What is Divorce Mediation?

Talking to your partner about the practicalities of separation or divorce can be extremely difficult. Divorce Mediators work with a couples involved in family break-ups to make arrangements, either to plan for a separation or divorce, or after the split has taken place.  

Mediation is one of the most frequently used methods of negotiating a divorce settlement. In mediation, you and your spouse meet with a neutral third party, the mediator, and with their help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost effective as possible. Topics covered in Divorce Mediation include:

  • Child custody
  • Child support
  • Property/Asset division
  • Retirement accounts
  • Taxes

While mediation sounds like an ideal solution for separating, there are pros and cons to consider first.

Pros of Divorce Mediation

There are several key benefits to using mediation for your divorce that have contributed to its growing popularity:

  • Speed: Because you do not need to wait for a court date, it is usually much faster to get divorced using mediation than by going to court. By getting you and your ex-partner in one place, it can also speed up communications between you.
  • Voluntary: Mediation is a voluntary process, so there is absolutely nothing forcing you to agree to anything that you find unacceptable during the mediation process. The fact that mediation is voluntary allows many divorcing spouses the sense of ownership and independence they need to feel comfortable making important compromises and decisions.
  • Control: Mediation allows you to keep control of your divorce, rather than leaving the final decision in the hands of a judge.
  • Privacy: When you go to court, the proceedings are held in public, meaning the details of your divorce, including any financial settlement will be made public. Mediation allows you to keep your divorce private, meaning the details will only be known to your and your spouse.
  • Cost: Mediation is generally much less expensive that court action because of the lower legal fees involved.

Cons of Divorce Mediation

Mediation is not the right answer for every divorcing couple, and there are some important elements of mediation that can be disadvantages:

  • Disputes: Mediation is not useful if the parties cannot engage in open dialogue with each other or if your spouse is more aggressive than you.
  • Hiding Assets: If your spouse is hiding assets, the mediator may not ever find out. If you have an attorney representing you, the attorney can use the discovery process and independent investigation to determine whether your spouse is hiding assets.
  • Fairness: Mediation does not guarantee a fair outcome.
  • Not for Complicated Matters: Mediation is not appropriate for certain cases, such as those involving domestic abuse and addictions.

Contact an Illinois Divorce Lawyer to Help with Your Mediation

Masters Law Group have many years of experience helping people to get divorced quickly, cost-effectively and with minimal conflict using mediation and other non-confrontational methods. With a sensitive but practical approach, we aim to make getting divorced as straightforward as possible.

Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. If you are looking to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment.

We look forward to learning more about you and how we can assist as your Divorce Mediators.

Divorce or Legal Separation: What’s best for you?

During the inevitably stressful time of going through a break up, it’s important to go through your options. To best determine what type of separation is best for you and your family, let’s first understand the difference between divorce and legal separation.

Divorce vs. Legal Separation

Your first thought may immediately go to divorce, and that is understandable due to it being the most common approach to seemingly irreconcilable differences. However, you have another option that is less permanent that is worth considering. There is a large difference between deciding to be physically separated from your spouse and legally separated from them.

A divorce means your marriage is 100% legally over, the court can assist in determining the allocation of parental responsibilities, parenting time, and child support. The court can also determine spousal support and divide property. Couples that have decided they can’t reconcile may be ready for an immediate divorce. However, even if you believe you will ultimately file for a divorce, a legal separation is worth to consider.

A legal separation is a less permanent option, meaning you’re living apart but still legally married. If you don’t think you can live with your spouse, you can file for legal separation. Obtaining a legal separation does not prevent you or your spouse from obtaining a divorce later. Legal separation is less emotionally taxing than divorce because the permanence of a divorce isn’t there which still allows for the legal relationship to exist between the married couple. The court can order a separation between you and your spouse, and it would include similar aspects to a divorce such as allocation of child support and custody arrangements.

When is a legal separation the better option?

