Posted on April 14, 2023 in Divorce

The time leading up to a divorce can be intensely stressful and emotional. You are likely weighing the pros and cons of divorce and how moving forward with the divorce process may affect your life. But the situation can be complicated if your spouse suffers from a drug problem. If this is the case, you may be concerned that their drug problem will affect divorce proceedings. If you have found yourself in this situation, contact an experienced divorce attorney to see how they believe you should approach it.

What to Do if Your Spouse Has a Drug Problem

Substance abuse can significantly impact a marriage, leading to a breakdown of trust, communication, and intimacy. If you are considering divorce, but your spouse has a drug problem, there are several steps you can take to protect yourself and your family, including:

• Document evidence of drug use – If you suspect your spouse has a drug problem, gathering evidence to support your claims is important. Record any incidents or behaviors that suggest drug use, such as drug paraphernalia, changes in behavior or mood, or missed work or appointments. This evidence can be used to support your case in court if necessary.

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 Posted on April 07, 2023 in Domestic Violence / Orders of Protection

Divorce can be an emotionally challenging and quarrelsome process. One of the most distressing situations is when one spouse falsely accuses the other of abuse to gain an advantage in matters like child custody or spousal support. If you are facing false allegations of abuse in your divorce case, you must take action to protect your rights and reputation. Today, we will discuss what you should do if you are ever in this situation. Remember, in matters like this, a family law attorney can be invaluable as you navigate this challenging time's legal complexities.

Step #1 – Assemble Evidence to Refute the Allegations

Your first step should be to gather any evidence that supports your claim that the abuse allegations are false. This may include:

• Text messages, emails, or other written communications between you and your spouse contradicting the allegations.

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 Posted on March 27, 2023 in Divorce

Divorce is a dreaded word that no married person ever wants to hear their spouse utter. But unfortunately, when an argument arises between spouses, especially a heated one, divorce can get mentioned. But should you take your spouse’s words seriously in the context of a dispute? Chances are, if your spouse has mentioned divorce, you should consider taking a step back to assess the situation. Today, we will discuss what to do if your spouse threatens to divorce you during an argument. Remember, if you think there is credence to what your spouse is saying and think they are serious about divorce, consult a qualified divorce attorney for legal advice moving forward.

What You Should Consider if Your Spouse Threatens Divorce

Recently, we wrote a blog detailing how someone should discuss divorce with their spouse. Cited in that blog, we stated that you should avoid bringing up the topic of divorce during an argument since, as is evident in this blog, the fog of an argument can cloud reality and make it difficult to know whether your spouse was serious when they said it or not. Moreover, mentioning divorce during an argument can significantly damage a marriage. Here are a few things you should consider if your spouse mentions divorce, including:

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 Posted on March 17, 2023 in Divorce

Few people begin a marriage expecting that one day it will end. But, sadly, that is the reality for a lot of people. Divorce is difficult for so many reasons. Often, we think about divorce in terms once the process is already underway and the various issues that must be settled. But an important question remains: how are you supposed even to broach the subject of divorce with your spouse?

Of course, divorce is a difficult topic to bring up with a spouse, and it can be emotionally charged and stressful for both parties. However, some ways exist that can minimize the conflict and result in, hopefully, a smoother divorce process. Today, we will discuss how you should and should not bring up the idea to your spouse. If you believe your marriage is heading toward a divorce, contact an experienced divorce attorney to ensure you understand your legal obligations and that your rights and best interests can be advocated for.

Ways You Should and Should Not Bring Up Divorce with Your Spouse

First, choosing the right time and place to have the conversation is essential. Ensure you are both in a calm and comfortable environment where you can talk without interruptions or distractions. Avoid bringing up the topic during a stressful time, such as before a significant event or during an argument. When you bring up the topic, be honest, direct, and compassionate. Try to be clear about your feelings and your reasons for wanting a divorce in the first place. Listen to your spouse’s concerns and try to find common ground.

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 Posted on March 13, 2023 in Divorce

As you may be aware, divorce mediation is a method of resolving disputes between divorcing spouses with the help of a neutral third party known as a mediator. While divorce mediation is certainly gaining mainstream popularity, particularly as an effective alternative to litigation, several things still need to be clarified about the process. Today, we will discuss and debunk some of the most common misconceptions about divorce mediation. If you are getting a divorce and think mediation may be worthwhile to pursue, contact a divorce attorney who will help you get the process started while also ensuring that your rights throughout the divorce process remain protected and advocated for.

What are the Most Common Misunderstandings Surrounding Divorce Mediation?

