Tag Archive for: #1 Divorce attorney

Chicago Divorce Lawyer: Answering Your FAQs

With the U.S. ranking 10th in the highest divorce rates worldwide, many couples may find themselves navigating this complex process. Divorce laws in Illinois have specific considerations that require careful attention to ensure your rights are protected and the process moves as smoothly as possible.

Whether you are just beginning to think about divorce or are already in the middle of the proceedings, understanding the legal landscape can make a significant difference in the outcome of your case. In this blog, we’ll answer some of the most frequently asked questions about divorce in Chicago, helping you better understand what to expect during this challenging time.

1. What Are the Grounds for Divorce in Chicago?

In Illinois, the sole grounds for divorce are irreconcilable differences. This legal term means the marriage is no longer working and cannot be repaired. One of the key benefits of this system is that you don’t need to prove specific reasons for the breakdown of the marriage, such as infidelity or domestic abuse, to obtain a divorce. Instead, Illinois law allows couples to end their marriage without assigning fault to either party, making the process less contentious.

Since Illinois became a no-fault divorce state in 2016, proving wrongdoing is no longer a requirement for divorce. To file, at least one spouse must have lived in Illinois for at least 90 days. Additionally, if you and your spouse have been living apart for six months or more, the court will automatically presume irreconcilable differences, further simplifying the process.

2. What Is the Process of Filing for Divorce in Chicago?

The divorce process in Illinois starts with filing a Petition for Dissolution of Marriage in the appropriate court. One spouse (the petitioner) files the petition, and the other spouse (the respondent) is served with divorce papers. Here’s a breakdown of the divorce process in Chicago:

  • Step 1: Filing the Petition: The petitioner files and pays a filing fee.
  • Step 2: Serving the Petition: The respondent receives the divorce papers.
  • Step 3: Response: The respondent files an answer to the petition, agreeing or contesting the terms.
  • Step 4: Discovery: Both parties exchange financial information and other relevant documents.
  • Step 5: Negotiations: The parties may negotiate a settlement regarding asset division, spousal support, child custody, etc.
  • Step 6: Trial: If an agreement cannot be reached, the case goes to trial, where a judge makes final decisions.

3. How Are Assets Divided in a Chicago Divorce?

Illinois follows the principle of equitable distribution when dividing marital property. Equitable doesn’t necessarily mean equal, but rather what is fair based on several factors, such as:

  • Length of the marriage.
  • Each spouse’s financial contributions and needs.
  • Value of non-marital property.
  • Any agreements between the spouses, such as a prenuptial agreement.

Understanding the distinction between marital and separate property is key. The marital property encompasses assets acquired during the marriage, regardless of which spouse’s name is on the title. This includes income earned, real estate purchased, and investments made during the marriage. Marital property is generally subject to division between the spouses during divorce proceedings.

In contrast, the separate property comprises assets acquired before the marriage or received as gifts or inheritances during the marriage but designated as separate. These assets typically remain with the individual who owns them and are not subject to division. Recognizing and understanding the differences between the two is crucial for a fair and equitable distribution of assets during the divorce process. Working alongside a divorce attorney can help you protect your rights and interests.

4. How Are Parental Responsibilities Determined in Chicago?

Child custody, referred to as parental responsibilities in Illinois, is one of the most challenging aspects of a divorce. The courts prioritize the child’s best interests when making their determinations, considering factors such as:

  • The child’s relationship with each parent.
  • The child’s adjustment to their home, school, and community.
  • Each parent’s ability to provide for the child’s needs.
  • The child’s wishes, depending on their age and maturity.

Illinois law encourages both parents to share in parental responsibilities whenever possible. A parenting plan must be submitted either jointly by both parents or individually, outlining decisions regarding the child’s education, health care, religion, and living arrangements.

5. What Is Spousal Support (Alimony) in Chicago?

Spousal support, or maintenance as it’s called in Illinois, is not automatic in every divorce. The court considers several factors when deciding whether to award maintenance, including:

  • The length of the marriage.
  • The financial resources of each spouse.
  • Each spouse’s earning capacity and needs.
  • The standard of living is established during the marriage.

In longer marriages or when one spouse has sacrificed career opportunities to support the family, spousal support may be more likely. The amount and duration of maintenance are calculated based on state guidelines. For marriages lasting 20 years or more, spousal support can be awarded indefinitely.

6. Can a Divorce Be Settled Outside of Court?

Many divorces are resolved through alternative dispute resolution (ADR) methods such as mediation or collaborative divorce. These approaches allow couples to settle their differences without needing a courtroom trial.

