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Recent Blog Posts
Top 4 Reasons for Divorce Litigation in Kane County
Divorce is hardly ever a pleasant affair. Even amicable divorces can be challenging on a number of levels. However, when a couple is able to settle the issues surrounding their divorce through negotiation or mediation, it can save them time, money, and stress. Unfortunately, this is not always possible. Uncontested divorces require a level of cooperation and reasonableness from both spouses that is not always achievable.
Although divorce litigation can be difficult, there are a handful of reasons it may become necessary. If you anticipate that your divorce will be contested, it is especially important to seek out strong legal representation. You will need a knowledgeable advocate to protect your interests during this conflict.
Why You Might Go Through Divorce Litigation
It can be immensely frustrating when all you want is to resolve your divorce as quickly and easily as possible, but your spouse is making that impossible by behaving unreasonably. When you cannot reach an agreement, it may be necessary to go to court and ask the judge to make decisions instead. Major reasons spouses end up contesting their divorces include:
Who Can Receive Spousal Maintenance in Illinois?
Sometimes known as “alimony,” the issue of spousal maintenance can lead to conflict during a divorce. If you gave up a career or educational opportunities in order to devote yourself to the marriage by raising children or running the household, you may be eligible to request and receive spousal maintenance during a divorce. Divorce law can be complicated, and every divorce comes with stress, and it may be in your best interest to have a family law attorney representing you in your Illinois divorce.
Who Qualifies for Spousal Support?
The court’s goal in awarding spousal maintenance is to make sure both parties will be able to maintain their standard of living and to avoid a situation where one spouse is suddenly unable to meet their needs. Either spouse can ask the court for spousal maintenance, regardless of gender. In situations where both spouses worked for pay during the marriage and would be able to support themselves alone, the court is unlikely to order spousal maintenance - even if one spouse outearns the other. However, the court may consider each spouse’s respective financial needs when dividing other property.
What to Expect at Your First Estate Planning Attorney Visit
If you are considering meeting with an estate planning attorney for the first time, you might have some questions about what to expect during this appointment. During this first appointment, your attorney will ask a lot of questions meant to get to know you and what your goals are. You will go over what types of property you own, who you may want to leave property to, and perhaps some medical decision-making issues. You may not have all the answers when you first arrive at your new attorney’s office, and that is perfectly fine - your attorney is here to guide you.
What Questions Will My Attorney Ask?
There are a few areas of your life your attorney is going to ask about, usually starting with your property and family. Some of these questions may be uncomfortable to answer, but remember - this meeting is completely confidential. Your attorney cannot tell anyone else what you discuss in this meeting without your permission. It is important that you are completely open and honest. Here are some things your estate planning attorney is likely to ask about:
What Issues Can Complicate Property Division in an Illinois Divorce?
When a couple marries, they combine their personal lives and their financial lives. Reversing this entanglement during divorce can be quite complicated – especially when spouses have a high income or own complex assets and investments. If you are getting divorced, it is important to prepare for the property division process. The better informed you are about the legal and financial obstacles you may face, the better position you are in to face these challenges head-on.
Determining What Property is Marital and What is Non-Marital
Marital property includes assets and debts that were accumulated during the course of the marriage. Save for certain exceptions including property obtained through inheritance or gift, any property acquired by either spouse during the marriage is considered to be marital property. Non-marital property, sometimes called separate property, belongs only to one spouse.
How Illinois Handles Virtual Parenting and Custody Conflicts
As technology continues to advance, "parenting time" for many Illinois families may no longer describe actual, physical presence. Children may text, video chat, or even game online with parents, making technology an integral part of the parent-child bond. Unfortunately, this new parenting dynamic can also result in conflict between parents. Who controls the child’s phone? Can one parent restrict FaceTime calls?
Is the child allowed to use technology to contact a parent even when it is not technically that parent’s parenting time? What if one parent monitors or blocks communication? Many Illinois family courts are now incorporating "digital parenting plans" into traditional plans to define how parents and children communicate online before these disputes reach a courtroom.
Illinois law (750 ILCS 5/602.7(b)) defines parenting time broadly, including "reasonable communication." Since virtual contact is now a legitimate form of parenting time, parents must have a solid framework to reference in the parenting plan should a dispute arise. An experienced Kane County, IL family law attorney can ensure your parenting plan fully covers virtual contact and parenting time.
When Parents Can’t Cooperate: The Rise of Parallel Parenting
There are many instances when a highly contentious divorce can become equally contentious co-parenting. Some parents are unable to cooperate, making every text, every pickup and drop-off, and every decision turn into a conflict-filled situation. Illinois courts are more and more often turning to parallel parenting as an alternative to traditional co-parenting.
Under the parallel parenting model, each parent handles day-to-day parenting decisions independently during his or her parenting time. Each parent has authority during his or her parenting time, with communication between the parents occurring only as necessary. Parallel parenting situations are the frequent answer to intense post-divorce hostility between parents and are supported under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.10).
From our office in Geneva, we serve clients throughout Northern Illinois, including Plainfield, Sugar Grove, Shorewood, Joliet, Rockdale, Crest Hill, Aurora, Big Rock, Plano, Yorkville, Bristol, Naperville, Will County, and Kane County.
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