Recent Blog Posts
What is a Collaborative Law Divorce in Illinois?
Today, there are several ways to pursue your divorce outside of traditional litigation. For some couples, going through litigation is costly in terms of emotions and finances. Perhaps you and your spouse are able to discuss issues in a relatively civil matter. If you're concerned about the high costs of traditional divorce, an Illinois collaborative divorce approach may be the answer you have been looking for.
The collaborative approach is actually picking up steam in other states, too, as a different way to pursue marriage dissolution. You will need to hire an attorney trained in collaborative law to start.
To begin with, collaborative divorce allows for 4-way meetings with you, your attorneys, your spouse, and his or her attorneys. This reduces the need to attend court multiple times to discuss matters. If your negotiations don't end up working out, you will still have the opportunity to go to court, but this time with new lawyers. The focus of collaborative law is on identifying critical issues and developing plans to resolve them. This gets away from the approach of placing blame and generating a contentious environment for you and your spouse.
Illinois Joint Parenting Agreements Explained
Illinois divorce attorneys have several tools in their arsenal to ensure the best outcome in a divorce that involves children. In Illinois, the guiding principle for such divorces is that any post-divorce custody arrangement must be in the best interest of the children. Determining the best interest is not as easy as it sounds, however.
Fortunately, with the help of their family law attorneys, the parties are often able to reach agreement that truly is in the best interest of the children. They will memorialize that agreement in writing in a document called a Joint Parenting Agreement (JPA). A judge will then review the JPA. Because the judge will scrutinize the JPA, an experienced family law attorney usually prepares it based on commonly accepted industry standards. The typical JPA will identify the parties who are seeking divorce and provide the children’s names, address and age.
Illinois Ruling Redefines Marriage
Gay marriage has long been a headline-making topic in the U.S. With states legitimizing gay marriage all across the country (in places as disparate in other social policies as Iowa and Massachusetts) and California even overturning a ruling that made gay marriage illegal, it’s no surprise that the debate has remained an important point of dissension in Illinois. In that vein, then, it’s not surprising that in late September a state court judge ruled that the 25 same-sex couples “challenging statutes that keep them from being married in Illinois can go ahead with their lawsuits,” according to Bloomberg News. Judge Sophia Hall rejected a bid by opponents to dismiss the case, and said that, “plaintiffs had presented legal issues that warrant further consideration.” 
Passive Aggressive Behavior Leads to Divorce
It’s not just infidelity that leads people to divorce anymore. In fact, according to research from the National Fatherhood Initiative and reported upon by MSN News, a lack of commitment and relentless arguing were actually the two most common reasons for divorce. Infidelity, long considered the most common reason for divorce, doesn’t seem like as big of a deal in 2013 as it has in the past century. A booming industry surrounds infidelity, with websites such as AshleyMadison.com actually providing a platform for people who want to have an extramarital affair. Perhaps this change in attitude is why less people view their partner being unfaithful as reason enough to split. But the surprising fact, according to the Huffington Post, is that an incredibly common behavior is most at fault for divorces in the U.S.
Effect of Divorce on a Small Business
Illinois divorces can be complicated, especially when they involve numerous assets or a family business. The presumption in Illinois is that assets or wealth gained during the marriage will be considered part of martial assets, which are subject to equitable division during a divorce. Equitable division is a fluid term, which can give rise to lengthy and expensive litigation. For example, if a divorce involves a small business (or a big one for that matter), the divorce court has to determine whether it is part of the martial estate.
This determination can be tricky, especially in cases where the business predates the marriage. Fortunately, with proper planning, parties may avoid many of these issues. For example, a small business owner who is contemplating marriage, may contact an Illinois family law attorney to determine whether a prenuptial agreement would be helpful. Prenuptial agreements are a valuable tool, but they must meet the Illinois requirements before they are valid. At minimum, the parties must have separate attorneys representing them during the drafting and execution of the prenuptial agreement. If only one side has an attorney, there will be a presumption of unfair advantage in favor of the party who had an attorney.