Mediation involves a neutral third party who facilitates discussions between both spouses, helping them negotiate and reach an agreement on the terms of their divorce. Collaborative divorce is a process where each spouse works closely with their attorneys to negotiate and settle matters cooperatively. These methods can be especially beneficial when children are involved, as they often lead to more amicable solutions that prioritize the entire family’s well-being.

Divorce attorneys may encourage couples to pursue ADR because it fosters better communication and cooperation. It also helps create a more constructive and less adversarial environment for resolving key issues such as asset division, spousal support, and parental responsibilities.

7. How Long Does It Take to Get Divorced in Chicago?

The duration of a divorce in Chicago can vary significantly based on several key factors. Understanding these factors can help set realistic expectations during this challenging time:

Overall, while uncontested divorces may wrap up within a few months, contested divorces can take six months to over a year to finalize. It’s essential to consult with an experienced divorce attorney to understand your situation and the potential timeline for your divorce in Chicago.

Why Should I Work With a Chicago Divorce Lawyer?

While it is possible to represent yourself in a divorce, it can be risky, especially if the case involves complex financial assets or spousal support. Consulting with an experienced Chicago divorce attorney is essential to help protect your rights. At Masters Law Group, our skilled divorce and mediation attorneys are fully equipped to advocate for you and your family. Here’s how we can help:

  • Experienced Mediators: Erin E. Masters is an approved Mediator for the Cook County Domestic Relations Division and provides private mediation services. Our mediation team has extensive experience in family law and excels at facilitating productive discussions between divorcing spouses, helping them reach amicable resolutions.
  • Seasoned Litigators: When your case requires courtroom representation, a skilled litigator from our firm will effectively present your case before the judge. We meticulously prepare legal arguments, gather evidence, and develop strategies to help ensure the most favorable outcome for you.
  • Conflict Resolution: Our attorneys strive to achieve conflict resolution, focusing on finding peaceful, fair solutions for both parties while prioritizing the well-being of any children involved.
  • Protecting Your Interests: At Masters Law Group, we help protect your legal rights and children’s best interests throughout the divorce process.

Our senior attorneys, Erin E. Masters, and Anthony G. Joseph, are recognized leaders in the field, having been honored by respected publications, including Best Lawyers, Super Lawyers, and Leading Lawyers. This highly esteemed recognition provides you with trustworthy guidance during your divorce process.

Final Thoughts

Divorce is never easy, but having a clear understanding of the legal process can help reduce the stress, uncertainty, and emotional toll. At Masters Law Group, we approach each case with personalized care, helping you be supported and informed at every stage.

With our deep knowledge of Illinois family law and a commitment to compassionate representation, our goal is to help you navigate your divorce as smoothly as possible. Contact us today to schedule your complimentary consultation and learn how we can assist you.

Ask an Attorney: Top 4 Questions for Domestic Violence & Divorce

When domestic violence enters a marriage, it can significantly affect the divorce process, making it crucial to have a clear understanding of your legal rights and options. 

Nearly 1 in 4 women and 1 in 7 men will experience severe intimate partner violence. Domestic violence is a widespread problem that touches people from all backgrounds. Its effects cause physical harm and emotional wounds that are endured for years. 

As we recognize Domestic Violence Awareness Month this October, it’s essential to understand your legal rights, especially when facing divorce. At Masters Law Group, our experienced divorce attorneys are here to answer the top four questions about domestic violence and divorce. Here’s what you need to know.

What is Domestic Violence?

Domestic violence involves a pattern of abusive behavior used by one partner to gain or maintain power and control over another intimate partner. It can take many forms, including:

  • Physical Abuse: Hitting, slapping, choking, or any form of physical harm.
  • Emotional Abuse: Verbal attacks, manipulation, isolation, threats, and undermining a person’s sense of self-worth.
  • Sexual Abuse: Forcing a partner into sexual activity against their will.
  • Financial Abuse: Controlling or restricting a spouse’s access to financial resources.
  • Psychological Abuse: Intimidation, stalking, or constant threats.

Domestic violence is not limited to physical harm. Emotional and psychological abuse can be just as damaging, leaving long-term effects on the victim’s well-being. Recognizing the signs of domestic violence is the first step toward seeking help and protecting yourself and your family. Let’s take a closer look at some of the most commonly asked questions related to divorce and domestic violence.

1. What Effect Does Domestic Violence Have on the Divorce Rate?

Domestic violence—whether physical, emotional, or psychological—often leads to the breakdown of a marriage. Victims may feel unsafe, trapped, or unable to continue the relationship, pushing them toward divorce as a means of escape. Beyond the personal and emotional toll, domestic violence creates an environment of fear and control. This can make it impossible for the marriage to survive.

