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Recent Blog Posts
What Should You Not Say During Divorce Mediation?
During a turbulent divorce, mediation can be a real lifeline, allowing a couple with a contentious relationship to resolve disputes in a way that does not escalate hard feelings. When mediation works as it should, a divorce agreement can be crafted so that both parties can live with it while avoiding a long, expensive courtroom battle. Although divorce mediation is a more peaceful process, there are things you should avoid saying to ensure the most productive mediation experience.
If you are considering mediation, having an experienced St. Charles, IL mediation attorney from Shaw Sanders, P.C. will ensure the procedure goes smoothly and the outcome benefits you and your future. Our firm has extensive family law experience and can help determine whether mediation is the right choice. It is important that you are fully prepared for the mediation experience to reap the maximum benefits from the process. So, what should you avoid saying during your mediation meetings?
How Can I End My Civil Union in Illinois?
Often, when a man and woman fall in love and think they want to spend the rest of their lives together, they get married. However, until recently, this was not a possibility for gay couples. For a long time, they had no option for being legally recognized as a couple. Then, on January 31, 2011, the Illinois Religious Freedom Protection and Civil Unions Bill was signed into legislation and enacted later that year.
This bill essentially made it legal for same-sex couples to enter into a civil union, which was to be identical to marriage. By June 1, 2014, a bill went into effect that enabled same-sex couples to get legally married. And just as same-sex marriage is legal, so is same-sex divorce. If you have questions about civil union dissolution, speak with a skilled Kane County, IL family law attorney to learn more.
How Can I Get My Illinois Child Custody Order Changed?
When parents split up, any conflict or acrimony between the two can often spill over into their co-parenting relationship. Even long after the court has issued its final custody decree, parents may still disagree over even some of the most basic issues concerning their child.
However, there are situations where one parent may have a legitimate reason to worry about their child's safety when they are with the other parent. Unfortunately, that parent cannot just decide on their own to stop the child’s parenting time with the other parent. If you find yourself in this situation, it is important to speak with an Illinois family lawyer to determine your legal options.
How Illinois Law Views Child Custody
Several years ago, there was a major overhaul of Illinois family law statutes by lawmakers. One of those changes involved how child custody is viewed. Instead of referring to this issue as "child custody," the court now refers to it as the "allocation of parental responsibilities," which refers to significant decision-making for the child and "parenting time," which replaces the term "visitation."
Do I Have to Divide a Personal Injury Settlement in Divorce?
One of the hardest things to do in any divorce is to split up marital assets. Courts want spouses to to reach an agreement on their own, but sometimes this is not possible because of distrust, hostility, or the complexity of their assets.
People often have questions about what is included in marital asset division. Is the wedding ring? How about the antique car one spouse inherited from his grandfather? Lottery winnings? Personal injury or workers’ comp money? Read more to learn about what the division of marital assets might include. Then, contact our greta team of Illinois divorce attorneys to get advice for your situation.
What Kind of Property is Divided in an Illinois Divorce?
Divorce law is different from state to state, so the law in one state may not be the same as states that are right next door. In some states, for example, personal injury money is not considered marital property. In Illinois, however, it is. This means that if you got a personal injury settlement during your marriage, that money is considered marital property and could be divided in your divorce.
How Can a Financial Restraining Order Protect Assets in an Illinois Divorce?
When people hear the word "restraining order," they often associate it with situations involving domestic violence or harassment. However, other types of restraining orders can be issued under Illinois law, including a financial restraining order. If you and your spouse are getting divorced and have significant assets or anticipate that any negotiations over the division of marital assets will be contentious, a financial restraining order can ensure your right to those assets is protected. A Kane County divorce lawyer can assist you with this process.
Why Would You Need a Financial Restraining Order?
The state of Illinois uses the equitable distribution standard when it comes to dividing up assets and property in a divorce. The goal is to divide these items fairly. However, in many cases, fairness is not necessarily a 50/50 split. Factors the court may consider include how long the couple has been married, what the financial contributions of each spouse were, and what each spouse’s future financial earnings outlook is.
What Can I Do if My Divorce Mediator is Biased?
