Free Initial Consultations
630-580-6373With offices in Naperville, Joliet, Wheaton, Plainfield & Chicago
630-580-6373630-580-6373
Victims of abuse often assume that a documented history of violence will protect them and their children during and after a divorce. Sadly, this is rarely the case. Instead, abusive spouses often use their children as a way to get close to the victim again. The means and methods for doing so vary from one case to the next, but with proper advocacy and protection, victims and their children can reduce the risk of future abuse. Learn more in the following sections, including how the assistance of a seasoned divorce attorney can help to mitigate against the issues that often arise in a divorce from an abusive partner.
Make Safety Your Primary Focus
Divorce is a complex process, with many pitfalls, but the biggest threat to victims of domestic violence is that of continued abuse. As such, the primary focus should be safety. Create a safety plan and, if necessary, obtain an order of protection. If the children are not covered under the order of protection (which is a possibility), then victims are encouraged to make child exchanges in a safe, public place (i.e. the police station). Do not engage in arguments and never agree to meet your spouse alone - not even to talk about the children. Instead, seek assistance and support from an experienced attorney.
Families choose adoption for a variety of reasons. Whatever your family’s reasons may be, it is critical that you take the time to adequately prepare for the mental and emotional toll it can have on all involved parties. Learn more in the following sections, including how the aid of a seasoned family law attorney can help ease the process and improve the overall outcome.
Educate Yourself on the Process
Prospective parents are not always prepared for the mentally and emotionally taxing adoption process, which often exacerbates matters even further. Thankfully, the risk of excessive and unnecessary stress can be reduced if prospective parents take the time to familiarize themselves with the adoption process, as well as any potential obstacles that may arise (i.e. a birth mother changing her mind). Parties are also encouraged to research the various types of adoption (i.e. foster adoption, international adoption, closed adoption, etc.) and the associated costs and requirements to help them in determining which avenue may be most suitable for their situation.
While even happily married parents can disagree over the best interests of their child, those who are going through a divorce are far more likely to argue excessively over the matter. Sometimes this is because there truly is a risk to the child’s well-being, but other times, it can be related to a vindictive or alienating spouse. Learn more about what happens in these situations, and discover how a seasoned divorce lawyer can help you mitigate against such issues.
Parents Disagree Over Child’s Football Career
In an unprecedented Pennsylvania divorce case, two parents are fighting over whether their son should be allowed to continue his football career. At age 17, he has already suffered three previous concussions. His mother has not questioned their son’s doctors, who say there is no reason why he cannot continue playing. His father says he is concerned that continuing to play could cause severe permanent damage. He is filing suit against the mother as a way to advocate for his son, but he fears that his concerns will be dismissed.
Divorce can be an emotionally painful process, and that can make it difficult to navigate through it without saying or doing something you will later regret. Thankfully, it is possible to reduce your risk of regret in a divorce, so long as you have the right knowledge, tools, and resources at your disposal. Learn more in the following sections, including why the assistance of a seasoned attorney is a critical element in your regret prevention plan.
Prevent Unnecessary Financial Loss
Financial loss in divorce is an all-too-common (but highly preventable) issue - and while it may not seem all that worthy of regret, if severe enough, it can have long-term or even life-long repercussions. Retired and near-retired parties and women are considered to be at the highest risk for these losses, but men can experience them as well. A few ways to prevent them are to:
Pets have increasingly become grounds for contention in divorce - so much so that many states (Illinois included) have begun to adopt laws regarding the “custody” of pets. Though they may be unable to entirely eliminate the issues that may arise in a high-contention pet custody case, these new laws give pet owners more power when advocating for their animal’s well-being. Learn more about how you can handle pet custody issues in both contentious and non-contentious divorces, and discover how the aid of a seasoned divorce attorney can help ease the entire process.
Creating a Pet Custody Agreement
Pets have become beloved family members for most Americans, and some couples treat them more like children than animals. Sadly, they cannot express their feelings or wishes during a divorce. Instead, the matter of custody is left up to the pet owners, and while the law does make provisions for custody, the guidelines are nowhere near as comprehensive as the ones for child-related matters. No “plan” exists. Owners must come up with their own. A few matters to consider when crafting yours might include:
Some people believe that “absence makes the heart grow fonder,” but deployed soldiers often have a different experience. They return home to find that their once loving and supportive spouse has grown cold and is seeking a divorce. Regardless of their reason, their decision can place servicemembers at serious risk - and not just financially. Emotional anguish, brought on by the grief of losing their spouse, could endanger their lives. Thankfully, it is possible to mitigate the issues. Learn more, including how a seasoned divorce attorney can assist with the process.
