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Glen Ellyn divorce lawyerDivorce is stressful for everyone in the family, especially the children. Parents are not perfect--they can, and probably will, make mistakes. However, understanding common mistakes that parents make during a divorce can increase your chances of avoiding them.

1. Making the Child the Messenger

When you are going through a divorce, you probably do not want to talk to your ex. Since the child is the common factor between both of the parents, they are often told to deliver messages to the other parent. This can be stressful for the child and often makes them feel like they are in the middle of everything. Your parenting relationship will continue with your ex for a while, and maintaining decent communication between the two of you will make things easier for everyone.

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Naperville divorce and family law attorneyWhen a couple goes through divorce, the whole family is affected. Often, there are children involved in divorces, and because they are still developing physically and emotionally, they can be strongly affected by a divorce. While not every child is the same, and each child will react differently, there are some general tendencies that happen in children of specific age groups. Understanding how your child may react to the news of a divorce can help you comfort them through this tough time.

Infants

Even though infants are not completely aware of the situation, they do notice and react to the increased tension that a divorce can bring into a household. A stressed infant can exhibit symptoms such as:

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Wheaton adoption lawyerMore than 110,000 adoptions took place in the United States in 2014, according to the National Council for Adoption. Making additions to your family is an exciting time, and many Americans are choosing to make those additions through adoption. The adoption process can be overwhelming, stressful and emotionally draining, with long waiting periods and mountains of paperwork. However, the process can be broken down into simple steps, all of which an experienced attorney can guide you through.

1. Choose an Adoption Provider

There are many different outlets through which you can adopt a child in the United States. The most common outlets are:

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Posted on in Divorce

DuPage County divorce mediatorEnding a marriage is a complicated process, requiring spouses to separate nearly every aspect of their combined life and partnership. During divorce, couples must resolve a wide variety of legal issues, including how to divide marital assets and debts, how to allocate parental responsibility, and whether one spouse will pay spousal maintenance or child support to the other. Disagreements over these issues are likely to occur, and resolving these disputes in court can result in a great deal of financial strain and emotional difficulty. Luckily, there is another solution: mediation.

Successful Divorce Mediation

During mediation, spouses will work together with an impartial third party who will help them address and resolve the outstanding issues in their divorce. Mediation is completely confidential, and the decisions spouses make are only binding if both spouses agree to them in writing.

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DuPage County premarital agreement lawyerWhen a couple is planning to get married, the possibility of divorce is likely the last thing on their mind, and planning for what should happen if their relationship ever ends may seem distasteful. However, it is often a good idea to create a prenuptial agreement which can provide both spouses with legal and financial protections if they should ever decide to divorce. Here are some reasons that you may wish to have a prenuptial agreement before you get married:

  • Income disparity - When one spouse earns a higher income than the other, this may put the lower-earning spouse at a disadvantage if they decide to divorce. A prenuptial agreement can be used to decide whether one spouse will pay spousal maintenance (alimony) to the other if their marriage ends.
  • Ownership of assets - The property that a person owns prior to getting married is considered non-marital property that is not subject to equitable division between spouses during divorce. However, marital and non-marital property can often become commingled, making it difficult to determine what should be divided between divorcing spouses. A premarital agreement can be used to specify how ownership of certain assets will be handled during divorce.
  • Significant debt - If either spouse has a large amount of debt when they are getting married, a prenuptial agreement may specify that the other spouse will not be responsible for paying any of this debt after divorce.
  • Business interests - A business owner will want to ensure that they will be able to continue operating their business, no matter what happens during their marriage or divorce. A premarital agreement can determine how business ownership will be handled if the marriage ends.
  • Blended families - Spouses who have children from a previous relationship will want to be sure their children are provided for. In these cases, they may use a prenuptial agreement to safeguard certain assets and ensure that they are used to support their children.
  • Inheritances - If either spouse expects to receive an inheritance from a family member during the course of their marriage, they may use a premarital agreement to protect inherited assets from division during divorce.
  • Reputation - In today’s connected world, information posted online can have consequences to someone’s personal life and career. Spouses may wish to use a prenuptial agreement protect their reputation by stating that they are not allowed to post disparaging comments, pictures, or videos about each other on social media.

Contact a DuPage County Family Law Attorney

If you are planning to get married, and you have concerns about what will happen if you ever get divorced, the attorneys of Anderson & Associates, P.C. can help you create a prenuptial agreement that protects your rights and financial interests. Contact a Wheaton prenuptial agreement lawyer at 630-653-9400 to schedule a free consultation.

