Recent Blog Posts
Choosing the Right Family Law Attorney
When you are preparing for a divorce, parental responsibilities proceeding, or any other matter of family law, the attorney you choose can absolutely affect the outcome of your case. You need a lawyer who is not only knowledgeable and well-versed in the law, but also shares your values and who can incorporate them in advocating on your behalf. To find the right attorney, you will need to consider a number of factors. Before making a final decision, interview several potential candidates and do not be afraid to ask lots of questions such as:
What is your experience?
Does the attorney practice primarily family law or is he or she a personal injury lawyer that sometimes handles divorce cases? The level of commitment you can expect is often evident in the answer to this question.
How many cases do you handle and how many go to trial?
Some attorneys thrive on litigation, while others see the courtroom as a battlefield of last resort. A high rate of litigated cases can mean one of two things: the attorney accepts a large number of clients who stubbornly refuse to negotiate; or the lawyer may struggle with finding mutually acceptable solutions.
Occupations With High Rates of Divorce
Any time researchers try to find trends in the divorce rate, there is always a “which comes first” debate that takes place. For example, when looking at professions or occupations that are more prone to divorce, the question must be asked, “Does this profession increase the likelihood of divorce or is the type of person more prone to divorce, for whatever reason, more inclined to work in this field?” Whatever the case may be, there is little question that divorce is more common among those who work in particular industries or jobs, and many such occupations have very similar stresses and challenges.
Police, Firefighters, and Armed Service Members
While it is difficult to imagine modern life without individuals who have committed themselves to public safety and national defense, these jobs are not without their downsides. Police officers and fire fighters often work long shifts, with a great deal of stress added to the equation. Servicemen and women spend months at a time away from their spouses and families, frequently leading to communication issues and deteriorating relationships
5 Steps to Take Before Filing for Divorce
Whether you and your spouse have discussed the possible end of your marriage in detail or you are silently debating your options, once divorce becomes inevitable, there are several steps you need to take to protect your interests during the divorce process. Before filing, set yourself up for success with these tips:
1. Begin Building Your Credit
Spouses often discover post-divorce that they have built up their spouse’s credit while neglecting their own. Without a good credit score, down payments for utilities and housing are often significantly higher, if you are able to get approved in the first place. Open a credit card now and use it to make small purchases that you can pay off each month. The goal is not to create a pile of debt; it is to prepare yourself for future success.
3 Tips For How to Strengthen Your Child Custody Case in Illinois
f you and your ex-spouse find yourselves unable to reach an agreement when it comes to child custody during your divorce, a judge will create an arrangement for you. An “allocation of parental responsibility” judgment created in court is based primarily upon Illinois law and what the judge considers to be in the best interests of the children, but it will not always work with the lifestyle of your family. When arguing your case in court, your goal is to represent beyond any doubt that more time with you is what is best for your children. Use these tips to help strengthen your case:
1. Educate Yourself
It is essential to understand that every state has a unique set of laws surrounding child custody. To best prepare your case, you should thoroughly investigate the laws and the factors a judge will use to make their decision. In Illinois, judgments of how to allocate parenting time and parental responsibility are based entirely on the best interests of the children, and the factors a judge will consider include:
Be Aware of These Risk Factors That Often Lead to Divorce
Although ultimately, only you and your spouse know if divorce is right for your situation, relationship experts agree that there are factors that exist that decrease the likelihood of long-term marital success. Just as the presence of risk factors in your physical health does not mean that you will definitely receive a diagnosis, these factors do not mean that your marriage will ultimately result in divorce. The existence of these risk factors only means that you and your spouse will likely need to make a conscious effort to overcome these obstacles, typically through communication and compromise. Some common circumstances that increase the risk of divorce include:
Your Parents Divorced
Divorce impacts children significantly, and experiencing their parents’ divorce can affect their own relationships. However, a recent study indicated that biology also plays a role in the likelihood of divorce. A study published in Psychological Science researched adopted children, and the results indicate that the divorce pattern of adopted children more closely resembles that of their biological parents, rather than their adoptive parents. The conclusion the researchers found was that biologically inherited personality traits may play a larger role in the risk of divorce, rather than whether children witnessed a divorce in their own lives.
How Divorce Can Impact Your Credit
Divorce can cause a great deal of financial upheaval for a family. However, the divorce itself does not have a direct impact on your credit score. The divorce decree does not add or remove points from your existing number, but the financial outcome after the divorce can still play a significant role in what happens to your score. Here is what can go wrong and how to prevent damage to your score:
Responsibility for Joint Debts
Creditors want their money. They do not care if you got a divorce, nor do they care whether a judge proclaimed that one spouse is responsible for the balance on the joint credit card. If your name is on the account as a co-signer, an authorized user, or a joint account holder, you are also financially liable for these debts. The divorce decision does not negate the existing agreement you have with the lender.
Understanding the Benefits of Divorce Mediation
For those exploring the options of divorce, mediation is often new and unexplored territory. Most people envision divorce as consisting of ugly courtroom battles between two feuding spouses, with attorneys interjecting “Objection!” whenever appropriate. While some situations certainly escalate to meet this expectation, a significant portion of the population is opting for the less stressful, less costly, and frequently more beneficial alternative known as mediation. During divorce mediation, the two parties work to reach an agreement with the assistance of a knowledgeable and neutral third party.
An Option Between DIY and Litigation
Some people refer to mediation as “divorcing without attorneys.” This is partially correct, since the two parties reach an agreement together in private, rather than leaving the future up to an impartial judge in a public courtroom. However, rather than you and your spouse sitting at a computer attempting to navigate the murky waters of divorce papers, a neutral third party is present to guide the conversation. Although it is possible to use a non-attorney mediator, a lawyer has the legal training and experience necessary to provide the sound legal advice essential to create a lasting and beneficial agreement.
When to Consider a Postnuptial Agreement
Marriage is more than love and romance. The union is comprised of many facets, not the least of which is the financial component. One must remember that above all, marriage is a legal contract, and unless an agreement exists stating otherwise, “What is mine is yours" is the general rule that will be followed. Under Illinois law, any property or debt acquired during a marriage is considered marital property, meaning both parties have an equal claim to these assets in the case of divorce. Although this may seem trivial when everything is sunshine and rainbows during a marriage, it can be extremely detrimental should the union fail. To address these issues, a postnuptial agreement can protect your interests if your relationship encounters difficulty.
A Logical Look to the Future
The Rules of Dating During Divorce
During the divorce process, which can last more than a year in some cases, many people seek new companionship. If you are not officially divorced, however, you are still legally married and should be conscious of potential repercussions.
The idea of “almost divorced” does not exist; either you are divorced or you are not. Now that you and your spouse have decided to split, it may seem like the ideal time to boost your self-esteem and pursue potential love interests, but doing so can have negative implications.
Why Not to Date During Divorce
Divorces are very taxing, emotionally and physically. You often feel a drastic decline in self-esteem. You may feel ready to move on. Your friends might even encourage you to find someone new to help you “get over” your ex-spouse. Acting on this temptation, however, can backfire.
Critical Information Regarding Your Business and Divorce
When you divorce, everything earned during the duration of your marriage becomes marital property and is divided between the two parties, including any business started during that time. What happens to this investment depends on the specifics of your situation and applicable state laws. Divorce business valuation and the preferred standard of valuation varies by state, in addition to whether they consider personal goodwill as a marital asset.
Here we will discuss general guidelines regarding Illinois law and business values but is not intended as a substitute for direct legal advice. For specific information regarding your case, address your concerns with an experienced DuPage County divorce attorney.