Divorce may be the best option for you, it often is for many couples. However, there are some situations where a legal separation rather than divorcing straight away would make the most sense.

  • You’re not sure if your partnership is ready for a divorce, you just need some separation
  • Your religion doesn’t permit divorce
  • Certain benefits are at risk such as health insurance, social security, and others

As much as you may feel differently now, most couples are capable of making a compromise or would agree to a specified time to attempt to reconcile their differences. For troubled marriages, a legal separation is a solution that is often overlooked, but proven very effective for many couples that give it a go. The separation may ultimately lead to a divorce, but at least you can rest assured that you did everything that you could to try to repair your marriage.

Additional common questions about legal separation in Illinois

– Can I still get a Legal separation if my spouse does not live in Illinois?

Yes, you can still get a legal separation granted by the court when your spouse doesn’t live in Illinois, or never has lived there. Something the court may potentially not be able to decide upon in this scenario is custody of children.

– Can custody be decided in a legal separation?

Yes, custody can be decided between the partners if the child has lived in Illinois for over 6 months.

– How long do you have to live in Illinois to file for a legal separation?

You have to be living in Illinois for at least 90 days.

– Where should you begin with this overwhelming decision?

Hiring an experienced legal advocate that is well-versed in family law will be the best option for you moving forward. They can help explain this process to you and is the greatest way to ensure the best possible outcome that is custom and unique to your family’s situation.

At Masters Law Group, we provide divorce and legal separation services and also represent clients involved in these matters. If you are looking to explore your options on divorce or legal separation with professional and experienced advisors, contact Masters Law Group to schedule an appointment here.

 

 

Child Custody During COVID-19 and The Holidays

Dealing with child custody issues is stressful enough. Dealing with child custody issues during the COVID holidays poses an entirely complicated dilemma. Here’s how keep the magic alive for your children and ensure that the 2020 holidays are your best yet.

Shared custody is raising COVID-19 concerns as kids travel between households for the holidays this year. Millions of children split their time between parents every week and even more so during the holidays, but concerns over pandemic safety can make that time even more stressful.

Parents are facing unforeseen issues this year such as:

  • The child having to travel to another part of the state, or another state altogether, to visit their parent
  • One parent living in a COVID-19 hotspot
  • One parent had COVID-19 or is currently experiencing symptoms
  • One parent is not being careful about COVID-19 and could be putting the child in danger
  • One parent does not feel the virus is a true health threat
  • One parent is immunocompromised and in isolation
  • There may be a second wave and more shelter-in-place orders

These new and complex issues may be even more difficult if the courts backed up with cases because of the nationwide lockdowns this past year.

If you’re concerned about COVID-19 and your child’s holiday visitation schedule, then there are steps you can take to work it out with your co-parent, and then go directly to the court to ensure it is legally binding.

Parenting Time COVID Rules

Unless your specific court order prevents out-of-state travel or has other restrictions, then generally speaking, each parent may choose to travel during the holidays even during the pandemic, whether or not the other parent agrees. However, violating state travel laws, CDC and state quarantine guidelines and court-ordered visitation arrangements can potentially affect a custody case. Furthermore, personal issues may also arise when one parent feels safe with airline travel or interstate travel and the other parent prefers to stay at home and self-isolate.

First and foremost, if you chose to travel with your children during the holidays, check in advance for any quarantine restrictions. Following state-imposed guidelines while traveling and attending events during the holidays will help minimize or reduce any potential impact to your custody arrangement.

In Illinois, the Department of Public Health (IDPH) is offering recommendations on how to celebrate safer during the COVID-19 pandemic.  During a time when social distancing and limiting the number of people at gatherings is important, special considerations should be taken.

“COVID-19 has changed the way we work, live, and play, and will now change how we plan to celebrate the holidays,” said IDPH Director Dr. Ngozi Ezike.  “While the safest way to celebrate is with members of your household and connecting with others virtually, we know, for many, the holidays are all about family and friends, so we want to provide some tips on how to celebrate safer.”