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Wheaton divorce attorney equal parenting timeDuring divorce, many of the most contentious disputes between spouses involve decisions made about their children, including how they will share parenting time and parental responsibility. For many years, it was presumed that living primarily with one parent was in children’s best interests. However, a number of recent studies have found that it is beneficial for both parents to be closely involved in their children’s lives. With that in mind, many states, including Illinois, have passed or are considering legislation that would presume that children should spend equal amounts of parenting time with each parent following divorce.

Illinois’ Possible Equal Parenting Law

The Illinois House of Representatives is currently considering a bill which would affect the decisions made about parental responsibility and parenting time in divorce cases. HB 4113 would make the following changes to Illinois’ divorce laws: 

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Wheaton divorce attorney reducing stressEnding a marriage is a difficult process. As you come to terms with the break-up of a long-term relationship, deal with complicated legal issues, and adjust to new living situations and changing relationships with your children, family members, and friends, you will likely experience a great deal of stress. The following tips can help you reduce the effects of this stress and prepare for your new life following your divorce

  • Join a support group - Meeting with others who are going through the same thing you are is a great way to help you understand that you are not alone and learn strategies for coping with the difficulties you are going through.
  • Spend time with friends - It can be easy to withdraw from contact with others during divorce, but reaching out to close friends and family can help you avoid becoming lonely and provide some much-needed support.
  • Consider your emotional needs - It is okay to feel sad or angry about your situation, but you should avoid becoming consumed by negative emotions. Work to let go of what you cannot control and focus on the positive aspects of your life.
  • Exercise - Being active is a great way to relieve stress, and it can also help improve your mood. Whether you are regularly working out at the gym or simply taking walks around your neighborhood, focusing on your physical fitness can give you goals to work toward and help you maintain a consistent routine.
  • Eat well - Maintaining a healthy diet is another good way to elevate your mood and help you feel good about yourself following divorce. Exploring new foods and cooking techniques can also help you broaden your horizons and connect with others who have similar interests.
  • Avoid being hasty - Before making any significant changes to your life, such as beginning a new relationship or making a major purchase, take time to consider whether it is the best decision for you. Rather than acting out of emotion, try to be patient and rational, ensuring that you maintain the stability you need and avoiding stressful situations.

Contact a Wheaton Divorce Attorney

The decisions you make as you set out on the next phase of your life following divorce will affect your life for years to come, so it is important to protect yourself and build an environment that allows you to thrive. If you need help resolving any legal issues in your divorce and establishing a foundation for success in your new life, Anderson and Associates, P.C. can work with you to help you reach a positive resolution to your divorce case. Contact our DuPage County divorce lawyers at 630-653-9400 to schedule a free consultation.

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DuPage County divorce attorney parenting planWhen parents decide to end their marriage, they must resolve a number of issues related to their children in order to complete their divorce. The decisions they make will be set down in a parenting plan that will be incorporated into their divorce decree. In Illinois divorce cases, a parenting plan should include:

  • Allocation of parental responsibilities - Illinois law identifies four areas of decision-making responsibility for children: education, healthcare, religion, and extracurricular activities. A parenting plan will specify whether each of these areas will be shared between parents or allocated to one parent.
  • Parenting time - A parenting plan should contain a specific daily schedule for the time children will spend with each parent. It should also specify how holidays will be divided between parents, along with provisions for how parents will divide vacation time during the summer, winter, and spring breaks from school.
  • Transportation - Parents should determine who will be responsible for transporting children between their homes, to school, or to other activities and include these agreements in the parenting plan.
  • Communication - A parenting plan may include provisions defining when a parent may contact their children during the other parent’s parenting time.
  • Right of first refusal - Parents may wish to agree that if one parent will not be available to care for children during their scheduled parenting time, they must contact the other parent and give them the option of caring for the children before making other arrangements for child care.
  • Contact information - The parenting plan must include both parents’ home addresses and phone numbers, as well as the names, addresses, and phone numbers of their employers. The parenting plan should specify children’s residential address for purposes of school registration, and it should require parents to notify each other about emergencies, health issues, and travel plans.
  • Relocation - A parenting plan should include a requirement that a parent will notify the other parent at least 60 days before moving to a new home.
  • Future modifications - A parenting plan should specify that parents will use mediation to resolve proposed changes to the allocation of parenting time or parental responsibility. The plan may also include provisions for how modifications will be made if certain events occur.
  • Other provisions - A parenting plan can include any other decisions made between parents to protect children’s best interests or encourage parents’ cooperation in raising their children. For instance, it may state that parents are prohibited from drinking alcohol or using drugs during their parenting time.

