex legal process with a lot of matters that need to be tended to. On top of this fact, the outcome of the divorce can have massive ramifications for the splitting spouses – not just in the short-term, but in the long-term as well. Given both of these factors, it is not surprising that there are many potential pitfalls that could cost spouses during the divorce process. Avoiding these mistakes are essential to any divorcing person's future.

On legal separation and how it can help

The phrase "legal separation" means different things to different people, even though it is a defined legal process with a specific function. To some, legal separation means that a married couple has decided to live apart for a little while as they try to figure out their marital problems. To others, legal separation means a divorce. However, neither of these perceptions about legal separation are correct. It is not a divorce and it is not obtained by simply living in different places.

Collaborative divorce, mediation and the power of choice

There are a number of ways that a splitting couple can go about a divorce. The "traditional" method is to file for divorce and await a judge's decree on how some of the issues in your divorce will be resolved. While this may be the way that a couple wants to go through with their divorce, it robs the couple of the chance to make a customized agreement that fully considers their desires and wishes for their divorce agreement.

What is considered prior to a property division determination?

When the topic of property division comes up in a divorce, it is not something that is simply handled by having one spouse say "I get this asset" followed by the other spouse countering with "fine, but then I get this asset." Property division is not like a draft, nor is it a childish contest between two adults. Instead, there is a formal process for how property division is determined in the state of Illinois.

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