Research consistently shows that marriages affected by domestic violence have a significantly higher likelihood of ending in divorce. According to a survey published in the National Library of Medicine, 24% of divorces are directly attributed to domestic violence. In these situations, divorce can be a crucial step toward safety and healing for victims. Divorce can also offer legal protections, such as orders of protection. An order of protection can help survivors secure physical and emotional distance from their abuser. 

2. How Do You Prove Emotional Abuse in Divorce?

Proving emotional abuse in divorce can be challenging. However, it is not impossible. Emotional abuse can manifest in many ways, including isolation, manipulation, threats, verbal attacks, and controlling behavior. To prove emotional abuse in divorce proceedings, individuals can present various forms of evidence:

  • Documentation: Keep a journal or records detailing instances of emotional abuse, including dates, times, and descriptions of incidents.
  • Witness Testimony: Family members, friends, or colleagues who witnessed the abusive behavior can provide testimony.
  • Professional Reports: Reports from mental health professionals who have treated the victim for emotional distress can be valuable.
  • Text Messages/Emails: Written communications that show patterns of manipulation, threats, or degrading language can be powerful evidence in court.

An experienced divorce attorney can help victims gather and present this evidence to help ensure their voices are heard and their rights protected during divorce proceedings.

3. Does Emotional Abuse Affect Divorce Settlement?

Emotional abuse can have a significant impact on divorce proceedings, even in a no-fault state like Illinois. While proving abuse isn’t necessary to file for divorce, it can still influence important aspects of the settlement, particularly regarding parental responsibilities and financial arrangements. Here are two key ways emotional abuse may affect a divorce settlement.

Parental Responsibilities

Although Illinois no longer requires fault to be proven for divorce, it can still be relevant in determining how certain aspects of the divorce are resolved. In Illinois, the courts prioritize the child’s best interests when deciding parental responsibilities and parenting time. Emotional abuse—whether directed at the other spouse or the children—can heavily influence these decisions. 

If one spouse has been emotionally abusive, it is pertinent to how parenting time is allocated. This may lead to restrictions on visitation rights. These restrictions may include:

  • Supervised Visitation: The abusive parent may only be allowed supervised visits.
  • Counseling Requirements: The court may require counseling for the abusive parent before modifying visitation.

Financial Matters

Although Illinois is a no-fault divorce state, emotional abuse can still play a role in how the court views financial matters such as property division and spousal support. While judges typically focus on equitable division of assets, emotional abuse may influence these decisions in the following ways:

  • Property Division: In Illinois, the length of the marriage can impact how property is divided. If emotional abuse caused one spouse to leave the marriage prematurely, shortening its duration, this could affect the division of marital property. 
  • Prenuptial Agreements: Illinois courts generally uphold prenuptial agreements as long as they were entered fairly, with both parties having independent legal representation and full knowledge of each other’s finances. However, if there is evidence that a spouse was emotionally manipulated into signing the agreement, the court may invalidate or alter certain provisions.

If you’re facing emotional abuse in your marriage and are concerned about how it might affect your divorce settlement or parental responsibilities, it’s crucial to consult a divorce attorney.

4. What is Emotional Battered Wife Syndrome?

Emotional Battered Wife Syndrome describes the psychological impact of long-term emotional abuse within a marriage. While “battered wife” specifically refers to women, the syndrome can apply to anyone who has endured prolonged emotional abuse. Emotional Battered Wife Syndrome is characterized by:

  • Feelings of Helplessness: Victims may feel trapped in the relationship due to fear, shame, or economic dependence on their abuser.
  • Low Self-Esteem: Constant emotional abuse can erode the victim’s sense of self-worth, making it difficult for them to see a way out.
  • Denial or Minimization of Abuse: Victims often downplay or deny the severity of the abuse, convincing themselves it’s not “bad enough” to leave.
  • Post-Traumatic Stress Disorder (PTSD): Many victims of emotional abuse suffer from symptoms of PTSD, including flashbacks, anxiety, and depression.

Understanding the psychological effects of emotional abuse is crucial in divorce cases involving domestic violence. A divorce attorney can help you navigate this complex situation and provide the legal support to secure your safety and well-being.