Contact a DuPage County Divorce Attorney

Illinois law requires parents to submit a parenting plan (either together or separately) within 120 days of filing a petition for the allocation of parental responsibilities. If you need help reaching an agreement on any parenting issues during your divorce, the attorneys of Anderson & Associates, P.C. can work with you and your spouse to resolve outstanding issues and create a parenting plan that protects your rights and meets your children’s needs. Contact a Wheaton divorce lawyer today by calling 630-653-9400 to arrange a free consultation.

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Wheaton divorce lawyer unallocated support alimony taxesWhen spouses divorce, they will both often struggle to support themselves financially as they adjust to living in on a single income rather than two combined incomes. In some cases, a person may be able to receive financial support from their former partner. This support may include either child support meant to provide for children’s needs or spousal maintenance (formerly known as alimony in Illinois) meant to help a spouse maintain a similar standard of living to what they were accustomed to while married. In some cases, unallocated support may be beneficial for both parties, but divorcing spouses should be aware of how recent changes to the law affect this type of support.

What Is Unallocated Support?

Under current laws, spousal support payments may be deducted from the payor’s taxable income, and they must be reported as taxable income by the recipient. Child support is taxed in an opposite manner: it is not tax-deductible for the parent paying support, nor is it taxable for the parent receiving support.

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DuPage County divorce attorney parents childrenThe breakdown of a marriage is a stressful, difficult experience, not only for the spouses, but also for their children. When parents decide to get divorced, it may ultimately be the best decision for their family, but it can also affect their children in a variety of ways. In order to protect children and provide them with the support they need, it is important to understand the impact that divorce can have on them and how these effects vary depending on children’s age.

Babies and Toddlers

Small children are still developing cognitively, and they will struggle to understand what is happening when their parents break up. However, they do recognize emotions, and they will be affected by the tension and conflict between parents. They may become irritable, they might have difficulties eating and sleeping, and their development may slow or regress.

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Wheaton divorce lawyer marital difficultiesFew people enter a marriage expecting their relationship to end, but unfortunately, divorce is all too common. Marriage takes a lot of work, and spouses will need to put in time and effort throughout their years of partnership if they want to keep their relationship strong. There are a wide variety of reasons why marriages break down, but here are some of the most common issues that can lead to marital difficulties, and eventually to divorce:

  • Money problems - Financial issues can be one of the primary sources of disagreement in a marriage. When couples do not discuss their outstanding debt, including student loans and credit card debts, before getting married, they may find that these obligations affect their plans for buying a house, having children, or maintaining the standard of living they expect. Couples also often disagree about budgeting, expenses, and purchases, and this can be a major source of stress in their relationship.
  • Changing plans and expectations - People’s ideas of what they want out of their life can often change as they get older, and this may lead spouses to grow apart as they discover they have differing goals or plans for the future.
  • Failure to stay connected and committed - A healthy relationship requires commitment from both parties. Unfortunately, people often become complacent in their marriage, failing to regularly communicate with their spouse and be there for them. 
  • Lack of intimacy - A failure to regularly communicate often leads to a lack of a physical and emotional connection as well. When a couple becomes little more than roommates rather than partners, this can make divorce likely.
  • Religion - Spouses who do not share the same beliefs may be able to overcome these differences early in their relationships, but these issues can create a rift later in a marriage, especially when disagreements arise related to family expectations, holiday celebrations, traditions, and how children will be raised.
  • Family issues - Relationship issues can result when a spouse does not get along with their in-laws or when they are not prepared for a certain level of involvement in their lives from other family members. Children can also affect a marriage, especially when parents focus on their children at the expense of their own relationship.

Contact a Wheaton Family Law Attorney

Each of these issues on their own may not spell the end of a marriage, but the combination of multiple factors, along with other reasons that may be unique to each individual situation, can cause the irretrievable breakdown of a relationship. If you have reached the point where you feel that ending your marriage is the best solution for you, the attorneys of Anderson & Associates, P.C. can help you understand your rights and work with you to complete the legal requirements for dissolving your marriage. Contact a DuPage County divorce lawyer at 630-653-9400 to schedule a free consultation.

