Illinois courts generally prefer joint custody arrangements. Even if one parent has primary visitation rights, both generally have a say in important decisions that affect their child, including making choices about their education. As homeschooling grows in popularity, divorced parents are finding themselves entangled in disagreements when one parent wants to homeschool the child, but the other is opposed. Some children benefit immensely from the social setting of being in school, while others are far more suited to a homeschooling arrangement. Likewise, some parents would be excellent at teaching their own children, and others would struggle. When you and your
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Which Illinois Divorce Process Is Best for Me?
One of the most common questions new clients ask at their first meeting with our Illinois divorce lawyer is how long the divorce itself will take. For many people, the decision to end their marriage was not an easy one, and they just want to be able to move forward with their lives and futures as quickly as possible.
The answer to that question is that there is no solid answer. Every case is different, and even the most agreeable of divorces can quickly turn contentious, resulting in long, dragged-out battles. The following are the four different categories of divorce…
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Does Mental Illness Mean Losing Your Kids in a Divorce?
Although divorce rarely happens under optimal circumstances, certain issues can make the divorce process considerably more difficult. Mental illness, which affects one in six U.S. adults, is one factor that can make divorce harder for everyone – not least the person struggling with the mental illness.
Parents with mental illness who have minor children may feel more threatened by divorce. Not only can the stress of divorce exacerbate mental health disorders, but the prospect of having a mental illness scrutinized in front of a court as parents make decisions about child custody can be very intimidating.
If you are…
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How Does Addiction Affect an Illinois Divorce?
Around 21 million Americans have at least one addiction. Twenty percent — approximately 28 million adults — have an alcohol use disorder. People who abuse alcohol, drugs, or gambling not only hurt themselves but can also harm their relationships with others. Marriages involving a spouse who has an addiction can be deeply impacted, with some ending in divorce.
Illinois does not recognize fault in divorce. This means that when you file for a dissolution of marriage, the court will not blame either spouse for causing it. If one spouse was addicted to alcohol, drugs, or gambling, for example, it…
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Why a Child’s Age Matters When Creating a Parenting Plan
If you are divorcing, you know how much stress it can cause emotionally, mentally and physically. If you have children, remember that parental separation or divorce is often traumatic for children, too. The effects of divorce impact each child differently, with most children in the same age group experiencing similar issues.
As part of your divorce, you will need to create and submit a parenting plan that outlines various parental duties and parenting time arrangements. To protect the best interests of your children, you need to customize your parenting plan with their ages in mind. If you need help tailoring…
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3 Things Homemakers Should Do in an Illinois Divorce
Divorce comes with many kinds of challenges. Spouses who decide to end their marriage often face financial, emotional, and mental difficulties. For homemakers or stay-at-home parents, these challenges are sometimes more pronounced. This is particularly true of financial difficulties stemming from divorce. Homemakers usually are not part of the workforce and have trouble finding gainful employment after the marriage ends.
As with many divorces, however, an experienced Illinois divorce attorney can help minimize these challenges or prevent them completely. If you are a homemaker facing divorce, consider discussing the following courses of action with your lawyer.
Ask for Interim Spousal…
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3 Things to Know About Financial Restraining Orders in Divorce
When people hear “restraining order,” they usually think of domestic abuse. These restraining orders, called Orders of Protection, are issued against abusive spouses. In some divorce cases, however, a court will issue a financial restraining order. As the name suggests, the purpose of this order is to protect against certain types of financial abuse.
In some divorces — particularly those involving high-value assets — one spouse might try to hide, spend, or destroy assets before it is divided between the parties. If you have reason to believe your spouse will do this, ask your Illinois divorce attorney to petition…
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How Can Cryptocurrency Impact My Illinois Divorce?
Financial assets are a major part of the divorce process. They need to be accounted for and divided between the spouses. They also play a role in determining which spouse pays family maintenance, such as spousal support and child support, and how much maintenance payments are. When making these decisions, a court will take into account:
- Bank account balances
- Investments
- Real estate
- Pensions
- 401Ks
But what about less traditional financial assets like cryptocurrency? Crypto is considered a financial asset and can impact divorce in several ways, which this article will discuss. If you are storing cryptocurrency, make sure to consult…
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Can I Live With My Spouse if We Are Legally Separated?