The guidelines also say if you are hosting a holiday gathering, limit the number of guests and try to have as many activities outside as weather permits.

What this Means for Separated Parents

This is going to be a long winter for our country, businesses, schools, and families — no doubt. It will take a child-focused, selfless perspective by countless co-parents this holiday season in how to best approach visitation and traditions with families and children.

First and foremost, you must remember that child custody agreements in Illinois, and in every other state, are legally binding. As long as a parent is following these state guidelines for COVID-19 restrictions, most judges will not alter custody orders to prevent one parent from traveling with the children.

While it’s tempting to want to ask that you have your children for the entire holiday season, you should not be angry or upset with your ex-partner if you are denied this due to the schedule set by the court. This year, it is highly suggested that people who live together celebrate together, rather than mixing households. Consider hosting a virtual holiday get together or check in with your kids and mailing your gifts instead. We know it hurts to not be able to visit your children for the holidays, but if it means risking your own life to do so, it’s worthwhile to heavily consider the alternatives.

If you believe a holiday visitation or celebration could place your child and your family at a heightened risk for COVID-19, you should communicate this fact to the other parent and/or your attorney. Offer some safer options and attempt to be as flexible and compassionate as possible. Always try to set emotion aside and as parents, choose what is best for your children and your family as a whole.

Final Thoughts

This is going to be a long winter for our country, businesses, schools, and families — no doubt. It will take a child-focused, selfless perspective by countless co-parents this holiday season in how to best approach visitation and traditions with families and children. Most of all, keep in mind who the holidays are the most special for: your children.

If you need legal assistance to modify a child custody or parenting time agreement to reflect new choices that better keep your family safe, contact the experienced attorneys at Masters Law Group. We represents individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule.

 

Navigating The Hague Convention – International Child Abduction

The Hague Convention on the Civil Aspects of International Child Abduction provides an expeditious method to return a child internationally abducted by a parent from one member country to another. The powerful international treaty that can yield beneficial results when it is implemented correctly and appropriately.

The History of the Hague Convention

The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) was enacted into law through the International Child Abduction Remedies Act (“ICARA”) which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.

This multilateral treaty was developed by the Hague Conference on Private International Law (HCCH) and concluded on October 25, 1980, entering into force on December 1, 1983.

These participating countries are also included in a large treaty that governs the way different legal systems work together. There were two specific goals in mind at the time of The Hague Services Convention’s formation:

  • Create a means to ensure that judicial and extrajudicial documents to be served abroad can be brought to the notice of the addressee in sufficient time.
  • Improve the organization of mutual judicial assistance.

According to the Convention, the removal or retention of a child is “wrongful” whenever it breaches the rights of custody attributed to a person or any other body and if at the time of remove or retention those rights were actually exercised. Even if a parent already has legal custody of a child, the Convention is needed because U.S. court orders may not be recognized in other countries and sovereign nations cannot interfere with each other’s legal systems, judiciaries, or law enforcement.

As of July 2019, there are 101 states are a party to the convention.

Initiating the Process

Deciding whether to file a Hague application is an important decision and must be considered based on each case’s specific circumstances. Perhaps after separating from their partner, a parent wants to take their child and move to another country. Maybe a parent moved internationally in violation of a custody agreement.

Filing a case under the Convention does not guarantee that your child will be returned. To obtain the return of your child, through a Hague proceeding, you must first be able to demonstrate:

  • That your child was habitually resident in one Convention country, and was wrongfully removed to or retained in another Convention country;
  • The removal or retention of your child is considered wrongful if it was in violation of your custodial rights, and you were exercising those rights at the time of the removal or retention, or you would have been exercising them but for the removal or retention.
  • The Convention must have been in force between the two countries when the wrongful removal or retention occurred (the dates are different for every country); (Note: In many  instances, when a country accedes to the Convention, it is not automatically partners with all of the other countries who have ratified or acceded to the Convention.  Countries must accept another county’s accession to the Convention under the terms described in the Convention before a treaty partnership is created.
  • The child is under the age of 16.