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Wheaton divorce preparation attorneyThe end of a marriage is a difficult prospect for many people to come to terms with, but getting out of a relationship that is no longer working is often best for everyone involved. However, determining the best path to take and understanding the issues that must be resolved during divorce can be a daunting prospect. If you are considering divorce, or if you are ready to begin the process of ending your marriage, be sure to take the following steps:

  1. Understand your options - Are you ready to end your marriage as soon as possible, or would you prefer legal separation while you attempt to repair your relationship? Will you be able to resolve issues amicably through mediation, or do you expect any contentious disputes to arise? Are you able to reach an agreement regarding parental responsibility and/or parenting time? Addressing these issues will help you know what to expect during divorce and ensure that you are prepared to meet your legal requirements.
  1. Get your finances in order - Be sure you fully understand your finances, including the income you earn, the assets you own, the expenses you must pay, your credit card debt, and any other relevant aspects of your situation. Open bank accounts and credit cards in your own name, giving you complete control of your own finances. Document your assets and valuable possessions to ensure that they will be divided equitably during divorce.
  1. Consider your living situation - Will you or your spouse continue living in your marital home, or do you plan to sell the house? Will you be able to continue living together until the divorce is finalized? Do you know where you will be living, and will you be able to pay expenses such as rent and utilities? Answering these questions will help you prepare for success in your newly single life.
  1. Set rules for communication - Your relationship with your spouse is probably already strained, and communication with them will likely only become more difficult during divorce. Creating rules for when and how you will contact each other and what is appropriate to discuss can help you avoid emotional conflicts and reach a resolution to your divorce more effectively. Work on keeping communication brief and businesslike, avoiding arguments over who is to blame for the failure of your relationship.
  1. Determine how to talk to children - Telling your children about your divorce can be difficult, but ideally, both parents should talk to children together, letting them know that the divorce is not their fault and that you will always love them, no matter what. Before having this conversation, it is a good idea to speak to your spouse to ensure that you are both on the same page and agree to keep children out of any conflicts between you.
  1. Speak to an attorney - Even if your divorce is amicable and you expect to be able to reach a resolution with minimal conflict, you should work with a divorce lawyer to draft a settlement that meets the legal requirements for dissolving your marriage. This will ensure that no unexpected issues arise and provide you with a legal framework for any disputes that may come up in the future.

Contact a DuPage County Divorce Attorney

While divorce can be complicated, proper planning and preparation will allow you to reach a favorable resolution. At Anderson & Associates, P.C., our attorneys can help you meet your legal requirements and negotiate a favorable settlement while ensuring that your rights are protected throughout the divorce process. Contact our Wheaton divorce lawyers at 630-653-9400 to schedule a free consultation.

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Wheaton spousal maintenance lawyerDivorce can cause a great deal of upheaval in a person’s life, and the prospect of single life can be especially stressful someone who earns less than their ex-spouse or who has chosen to care for children rather than work outside the home. Fortunately, Illinois law allows a lower-earning spouse to receive maintenance (which is also known as alimony) from their ex-spouse which will provide them with a standard of living that is close to what they enjoyed while they were married.

Calculating the Amount and Duration of Maintenance Payments Under Illinois Law

On January 1, 2018, a few recent changes to Illinois law went into effect, making some adjustments to the statutes governing spousal maintenance. The formula used to calculate the amount of maintenance in Illinois is now used when spouses earn a combined income of less than $500,000 (this was raised from $250,000), and the methods for determining the duration of maintenance were also updated.

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Wheaton order of protection attorney domestic abuseWhen someone is the victim of domestic violence or domestic abuse, they can obtain an order of protection which provides them with safety. However, victims often struggle to achieve independence from their abusers, since their lives are closely linked both personally and financially. Illinois law was recently updated to address one issue that often arises in cases of domestic abuse: cell phone accounts.

