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Who is Collaborative Divorce For?
Couples looking to dissolve their marriage without a nasty legal battle in a courtroom may prefer an alternative like collaborative divorce. The collaborative divorce process offers many advantages that traditional litigation cannot. Parents can benefit most from collaborative divorce as it creates an environment that can lead to a more amicable outcome for both parties. A lawyer well-versed in collaborative law can be an invaluable guide throughout the entire process.
What is a Collaborative Divorce?
Collaborative divorce is a “team effort” method that sees a couple come together voluntarily to work out their differences without needing to go to court. Collaborative law enables a couple to communicate on an even playing field where both voices are heard regarding issues such as property division, child support, and spousal maintenance. A collaborative divorce is often an affordable, more focus-oriented method of cooperation to dissolve a marriage without the hostilities traditional litigation is known for.
What to Expect from Supervised Parental Visitation
Having a stranger present when spending time with your children can feel awful. They are only there to watch everything you do together with your child and can create a feeling of dread that will have you second-guessing everything you do in their presence. You may even wonder what you did to deserve this treatment. Securing a good lawyer can help you fight for a better outcome on visitation rights if you feel the court order does not reflect the reality of your parent-child relationship.
Why Are Supervised Visitations Implemented?
When a parenting plan for visitation rights cannot be agreed upon, or a judge finds one parent to be a danger to their child either physically, emotionally, or mentally, it is within a court’s right to order supervised parenting time. An opposing parent can argue to the court that they do not feel normal parenting time should be given to the other parent based on that parent’s past with violence, drugs, or other harmful issues. A judge will consider everything, including evidence of the claims, before delivering a final judgment. It is also possible to receive temporary parenting time before a final decision is made. Regardless of the reason for your supervised visitations, it is important to understand what you can expect when they take place.
Meeting Illinois Residency Guidelines is Crucial for Divorce
Understanding the residency requirements for an Illinois divorce is a necessity. Illinois law has two very specific requirements for residency that one or both spouses must comply with before a divorce can be finalized.
Whether through mediation, collaborative law, or traditional litigation, having a skilled lawyer on your side can make all the difference in a divorce's outcome.
The Residency Requirements for an Illinois Divorce
Meeting the residency requirements for a divorce requires that you, your spouse, or both must have lived in the state for at least 90 days before filing. In general, one spouse must have lived in Illinois for 90 days either during the filing for divorce or during the finalization of it. There are exceptions to these residency requirements that extend to armed forces members who may have different considerations.
Can You Get a Temporary Restraining Order in an Illinois Divorce?
A temporary restraining order (TRO) is a form of injunctive relief that legally forces a party to take a specific action or prohibits them from taking one. The general reason for TRO is to preserve the status quo until after a trial order has been finalized. In the case of a divorce, a TRO is to prevent an immediate threat of injury, which the petitioner must prove to the court that later money cannot remedy. A skilled attorney can help anyone petition for a TRO in a divorce where one party feels threatened or in imminent danger.
Difference Between a Temporary Restraining Order and Order of Protection
A TRO is meant more for emergency use cases where a spouse may feel the other party could attempt to cause harm to you or your child before a temporary order hearing. TROs last up to 14 days or until your temporary trial hearing begins. Actions a TRO can help prevent are:
Difference Between a Civil Union and a Traditional Marriage
Illinois has allowed civil unions beginning as far back as 2011. Before then, only traditional marriage and justice of the peace ceremonies were available. The enactment of civil unions into law was originally meant to allow same-sex couples to engage in something akin to traditional marriage in the eyes of the state. Today, civil unions are not much different than traditional marriage, which also means the divorce process tends to be the same as well. With any divorce, having a dependable attorney in your corner to fight for your benefit.
What is Traditional Marriage?
Marriage is meant to be a commitment that a couple in love makes during a ceremony before friends, family, and God. It is a way to solidify a relationship and have it recognized socially. However, in legal terms, it is a piece of paper that provides legal and financial benefits and obligations during the marriage and also in the event of divorce.
Can I Sue a Doctor for a Wrongful or Delayed Diagnosis?
Not every misdiagnosis is capable of a medical malpractice claim. However, many still are, and legal action is possible in these circumstances. Doctors are not infallible and can be subject to providing incorrect information or late information that can result in a worsened condition for a patient. Anyone planning to take a doctor or hospital to court should employ the help and guidance of an experienced and skilled attorney.
What is a Wrongful Diagnosis?
Doctors can mistake your condition for something completely unrelated. Some may decide you are suffering from one medical issue when, in fact, you are suffering from something else entirely. An example would be a patient diagnosed with acid reflux when, in fact, they are having a heart attack.
What is a Delayed Diagnosis?
A delayed diagnosis is a diagnosis that comes too late. Though the diagnosis may be correct, a significant delay could see the condition worsening with the possibility of additional complications that may have been prevented if diagnosed earlier.
How Do Illinois Property Division Laws Affect Pets?
Everyone knows that a divorce can seriously affect the spouses and the children, but what about pets? In most homes, pets are not considered property but family. Your little furry friends mean more to you than their purchase price, and as such, you would want the same consideration in a divorce hearing. A compassionate and knowledgeable attorney can answer any concerns you may have regarding your pets and help see that they are in the care of the right party after a divorce.
Who Gets Ownership?
Determining who gains pet ownership in a divorce can be tricky and will require gathering evidence to support your claims. A pet that was purchased or adopted should contain a paper trail showing proof of ownership. Pet adoption shelters and rescues should have provided the owner with an adoption packet at the time the pet was retrieved. Proof of ownership for pets purchased by a third party before marriage could use veterinarian records to help establish a timeframe.
Is My Small Business Safe in a Divorce?
The answer to the safety of your small business depends on your definition of safe. A court deeming your small business as marital property in a divorce could see it being split between you and your spouse. The good news is that there are steps you can take to protect your business during and after your divorce.
When choosing a divorce attorney, it is important to select someone with experience handling divorces involving small businesses. You should also choose an attorney with whom you feel comfortable and who you trust to represent your interests.
Is My Business Considered Marital Property?
All property gained while married in Illinois is considered marital property, no matter which spouse's name it is in. This includes businesses. Some exceptions to this rule do exist:
What Should I Put in a Prenup If I Live in Illinois?
Getting married is an exciting milestone, but one that also involves legal entanglement. For couples in Illinois hoping to clarify financial issues and protect assets, a prenuptial agreement can provide critical peace of mind no matter what the future holds.
But knowing what to put in an Illinois prenup can be a challenge. You want an agreement that protects yet does not seem cold and unromantic. The key is crafting a document that reflects your values and goals as a couple. A family law attorney can help you form the right document for you.
Defining Your Financial Partnership
A prenup lets you outline the financial foundations of your marriage. Things like keeping assets and debts separate that predate the marriage can be addressed. You can also agree on joint accounts and savings goals. Your prenup becomes a blueprint for how you will handle money day-to-day.
Can I Modify Child Support in Illinois if I Lose My Job?
Losing your job can drastically reduce your income. As a parent who provides child support, you may wonder if losing your job constitutes grounds to modify your existing support order. Here is what the law says about obtaining child support reductions after job loss and how an Illinois lawyer can help.
Demonstrating a Substantial Change in Circumstances
Under Illinois law, child support can only be modified if there has been a “substantial change in circumstances” since the current support order. Losing your employment or having your hours or wages significantly reduced likely qualifies as a substantial change.
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