Defenses/Objections

If the conditions for the return of a child to the country of habitual residence are established, there are at least six possible defenses, or exceptions to the mandatory return of a child. The burden of proof rests firmly upon the parent who opposes the return.

Under the Convention, a court may deny return of an abducted child if one of the following defenses apply:

  • There is a grave risk that the child’s return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation;
  • The child objects to being returned and has attained an age and degree of maturity at which the court can take account of the child’s views; or
  • More than one year has passed since the wrongful removal or retention occurred and the child has become settled in his or her new environment.
  • The party seeking return consented to or subsequently acquiesced to the child’s removal or retention.
  • The return would violate the fundamental principles of human rights and fundamental freedoms in the country where the child is being held.
  • The party seeking return was not actually exercising rights of custody at the time of the wrongful removal or retention;

Note: Interpretation of these exceptions varies from country to country.

Outcomes

If a court decides that a child must be returned to its country of habitual residence, it may make the return contingent upon certain “undertakings” from the petitioning parent. These may include: 

  • A requirement that the petitioner pay for the respondent and child to travel to the country where the child habitually resides.
  • A requirement that the petitioner make appropriate housing arrangements for the respondent and child in the country where the child habitually resides.
  • A requirement that the petitioner pay living expenses for the respondent and child in the country of the child’s habitual residence.
  • An order that the petitioner have no contact with the respondent if the respondent returns to the country of the child’s habitual residence.
  • An order that the petitioner will have no contact or limited (e.g., supervised) contact with the child once the child returns to the country of the habitual residence.

As you can see, international custody disputes are almost always extremely complex and delicate situations, and you should not attempt to navigate them without the assistance of a knowledgeable and experienced attorney.

Why Choose Masters Law Group?

International custody issues can be incredibly difficult to deal with as a parent because of the concern you have for the safety and security of your child, and should be handled properly by a knowledgeable attorney.

Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes and kidnapping in both courts located in the State of Illinois and the United States federal court system.

Read the details of our most recent successful Hague Convention case here. Furthermore, see what our clients have to say on representing their Hague Convention on Civil Aspects of International Child Abduction case:

 

I had a very difficult case in the United States Federal Court. My ex husband filed a Petition against me under the Hague Convention on Civil Aspects of International Child abduction asking to return our two sons to Lithuania. Seeking for the legal representation, I was advised by the U.S. Department of State to contact lawyer Erin E. Masters. I was so lucky to have the team of the best lawyers Erin E. Masters and Anthony G. Joseph representing me in this difficult trial.

They represented with the highest standards of law, but also provided support and empathy through the process. The communication was fantastic, always answered every question, explained every situation and possible outcome. As it was a very fast track case, Erin and Anthony worked hard including weekends to prepare everything for the hearing. There was only one hearing and the Decision was totally in my favor. All my family, especially the kids, are very grateful! It is also fair to mention that the legal expenses for the amount of services provided was very very reasonable. Taking in mind my difficult financial situation, Erin even agreed to provide the service for the reduced fee.

I will gladly recommend Erin Masters and Anthony Joseph to represent any of my friends and family in need of an excellent and highly professional family attorney.

— Aistė Šulcaitė

Final Thoughts

Instead of trying to figure out international law issues alone, contact the Family Law Attorneys at Masters Law Group. Our experienced team will help you navigate the legal complexities of your case and are committed to vigorously representing you in these frightening, high-stakes proceedings.

Contact us to schedule your consultation here today. 

Can a Divorce be Amicable?

An amicable – or uncontested – divorce may seem impossible with the emotions involved in dissolving one of the most important relationships you’ve committed to. However it is not unreachable. 