In times past, the stereotype of divorce was that of an angry, prolonged courtroom battle. Spouses lobbied insults at each other over the heads of their attorneys, while the judge banged the gavel and called for order.
If that ever was the case, it certainly is not anymore. Judges in Illinois want to see couples do their best to solve problems on their own, without the help of a court. Although court intervention is possible and sometimes necessary, divorces with the best long-term outcomes are those in which a couple is able to negotiate important issues outside of court, using divorce mediation if necessary.
Of course, in order to work towards a fair divorce decree, everybody has to be negotiating in good faith. That includes the mediator. Most mediators are careful, wise, and experienced divorce attorneys who understand what it takes to get a reasonable agreement out of a disagreeing couple. Mediators are not perfect, however, and sometimes they run into the same personal biases that the rest of us do. If you are trying to pursue divorce mediation and have a hunch that your mediator is turning the case against you, it is important to take action. The outcome of a divorce decree has the potential to impact you for the rest of your life. Contact our Illinois divorce attorneys today.
Post-Divorce Enforcement – What You Need to Know
When a divorce is finalized, both parties must adhere to the divorce order that has been agreed upon. Divorce orders typically outline certain responsibilities for both parties, such as child custody and alimony obligations, and ignoring or neglecting these responsibilities can lead to serious consequences. Repeated violations of a divorce order can result in the need for post-divorce enforcement.
An experienced Illinois post-divorce enforcement attorney can review your case and give you an idea of your next steps if your ex is violating a divorce order.
What Counts as Violating a Divorce Order?
Divorce orders include important agreements about issues like visitation (parenting time), decision-making authority (custody), child support, and alimony payments. Both ex-spouses must uphold their end of the agreement after a divorce, as divorce orders are legally binding.
My Ex Is Stalking Me During Our Divorce - What Do I Do?
As you start the process of divorce from your ex, there is a chance that the stress of the situation can bring out the worst behaviors in your former partner. Additionally, if there has been a history of domestic violence in your marriage, you may be at risk of being stalked or threatened by your ex during a divorce.
Being a victim of stalking can be scary, and it is important to speak to a knowledgeable Illinois order of protection lawyer to understand how you can protect yourself from stalking behavior during your divorce.
Stalking During Divorce
Illinois law defines stalking as repeated behaviors that are directed at a specific person in order to harass, cause fear, or otherwise threaten that person. Stalking may happen during a divorce if there is a history of domestic violence, if one party feels particularly enraged or angered about the situation, or if one party is having trouble letting go of his or her ex.
Is Illinois Divorce Mediation Right for Me?
Opting for a mediator in your divorce instead of a lengthy court battle can save stress and time, but divorce mediation is not the right choice for every divorcing couple. Understanding whether or not Illinois divorce mediation is the right choice for you can depend on the relationship you have with your soon-to-be-ex spouse and your divorce needs. A skilled Illinois attorney who also works as a divorce mediator can further answer your questions.
What Are the Advantages of Divorce Mediation?
Mediation is when you and your spouse sit down with a mediator to discuss your issues and reach mutually acceptable solutions. With the help of a mediator, you can have a neutral third party who will help to influence the conversation in a positive way, ensuring you and your partner reach agreements without arguments or unproductive fights.
What Can I Do if My Ex Refuses to Pay Alimony?
Alimony payments, also known as spousal support or spousal maintenance payments in Illinois, refer to payments made from one ex-spouse to another after a divorce is finalized. Alimony payments are court-ordered, and your ex failing or refusing to make his alimony payments can come with serious legal consequences.
If you are struggling to get your ex-spouse to pay alimony, you will need the assistance of an Illinois spousal maintenance lawyer to explore your enforcement options and help you get the payments you need.
Can I Go to Court to Enforce Alimony?
While you may be tempted to go to court immediately to force your ex to pay, your first step should be a conversation with your former spouse whenever possible. This can let you know if your ex has truly fallen on hard times and needs an adjustment to the payment schedule, or if he is refusing to pay alimony willfully. Consult your lawyer before having this conversation and try to get your ex’s response in writing.
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