Posted on November 14, 2017 in Divorce

Divorce is an emotionally trying time during which you will turn to friends and family for support. However, some friends may surprise you with their reaction to your divorce. If you are looking for an affirmation of your decisions, you risk being disappointed and hurt when a friend makes a critical or insensitive comment. To harden yourself against this, you should understand that:

• People have varying beliefs about divorce;
• Some people choose poor words when trying to express support; and
• Other people’s opinions should not weaken your resolve in regards to your divorce.

There are various reasons why your friends or family may react negatively to your divorce. Each reason requires a different response:

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 Posted on November 02, 2017 in Guardianship

In broad terms, guardianship can be differentiated by cases involving minors and cases involving disabled adults. Both are similar in that they require a court ruling to determine whether a responsible adult should have decision power over the ward’s:

• Personal care and health; and/or
• Financial estate.

However, guardianship of a disabled adult has many fundamental differences from guardianship of a minor. Obtaining guardianship of a child is already a difficult process because the court must determine what is in the best interest of the child. Obtaining guardianship of a disabled adult can be more complicated because the court must also consider the rights of the adult. Here are four key differences between guardianship of a minor and guardianship of a disabled adult:

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 Posted on October 25, 2017 in Child Custody / Allocation of Parental Responsibilities

Separation anxiety applies to parents and children after a divorce. As a parent, you have developed a bond with your children and are not used to extended time apart. With a post-divorce parenting plan, you will likely not see your children for days at a time. The change can be jarring. While your children will always be with one of their parents, you are suddenly alone when your children are staying with their other parent. This can be depressing if your life has centered around taking care of your children. However, you can also think of your free time as a chance to find a purpose and structure that is not reliant on being a parent. There are several actions you can take to help you towards this:

1. Rediscovering Personal Passions: When you became a parent, you may have put aside some of your favorite hobbies and activities. Taking care of your child came before your personal interests. You now have the free time to continue those interests. Participating in fun activities gives you something enjoyable to do while keeping your mind off your children's absence.

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 Posted on October 19, 2017 in Division of Assets

Divorce can upend your carefully made plans for your future, including your retirement. If you are approaching retirement age, you may have already figured out:

• How much money you will need to support yourself and your spouse during retirement;
• What lifestyle you will be able to live; and
• How much you need to contribute to your retirement accounts in order to reach your goal.

However, your retirement plan assumed that you would be married. Having a spouse allows you to pool your retirement money together and share in your expenses. As a single retiree, you may have less financial resources to work with. There are a couple of ways that divorce can drain your retirement accounts.

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 Posted on October 12, 2017 in Postnuptial Agreements

Postnuptial agreements are often grouped in the same discussions as prenuptial agreements. Both are legal documents that help spouses predetermine the terms of a hypothetical divorce, including:

• Defining marital and nonmarital properties;
• Determining how marital properties would be divided;
• Protecting spouses from nonmarital debt; and
• Setting the expectations for spousal maintenance.

By definition, the difference between a prenuptial and postnuptial agreement is that postnuptial agreements are reached after the spouses have married. Spouses may opt for a postnuptial agreement if it is too late to create a prenuptial agreement or they need to change the prenuptial agreement. However, spouses can have different reasons for creating a postnuptial agreement than they would for a prenuptial agreement.

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 Posted on October 03, 2017 in Relocation

Illinois law prohibits a divorced parent from relocating with a child without notifying the other parent and receiving court approval. There are no exceptions for cases in which the other parent has little parenting time with the child or is deemed unfit. Unless the other parent has lost his or her parental status, a relocation order must be obtained if a parent wishes to move a child:

• More than 25 miles if living in Cook, DuPage, Kane, Lake, McHenry or Will County;
• More than 50 miles if living in any other county in the state; or
• More than 25 miles if the new location is in another state.

Child relocation disrupts the allocation of parental responsibilities for the other parent. Regular parenting time may be impractical if the child lives too far away. However, the relocating parent and the child may benefit from the move. Illinois law lists 11 factors that a court should consider when deciding on a child relocation request:

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 Posted on September 21, 2017 in Divorce

Illinois recently approved the Collaborative Process Act, which outlines the collaborative law process of negotiating divorce and family law issues. Collaborative law is a relatively new form of alternative dispute resolution that incentivizes cooperation and open sharing of information. Both sides and their legal counsels sign an agreement in advance, stating that the counsels will withdraw from the case if a resolution is not reached. Advocates for the process believe Illinois’ new law will increase awareness and encourage its use by establishing standards and guidelines. The act, which goes into effect on Jan. 1, describes the requirements and limitations of the collaborative process.

Approved Subjects

The law defines terms relating to the collaborative process, including which issues qualify as collaborative process matters:

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 Posted on September 15, 2017 in Divorce

It is unwise to quickly jump back into dating after you have completed your divorce. You need time to heal from your marriage, including:

• Coming to terms with why you divorced;
• Adjusting to your post-marriage lifestyle; and
• Feeling emotionally ready to start a new relationship.

Even after you feel ready, there may be others who need time to recover from the divorce. Children can be upset when they see one of their parents dating someone new. You must be conscious of your children’s reaction when starting a new relationship after divorce.

Understanding Children’s Emotions

You may understand that starting to date is more about meeting new people than immediately committing to a serious relationship. However, your children view it as a development that tests their loyalties and casts doubt on their place in your life. Keep in mind that:

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 Posted on September 08, 2017 in Spousal Maintenance

An Illinois appellate court recently denied a man’s petition to vacate an agreement that obligated him to pay $500,000 in spousal maintenance to his former wife. The man claims he signed the agreement under fraudulent circumstances because his former wife concealed significant financial assets. Previously, an Illinois trial court determined that the man’s claim had no standing and ordered him to pay the remainder of the maintenance agreement, as well as his former wife’s attorney fees.

Case Background

In 2006, the woman filed a petition of indirect civil contempt against the man for failing to comply with the spousal maintenance payments that they agreed to in their 2001 divorce. The woman claimed that the man was not remitting parts of his income that came from his social security benefits and various trusts. In 2009, the man agreed to pay the woman $500,000, which included paying $350,000 immediately and the remaining $150,000 by December 1, 2013. The man made the initial payment but later disputed the agreement and refused to pay the final $150,000. The man filed a petition to vacate the agreement shortly after the deadline passed for him to make the final payment. He claimed that the agreement is fraudulent because the woman failed to disclose during the negotiations that she had a bank account containing $500,000. The woman responded that the money was a loan from her son and the man was aware of the loan. The trial court sided with the woman in June 2016, leading to the appeal.

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 Posted on September 05, 2017 in Divorce

Divorce is a monumental event that will affect your life and the lives of your family and friends. However, your divorce will start as a conversation between you and your spouse, with a stark message: “I do not want to be married to you anymore.” It can be difficult to build up the courage to have that initial conversation because you anticipate the pain and turmoil that it will cause. Your initial reactions can set the tone for whether your divorce will be amicable or combative. You cannot control how your spouse will react to your request for a divorce, but you can prepare for the conversation in an attempt to minimize conflict.

Be Gentle

Leading up to the conversation, you may have accepted that your marriage is beyond repair and divorce is what will make you happy. Do not assume that your spouse has come to the same conclusion. Recognizing conflict in a marriage is different from wanting to end the marriage. If your spouse is surprised by your divorce request, he or she will likely be angry and upset. You should anticipate this response so that you can:

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