Divorce is probably one of the most difficult experiences a person can endure. An amicable divorce almost always means an uncontested divorce, where both spouses agree to property division, spousal and child support, visitation and custody.  This does not mean to say both parties need to remain good friends after the fact, it simply means the spouses don’t fight and enter an agreement reasonably, without litigation.

Uncontested Divorces in Illinois

An uncontested divorce (referred to as a “dissolution of marriage” in Illinois) means that both spouses agree on all the key terms of the divorce.

Individuals can reach an agreement on their own or with a mediator’s help. The dissolution agreement should resolve all issues in the divorce and be signed by both spouses. If there are any areas where you and your spouse can’t reach an agreement, you’ll have to litigate those issues before a judge at trial. However, you can still settle your case at any time prior to the trial date.

Factors to consider with an uncontested divorce include:

  • Divisions of Property: In Illinois, property is divided equitably (fairly) in accordance with the Illinois Marriage and Dissolution of Marriage Act. In a contested divorce, the judge decides what is fair. In an uncontested divorce, the parties decide was is fair. For the most part, marital property is divided. Non-marital property is not divided.
  • Debt and other Assets: Pretty much the same as property. If debt is classified as marital and non-marital, then only the marital debt is divided.
  • Child Custody: In an uncontested divorce, the parties can agree on any custody arrangement they want, within reason. Technically, according the the Illinois Marriage and Dissolution of Marriage Act, there is no preference for joint legal custody. Visitation can be complicated, and there are sub-parts to any visitation schedule.
  • Child Support: Child support is paid according to statutory guidelines. However, particularly in an uncontested divorce, parents can agree to deviations on the statutory guidelines. In an uncontested divorce, parents can agree to handle support as the see fit, within reasonable limits.
  • Alimony: The term “alimony” is no longer technically correct. Court’s refer to it as spousal maintenance or spousal support. When it comes to spousal maintenance, any amount can be agreed upon, within reason.

Steps to a Peaceful Divorce

The thing you need to do when getting a divorce is pause and take a deep breath. No divorce is sweet and rarely is it as amicable as hoped for. However, there are some strategies that divorcing couples can learn in order to make their departure from the relationship as peaceful and stress-free as possible. Steps to take to achieve an amicable, respectful divorce from your spouse include:

  1. Eliminate blame: This can be extremely difficult depending on how the divorce came about. But blaming the other party will not help the uncontested divorce resolve sooner.
  2. Look ahead to the future: In order to move forward, you must only look forward to your future and your children’s future.  Wallowing in the past creates negative emotions and keeps you stuck in a victim state, which isn’t healthy for anyone.
  3. Negotiate in good faith: Don’t make agreements but in secret know you’ll withdraw them when the time comes to sign the agreement. Negotiating the terms of your divorce agreement in good faith will only help both parties move on fairly. 
  4. Put the children first: When you keep your kids’ best interest at heart, you often help find a way to do the right thing. Create a good parenting plan and be good co-parents once your divorce case is finalized.
  5. Listen to your attorney: Don’t try and be brave and go it alone. Instead, be sensible and invest in you and your future, and hire an attorney experienced in family law and divorce mediation. 

Divorce Mediation

Mediation can be enormously helpful when couples want to resolve issues amicably and thus avoid a court battle. When you mediate, both parties come to a neutral, often licensed mediator to help the couple ink out the final agreement for the court filings. The goal of this practice is to get couples to agree on as much, if not all, the terms of the divorce making it an amicable divorce. Among peaceful divorce solutions, mediation is at the top because it’s the only divorce method that enables both parties  to:

    • Negotiate the terms of your no-fault divorce or separation in good faith.
    • Focus on the big picture.
    • Put the needs of your children first and create a good foundation for co-parenting and life post-divorce.

At Masters Law Group, we provide divorce mediation services and also represent clients involved in mediation. If you are looking to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment here.