Separating Cell Phone Plans

On January 1, 2018, a new Illinois law took effect that allows a person who obtains an order of protection to transfer their wireless telephone number to a new account. This allows victims to separate their cell phone service from a plan that was shared with their abuser, providing them with financial independence and ensuring that their abuser will not be able to access information such as text messages, voice mail, or location data. The law contains the following provisions:

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Wheaton prenuptial agreement lawyerWhen a couple decides to get married, they will be uniting their lives and forming a legal partnership. Unfortunately, as statistics show, nearly half of marriages end in divorce in the United States. There are a variety of reasons for this, but since the possibility of divorce exists, couples can take steps to protect themselves by educating themselves about the law and planning for both a successful marriage and a potential divorce. Before getting married, they should be sure to address the following issues:

  1. Finances - How will income and expenses be shared after getting married? Does either spouse have significant debt? Will the spouses share bank accounts and credit cards? It is important for both spouses to be on the same page about their budget, their spending habits, and their financial goals, ensuring that they do not encounter any surprises after getting married.
  1. Property ownership - Does either spouse own valuable property or have significant financial assets? Will the couple be living in a home previously owned by one spouse? Does either spouse have ownership interests in a business? Spouses should be clear about what they own, how ownership of property will be handled going forward, and what will happen to this property if their relationship ever ends.
  1. Estate planning - After getting married, will the spouses’ wills need to be updated? Do they plan to give each other power of attorney? Do they have methods in place to protect their assets near the end of their life? Does either spouse need to put provisions in place to provide for children from a previous relationship? Couples should make sure they have addressed these issues and understand each other’s wishes regarding their estate.
  1. Prenuptial agreement - While planning for divorce before getting married may not be very romantic, having an agreement in place for how things can be handled if the relationship ends can alleviate a great deal of stress. Premarital agreements can be especially helpful for spouses who own a business, bring significant assets into a marriage, or want to ensure that their children will have financial resources no matter what happens in the future.

Contact a DuPage County Family Law Attorney

If you have any questions about the legal issues that you should consider before you get married, or if you want to make sure your family will have legal and financial protections in the future, the skilled attorneys of Anderson & Associates, P.C. can help you meet your legal requirements and protect your rights and interests. Contact our Wheaton family law firm at 630-653-9400 to schedule a free consultation.

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Wheaton divorce attorney helping parents and children adjust to divorceThe end of a marriage can be difficult for all family members, but when parents decide to get a divorce, they may not realize the effects that it can have on their children. Even when parents do their best to prepare their children for divorce, kids can struggle with the adjustment to living in two separate homes. As parents work to end their marriage and establish new living situations, they can take the following steps to help their children transition into this new phase of their lives:

  • Follow a regular schedule - Your divorce decree and parenting plan should include a schedule for each parent’s parenting time, and it is important to follow this schedule consistently. Make sure kids know the schedule and when they can expect to spend time with each parent. It is a good idea to keep a calendar in both homes that clearly displays the days when children will spend time with each parent.
  • Maintain consistency - Kids should have regular routines that they follow at both homes, letting them know when they can expect to eat meals, work on homework or chores, and go to bed. Work together with your ex-spouse to set rules, behavioral expectations, and methods of discipline that will apply in both homes.
  • Give them their own space - You can ease your children’s transition to a new living situation by keeping familiar objects in each home, such as clothes, toys, stuffed animals, or decorations. Kids may want to keep certain items at each home, or they may bring some items with them between homes. Allowing kids to help make choices about how to furnish or decorate their room is a good way to help them become more comfortable with their new living situation.
  • Allow communication - If children miss the other parent when they are staying with you, allow them to give the other parent a call, but do not require them to do so.
  • Follow regular pick-up and drop-off routines - Cooperate in transporting children between homes and keep these transitions conflict-free. Show up on time, and, if necessary, allow kids to have a few minutes of quiet time before they leave for the other parent’s home or after they arrive.

Contact a DuPage County Divorce Attorney

While the process of divorce can be difficult, it can ultimately provide a better environment for both children and parents by eliminating the stress of living in a home that is full of conflict. The experienced, compassionate attorneys of Anderson & Associates, P.C. can work with you and your spouse to address the legal issues that must be resolved during divorce and reach an agreement that protects your and your children’s best interests. Contact a Wheaton divorce lawyer today at 630-653-9400 to schedule a free consultation.