The following are some of the most common misunderstandings regarding divorce mediation, including:

• Mediation is only for amicable couples – One of the most prevalent misconceptions about divorce mediation is that it is only suitable for couples with an amicable divorce. This is not entirely true. In fact, mediation can be beneficial for couples who are experiencing high levels of conflict. A skilled mediator can help parties communicate effectively and work through their issues, even if they struggle to get along.

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 Posted on March 07, 2023 in Divorce

For many of us, social media has become an integral part of our lives, making connecting with friends and family more accessible. While that may be true, how could social media ever affect a divorce? Today, we will discuss how social media can affect divorce proceedings. If you are considering getting a divorce, consider consulting with a skillful divorce attorney to help you understand your rights and legal options.

Ways Social Media Can Be a Factor in a Divorce

One of the most significant ways social media can affect a divorce case is by providing evidence that may be used in court. Many people use social media to post their thoughts and feelings, and sometimes they may reveal information that can be used against them in court. For example, suppose a person claims they cannot afford to pay alimony or child support, but they post pictures of themselves on expensive vacations. In that case, the other party could use those pictures to argue that that person can afford to pay. Similarly, if a person claims they are a responsible parent but posts pictures of themselves partying or drinking excessively, the other party could use those pictures to argue that the person is not a responsible parent.

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 Posted on February 28, 2023 in Divorce

Illinois Marriage and Dissolution of Marriage Act 750 Illinois Compiled Statute (ILCS) § 5/602.5(a) establishes that courts must allocate decision-making responsibilities according to a child's best interests. Courts may need the assistance of a third party in determining what is in a child’s best interests. A child representative may be appointed in cases in which parties are disputing parenting time, custody, visitation, education, property interest, or general welfare of a child. 

Types of Child Representatives

The three types of people courts can select to represent a child or children are a child’s attorney, a guardian ad litem, and a child’s representative.  

• Attorney for a Child - A judge may appoint an attorney for an older child when an attorney will need to act in the manner that the child wants. A child’s attorney not only acts in a child’s best interests, but will also present their arguments in court.  State law provides that a child attorney must provide independent legal counsel for a child and owe the same duties of undivided loyalty, confidentiality, and competent representation that are due to an adult client. An attorney must keep what is said between a child and them private.

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 Posted on February 16, 2023 in Divorce

Illinois lawmakers have introduced a proposed child tax credit that would give low- and middle-income families a $700 income tax credit for each child under age 17. Eligibility would apply to joint filers who are earning less than $75,000 and single filers earning less than $50,000.

The child tax credit program allows people with children under 17 years of age to claim tax credits of as much as $2,000 per qualifying dependent when they file their tax returns. Up to $1,500 of the credit can be refundable.

Qualifying for a Child Tax Credit

Taxpayers are able claim the child tax credit for their tax year when they file their tax returns. There will be seven tests a person and their qualifying child will need to pass.

1. Age: A child must be under 17 years of age at the end of 2022.

2. Relationship: A child must be a person’s son, daughter, stepchild, foster child, brother, sister, half-brother or half-sister, stepbrother or stepsister, or a descendant of any of these parties.

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 Posted on February 14, 2023 in Divorce

The Illinois Domestic Violence Act of 1986 defines domestic violence (also known as family violence) as abuse, meaning physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation. Incidents of domestic violence can occur between married or divorced spouses, current or former romantic partners, roommates and housemates, parents and children, extended family members, and divorced or unmarried co-parents.

Orders of protection are common in many domestic violence cases. 

An order of prtotection is a civil court order that prohibts a person from contacting or coming near the petitioner. Any orders of protection or accusations or abuse will be considered in child custody cases.

How Domestic Violence Impacts Child Custody Decisions

A judge will not authorize visitation for a parent whose relationship endangers a child's health. Courts can limit parenting time when a judge believes an abusive parent is likely to abuse or endanger a child during their visitation, use visitation as a chance to harass a person or other party in that household, or act in any manner that endangers the child’s safety or wellbeing.

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 Posted on February 07, 2023 in Divorce

When people involved in a divorce or family law case head to court and go through a trial, it is important to understand that a court decision is not necessarily the final word on the matter. Illinois Supreme Court Rules allow people to appeal court decisions, meaning any judgment in a Circuit Court can be appealed to an Appellate Court and a judge or panel of judges may review the case.

Appeals typically have to be filed with the Circuit Court Clerk within 30 days of a court decision. After 30 days pass, the decision becomes binding, and no appeals will be granted.

Legal Grounds for Appeals

Appeals cannot be based on simple dissatisfaction with a judge’s decision. An appeal needs to allege some kind of mistake of law or mistake of fact.

A mistake of law involves a misapplication of the law. A mistake of fact involves a misapplication or misunderstanding of the facts in the case. In other words, the judge’s conclusion was made in error. 

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