How Masters Law Group Can Help

At Masters Law Group, we understand how difficult it is to navigate divorce when domestic violence is involved. We are here to help you receive the protection and legal support you need to feel safe and secure. If you are living in DuPage County or the Greater Chicagoland Area, our divorce attorneys are ready to stand by your side and guide you through this challenging time. Here’s how our team can help:

  • Obtaining Orders of Protection: We can help you secure a restraining order to protect yourself and your children from your abuser.
  • Filing for Divorce: We guide you through the divorce process, helping ensure your rights are protected and advocating for your safety and well-being.
  • Parental Responsibilities Support: Domestic violence can heavily influence parental responsibilities. We fight for arrangements that prioritize the safety and best interests of the children involved.
  • Property Division: In cases involving domestic abuse, we seek fair and just division of assets, helping victims not suffer financially.

At Masters Law Group, we approach every case with compassion and determination. We understand how difficult it may be to escape an abusive situation, and that is why we are committed to standing by your side throughout the legal process.

Community Resources

The DuPage and Chicagoland areas offer a range of services for survivors of domestic violence. These organizations provide critical support:

  • Family Shelter Service offers comprehensive assistance, including emergency shelter, counseling, legal advocacy, and support groups, making it a vital resource for individuals and families in DuPage seeking safety and help.
  • The Chicago Metropolitan Battered Women’s Network serves as a resource hub, connecting survivors to shelters, counseling, and legal aid services throughout the city.
  • The Connections for Abused Women and their Children (CAWC) provides shelter, counseling, legal advocacy, and support services for families, along with a 24-hour hotline and emergency shelter.

These organizations, along with the Illinois Domestic Violence Hotline and the Domestic Violence Legal Clinic, form a strong network of support for survivors. They offer a range of services that can help individuals rebuild their lives.

Final Thoughts

Divorces involving domestic violence can be challenging, but you do not have to face this difficult time alone. At Masters Law Group, we understand the sensitive nature of these cases and are here to provide the legal support you need. As we observe Domestic Violence Awareness Month, let us reaffirm our commitment to raising awareness and supporting survivors.

Contact us today to learn how we can help you protect your rights.

Meet Anthony G. Joseph / Partner at Masters Law Group

At Masters Law Group, we are excited to spotlight our talented team, sharing professional journeys, areas of practice, and personal insights into what drives them to help clients navigate their legal family law challenges.

Today, we proudly introduce Anthony G. Joseph, Partner at Masters Law Group and a highly respected international family law attorney. Concentrating on complex family law matters, including divorce and international child abduction, Anthony is known for his unwavering commitment to achieving favorable outcomes for his clients. His deep experience and client-centered approach have earned him a stellar reputation in family law.

Introducing Anthony G. Joseph of Masters Law Group

At Masters Law Group, Anthony G. Joseph is recognized for his sharp legal insight, tenacity, and compassionate approach. He skillfully guides clients through cross-border family law disputes and complex divorce proceedings. His experience in these areas sets him apart, making him a vital asset to the firm and the families it serves. 

Anthony earned his Bachelor of Arts in Global Economic Relations from the University of the Pacific in Stockton, California. He later obtained his Juris Doctor and a Certificate in Trial Advocacy from The John Marshall Law School in Chicago, Illinois. During law school, Anthony was an active member of the Family Law Society, which allowed him to develop key skills in negotiation, mediation, and litigation. These experiences laid a strong foundation for his future success in family law, equipping him to handle the complex challenges that arise in high-stakes cases.

Anthony was admitted to the Illinois Bar in November 2010. In his career, he found his passion in family law, recognizing the vital role of advocating for the well-being of families and children. His dedication to the field led to his admission to the Federal General Bar and Trial Bar for the United States District Court for the Northern District of Illinois and the Eastern District of Wisconsin. This expanded his ability to represent clients in federal court.

Areas of Experience

Today, Mr. Joseph is a seasoned trial attorney focused exclusively on family law. He particularly emphasizes international child abduction and cross-border custody disputes under the Hague Convention and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). His practice encompasses a wide range of legal matters, including:

  • Divorce and Legal Separation: Anthony G. Joseph is a skilled divorce attorney who helps clients navigate the complexities of divorce, from asset division to post-divorce disputes.
  • Parental Responsibilities Support: Anthony’s core work is protecting the child’s best interests. He is experienced in handling child custody cases (parental responsibilities) involving relocation and international issues.
  • Hague Convention Cases: Anthony has built a strong reputation for his work on Hague Convention cases, representing parents involved in international child abduction disputes. Understanding international treaties and family law makes him a go-to attorney for these highly sensitive and intricate cases.
  • Post-Decree Modifications: Anthony assists clients with modifications to divorce or separation, helping ensure that changes in circumstances are addressed and updated accordingly.