What Should Be Included in a Prenuptial Agreement?
Whether or not you have substantial assets, it is smart to draft a prenuptial agreement before your marriage begins to protect yourself and your spouse in case of a divorce. Knowing what belongs in a prenup (and what doesn’t) can be important for ensuring that your document accurately reflects your needs and wishes. Outlining this document properly with the guidance of an attorney is the best way to keep a court from deciding what happens to your property if you eventually obtain a divorce. Your prenuptial agreement should also be in line with state laws and requirements about what can and cannot be included in this document, which is why hiring a lawyer to assist you is critical. What goes into your agreement will depend largely on your individual situation at the time, but there are several basic suggestions for what belongs in your prenup.
Is Divorce Mediation Right for my Divorce?
If you are contemplating divorce and weary of the lengthy and costly litigation process, you do have other options. Divorce mediation, a form of alternative dispute resolution, is one such alternative that can help you close out your divorce quickly and smoothly. Moving on with your life and managing the emotional consequences of divorce is typically easier when divorce mediation can successfully resolve the situation.
Mediation puts you in control, since parties work together with mediators and other experts to discuss relevant issues. You play a bigger role in determining what life will look like post-divorce, and this appeals to many couples who may agree on some of the issues surrounding the divorce. If you and your spouse are still able to communicate relatively well, and if you have already come to agreements on child custody and other major issues, like division of property, you may be a great candidate for divorce mediation. Even if you and your spouse are able to come to agreement on some issues, but not others, you can make the most of mediation by targeting those challenging topics with the assistance of a mediator.
Illinois Rules for Simplified Divorces
Each state has its own divorce procedures. The state legislature generally determines the rules governing divorces, but each county may have different procedural rules as well. Following these rules is important because it may avoid emotional conflicts that make divorces so difficult.
Illinois has specific divorce rules that guide parties and their attorneys through the divorce process. The goal of the Illinois legislature in Illinois divorces is generally to facilitate the process while ensuring an equitable outcome. Thus, the Illinois Marriage and Dissolution of Marriage Act also provides for simplified divorce procedures under certain circumstances. The goal of simplified procedures is to avoid costly and lengthy divorce proceedings that take a heavy emotional toll on the parties. Before one may rely on the simplified divorce process, they must meet the following conditions listed in the Illinois Marriage and Dissolution of Marriage Act:
Jurisdictional Issues in Divorces
Few people give any thought to the procedural rules that govern Illinois divorces. Usually, the presence of an experienced Illinois family law attorney will ensure that a divorce proceeding meets the requirements of the Illinois Rules of Civil Procedures and other applicable rules.
This is especially important in divorce proceedings that involve parties who live in different states and who have had children during the marriage. More specifically, under Illinois law, a court must have jurisdiction over the husband and wife, as well as the children. Thus, a divorce decree will usually deal with two issues. First, it will terminate the marriage, which includes dividing the marital property (real and personal), as well as the assets and liabilities incurred during the marriage. At this stage, the court will award spousal support as well. Before it can terminate a marriage, however, a judge must have jurisdiction over the marriage. In order for the court to have jurisdiction, the parties must show that at the time of the action was commenced, one of the spouses was a resident of Illinois for at least 90 days.
Adoption in Illinois
As more women enter the workplace, more couples are putting off having children until their late thirties, and human bodies have not biologically caught up. Both men and women are in their prime for having children in their twenties and early thirties, but more often couples are having children well into their forties, or at least trying to do so.
For those couples that are unfortunately not able to have children when they want to, there are many alternatives, including surrogacy and adoption.
The Illinois Department of Children and Family Services (DCFS) reported that in the last 10 years, over 17,000 children were adopted in Illinois. Some people do not like the idea of adoption because the child is not biologically theirs, but to each child, a parent is the one who cares for and loves him or her.
Children in Illinois that are currently waiting to be adopted range in age and background, and many have a sibling waiting to be adopted into a loving home as well. Many children waiting for adoptive parents have foster homes to live in while they wait, but foster families are not the same as adoptive families, as they are not permanent.