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Posted on in Divorce

DuPage County grey divorce attorneyIn our modern society, divorce is an unfortunate reality that affects couples of all ages and income levels. But while the overall rate of divorce has remained steady, the divorce rate of people over the age of 50 (known as “grey divorce”) has doubled since 1990. These divorces can become especially complicated, due to the length of marriages and the complex financial issues that can arise. Here are some issues which couples will need to be aware of during a grey divorce:

  • Spousal maintenance - In a long-term marriage in which one spouse earns more than the other, that spouse will likely be required to pay maintenance (alimony) to their former partner following divorce, and the duration of these payments is based on the length of the marriage. According to Illinois law, for marriages of 20 years or more, maintenance payments will last for the full duration of the marriage, or for an indefinite period. 
  • Pensions and retirement funds - As spouses near retirement, they will likely be planning to live on the savings they have made in a 401(k) or IRA or the pension provided by their employer. However, retirement savings and pension benefits are subject to equitable division following divorce, and spouses should be sure they understand how these assets will be divided. Transferring these funds or benefits between spouses typically requires the use of a Qualified Domestic Relations Order (QDRO).
  • Dividing marital property - Older spouses will often have acquired a large amount of assets during their marriage, and determining how to divide this property can be a complicated matter. One important question is who will retain ownership of the marital home. A spouse may wish to continue living in their long-time residence, but they should be sure they will be able to afford the costs of maintenance, upkeep, and property taxes while meeting their other obligations.
  • Social Security - If spouses were married for at least 10 years, an ex-spouse may claim Social Security benefits based on their former partner’s earnings, but only after they have been divorced for at least two years. During grey divorce, spouses should be sure they understand their Social Security benefits and how they will affect their retirement planning.

Contact a Wheaton Divorce Attorney

At Anderson & Associates, P.C., we understand the issues that couples face during grey divorce, and we can answer your questions, help you understand your rights and responsibilities, and work with you to reach a settlement that will meet your needs. Contact our knowledgeable, experienced DuPage County divorce lawyers today at 630-653-9400 to schedule a free consultation.

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Wheaton divorce attorney, divorce court, divorce process, divorce proceedings, divorce preparationThe process of ending a marriage through divorce can be very stressful. In addition to the strong emotions that come with the breakup of a relationship, there are a number of legal requirements that must be met as you work to complete the divorce process. Appearing in court can be especially anxiety-inducing, since you will likely be unsure of what to expect. However, by following these tips, you will be able to successfully accomplish your goals in your divorce proceedings:

  1. Hire an attorney - While you can represent yourself in your divorce, it is not advisable to do so. An experienced attorney can not only help you understand your rights and obligations, but he or she can also offer invaluable insight about the best ways to make arguments, the procedures and etiquette to follow, and what is likely to encourage the judge to rule in your favor.

  1. Be prepared - Be sure you have the required paperwork, financial documents, and any other appropriate evidence ready ahead of time. Talk to your lawyer about what will be discussed at your appearance, the issues you will be asking the judge to decide, and the arguments you will be making. Practice making prepared statements and be ready for questions that you might be asked. By being ready for every eventuality, you will not be taken by surprise by any developments, and you will be able to make a strong argument for why the judge should make a decision in your favor.

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DuPage County divorce attorneys, shared parenting, contentious divorce, parental responsibility, parenting timeThe end of a long-term relationship is difficult for everyone involved, but children of divorcing parents are often hit the hardest as they experience major changes to their lives and routines. A contentious divorce can have especially negative effects on children, including long-term health problems and psychological issues. However, even if parents are unable to agree on many of the various issues that must be settled during their divorce, they should consider their children’s best interests when making decisions about the allocation of parental responsibility and parenting time.

Research Shows the Benefits of Shared Parenting

Throughout the 20th century, many experts believed that children of divorced parents needed the stability of living in a single home rather than dividing time between parents. Divorce decrees typically reflected this, with one parent (usually the mother) being granted sole custody of children, and the other parent receiving limited visitation time. However, these types of arrangements no longer reflect the reality of modern parenting, in which both mothers and fathers are often highly involved in their children’s lives.

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collaborative law, collaborative divorce, Wheaton collaborative law attorney, alternative dispute resolution,  divorce settlementThe beginning of a new year typically sees the implementation of a variety of new state laws in Illinois, and this year is no exception. Among the laws that went into effect on January 1, 2018 is the Collaborative Process Act, which formally recognizes collaborative law as a legal procedure for resolving family law disputes. Couples who wish to reach an amicable settlement in their divorce may want to consider this method of alternative dispute resolution.

What is Collaborative Divorce?

Divorcing spouses must settle a variety of legal issues before their divorce can be finalized, including determining how to divide marital property, allocating parenting time and parental responsibility, calculating the correct amount of child support obligations, and determining whether one spouse will pay maintenance to the other. Resolving these issues in court through litigation can be incredibly expensive, time consuming, and stressful. Collaborative divorce provides couples with the option to work together with their attorneys to resolve disputes on their own.

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