Preparing for Divorce While Deployed
Divorce can be a complicated endeavor for any individual but deployed servicemembers often experience distinct disadvantages while trying to navigate the process. They may lack the communication options necessary for communicating with their attorney, and access to their bank account may be either limited or non-existent while overseas. In contrast, their spouses, who are usually stateside, may have unfettered access to the money, an attorney, and even the servicemember’s personal belongings.
You may have years, perhaps even decades until your retirement, but you are going through a divorce, the time to start thinking about your nest egg is now! Often one of the more valuable assets in a marital estate, retirement and pension accounts are the primary source of contention in approximately 60 percent of all high-conflict divorces. It is also one of the most complex assets to divide in divorce, and mistakes are both costly and exceedingly common. Learn how to avoid them, and discover what a seasoned divorce attorney can do to help.
Retirement Plan Types - Why It Matters
Not all retirement plans are the same, especially when it comes to dividing them in a divorce. Pension plans and 401K plans must be divided using a qualified domestic relations order (QDRO). This document, though based on the details of your divorce decree, is actually separate from your agreement, and it should be treated as such. It is a specialized legal area - and not all divorce attorneys have experience with them, so be diligent in your search for one.
Divorce tends to go smoother when both parties are focused on ending things amicably. Unfortunately, the end of a marriage can stir up a number of strong, negative feelings (resentment, anger, rejection, etc.), which may cause some individuals to act out in ways that hurt the other party. What happens when they seem to be more focused on “getting even” than ending things in a peaceful manner, and how can you mitigate against the potential issues that may arise from their vengeful ways? The following information explains, and it provides details on how the assistance of a seasoned divorce attorney can help improve the final outcome of your Illinois divorce.
Communicating with a Vengeful Spouse
One of the more difficult (but effective) ways that you can minimize conflict in a divorce is to change how you communicate with your spouse. Rather than engaging in conversations over the phone or in-person, consider switching to a written form of communication (text or email). Do not respond to baiting or hostile comments; they are nothing more than tactics to draw you in. Also, you should limit your responses to no more than one email or one set of text messages a day (even if your spouse sends you 20). Keep your language professional, and distance yourself from any conversation that is not directly related to your divorce or children.
Since the recession, the number of female-run businesses in the United States has increased at a rate five times higher than all other corporations. Female-owned businesses have also seen the greatest revenue increase over that same time-period (35 percent increase in women-run businesses compared to 27 percent among all other U.S. businesses). Sadly, female entrepreneurs still have a major disadvantage in the business world: In divorce, female entrepreneurs typically assume far more risk than their male business-owning counterparts. Learn how you can protect your company and your financial future with the assistance of a seasoned, competent divorce lawyer.
Is Your Spouse Entitled to a Portion of Your Company?
Not all businesses may be divided in a divorce. Companies that are started prior to the marriage are not typically considered a marital asset, and they may not be divided in the divorce (unless marital money was co-mingled with company funds). However, the owner of the company may still owe their spouse a settlement or alimony if certain contributions were made (i.e. staying home with the children while the owner grew their business), even if the business is not to be split in the divorce. A seasoned attorney can help you determine if your business is a marital asset, and they can assist you in protecting it.
In an Illinois divorce, parties divide their assets in an equitable manner. However, not all items can be divided or split. Some items can also be difficult to value; art is a prime example. Learn more about how difficult-to-divide assets like artwork are divided in a divorce, and discover how a seasoned attorney can help to protect your financial future.
The Value of Art
Legally speaking, artwork purchased during the marriage is no different than any other valuable asset; it is appraised and receives a dollar value and is then added to the overall total of the marital estate. Parties can then either sell the artwork and split the proceeds in an equitable manner, or one party can “buy” the other out by offering other assets in lieu of the artwork.
Unfortunately, it is not always easy to place a value on artwork. Appraisers can only offer estimates on what a piece may go for if it is sold, and the values can be different from one appraiser to the next. Having one party that is particularly attached to their art collection can even further compound the issue. How do couples work around such issues?
2224 W. Ferry Road, Unit 113, | |
1776 S. Naperville Road, Building A, Suite 105, | |
321 N. Clark Street, Suite 900, | |
58 N. Chicago Street, Suite 102, | |
2407 West Lockport Street, Suite 201-H, |
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