Many couples who feel their marriage is failing file for divorce. But Illinois law offers another option that some couples find appealing: legal separation. Being legally separated allows two spouses to live separately but remain legally married. It is seen as a halfway point between marriage and divorce and has several benefits.
Sometimes, however, divorce may be the better choice. The best way to know which is best for you is to consult a skilled Illinois divorce attorney who can explain to you the pros and cons of each option.
This article will discuss what legal separation is, why…
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Can I Change My Child’s Guardian Ad Litem in Illinois?
Whenever a legal proceeding involves a child, such as a divorce or child custody case, a court can appoint a guardian ad litem. A guardian ad litem (GAL), which is Latin for “a guardian for the lawsuit,” is a person who advocates for a child’s interests in any court proceeding that involves an underage or mentally incompetent child. In Illinois, GALs are attorneys who have gone through extra training.
If you have questions about appointing a GAL for your child, it is best to consult with a family law attorney who can advise you.
This article will discuss what…
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Can I Adopt a Child I Am Related to in Illinois?
It is an incredibly difficult decision for someone to relinquish their parental rights. This conclusion is generally by people for whom life has been too tough to function as parents are expected to. Perhaps the parents are dealing with severe mental or emotional conditions or battling a substance addiction, and they are unable to give their child a suitable home regardless of how much they love them. In some cases, a relative of the parents may want to adopt the child. This can often be the best option for the child, although it can be a complex process for the…
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How Can Social Media Affect My Illinois Divorce?
In 2024, the Internet is simply a fact of life. As it has spread through every facet of modern society, people without smartphones have a difficult time staying on top of updates ranging from developments at their work, changes at their child’s school, their medical appointments, and even which groceries will be on sale on any given day. Social media networks are a crucial part of many people’s daily routines and are used for everything from wishing a happy birthday to beloved relatives, receiving payments, and even finding dates.
With all the advantages that increased access to social media has…
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What Happens to Child Support Payments if I Lose My Job?
When you first arranged your divorce settlement, there were so many things that you and your ex needed to work out: Where would your children live? How often would each of you see them? Will either pay the other alimony? Who can make important decisions on your child’s behalf? How much child support will you need to pay? What are you supposed to do if things in your life have changed from the way they were back then? If for example, you make monthly child support payments to your ex and now you are unemployed, are you expected to keep…
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Same-Sex Divorce in Illinois
Same-sex divorce may seem like a relatively new legal topic since same-sex marriage was only legalized in the past decade in many states. In fact, it was legalized about ten years ago in Illinois, effective as of June 1, 2014. Although same-sex divorce is not very different from divorce for a straight couple, what happens when a same-sex marriage ends is extremely different from what used to happen in the past. Before same-sex marriage was legal, a spouse would not legally inherit their deceased spouse’s estate, and instead, it would be liquidated and divided among any blood relations. And if…
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Will I Be Stuck Paying For My Ex’s Debt in an Illinois Divorce?
There are many reasons why divorce can be a complicated process. Some couples have an especially acrimonious split and the path toward drafting their divorce settlement is full of spite and anger. Every decision brings a fresh round of arguments. Some couples decide to get divorced because they were not compatible as a couple but they might still care for and appreciate each other. Even so, the emotions and disappointment they might feel can make the process unpleasant.
The specific matters that need to be settled in a divorce can also make it difficult. Spouses need to agree on several…
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Should I Consider Mediation for My Illinois Divorce?
No two people are the same. And therefore, no two marriages are the same and no two divorces are the same. Different arrangements work for different people. Some feel so hurt and offended by their soon-to-be ex-spouse that there is no option other than a contentious divorce in court. Others recognize that they do not make sense as a married couple but still appreciate each other and, if they have children, would like for their child to feel safe and secure in either parent’s home.
If the second category sounds more like you and your spouse, mediation might be a…
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