Anthony’s deep knowledge of these areas and his ability to empathize with his clients help ensure that every case is handled carefully and precisely. He aims to help families reach resolutions in their best interests while minimizing litigation’s emotional toll.

A Client-Centered Approach to Family Law

Anthony’s approach to family law is defined by his dedication to clients. He understands that every case is unique and requires a tailored approach. He takes the time to listen to his clients, understand their goals, and provide them with clear, honest legal advice. This compassionate approach helps clients feel supported throughout the legal process.

At the same time, Anthony is a fierce advocate in the courtroom. He has a proven track record of success in litigation, particularly divorce cases, international custody disputes, and complex asset division. Anthony believes in empowering his clients with knowledge. He helps clients understand their legal rights and options, allowing them to make informed decisions about their future. This educational approach is one of the many reasons clients feel confident and secure when working with Anthony.

Notable Cases and Achievements

Anthony G. Joseph’s extensive experience with Hague Convention cases has established him as a highly regarded attorney in international family law. He has a deep understanding of international law and is committed to protecting the rights of parents and children. His strategic thinking and thorough understanding of U.S. and international family law played crucial roles in this case’s successful resolution. 

In addition to his legal victories, Anthony has received numerous accolades for his work in family law. He has received distinctions such as an “A.V.” Preeminent Rating from Martindale-Hubbell Peer Review, the highest peer review rating available. He has also been named a “Rising Star” by Illinois Super Lawyers for his exceptional work.

Most recently, Anthony was honored as a New Fellow of the International Academy of Family Lawyers (IAFL), a prestigious global organization of legal professionals recognized as family law specialists by their peers. This recognition further solidified his reputation as a top attorney in international family law. 

Client Testimonials

We encourage you to read some of our recent client reviews on their first-hand experience with Mr. Joseph below:

Masters Law Group takes its time on how to approach your case. They are very responsive and will listen to any and all concerns. Anthony is great to work with! –M.C.

Anthony was wonderful to work with. He was straightforward, relentless & professional. –D.E

Anthony is a real straight shooter and does not mince words, which I absolutely appreciate in this miserable process. They go above and beyond for you and your children and for what is right. Masters Law Group never gave up the fight, and for that I will forever be grateful. –A.B

Thank you to Masters Law Group for success in my divorce and custody case. Anthony specifically worked on my case and ensured that my rights were protected and the allocations [were] fair. – M.R

I was very overwhelmed and worried about what the future would bring, but Anthony and his team made me feel heard and valued. Every interaction was filled with genuine empathy and kindness. I couldn’t have asked for better guidance, support, and a wealth of knowledge. Highly recommend! – M.E.

I highly recommend Anthony Joseph and Masters Law Group LLC. Anthony showed compassion and professionalism. Our Hague Convention case didn’t even reach the courts, thanks to Anthony’s phenomenal advice and knowledge. I will highly recommend him for family matters and Hague Convention cases. –J.D

Anthony is an incredible lawyer who not only makes you feel super safe but has your back the whole time and will be there for you each step of the way during such a difficult process. He’s heartfelt and loyal and I would recommend his services to anyone who wants the best attorney on their side! –V.P

Masters Law Group was able to find a solution to my problem when other lawyers could not. Great communications from the staff at Masters Law Group as well as from Mr. Anthony Joseph. I’ve learned that family law can be a challenge to many, including myself, but I know I can rely on the lawyers from this legal firm if I need to again. –C.R

Commitment to the Community Best Chicago Divorce Attorney 2024

Anthony G. Joseph is deeply committed to giving back to the community outside the courtroom. He represents individuals and families who may not otherwise have access to quality legal services. His dedication to helping others extends beyond his professional obligations, reflecting his belief in using his skills to make a positive impact.

Anthony is also actively involved in continuing legal education, often speaking at conferences and seminars on family law, international custody disputes, and the Hague Convention. He is passionate about staying at the forefront of legal developments in his field. This helps ensure he is always prepared to provide his clients with the most up-to-date and effective legal strategies.

Connect With Anthony G. Joseph

Clients who choose Anthony G. Joseph as their family law attorney can expect dedicated, personalized legal representation. He is known for his ability to handle cases with professionalism and compassion. Whether navigating the challenges of divorce or addressing the legal complexities of international child abduction, Anthony brings experience and a commitment to achieving the best possible outcome.

At Masters Law Group, Anthony works alongside a team of skilled attorneys who share his dedication to providing exceptional legal services. Together, they offer clients legal support in all areas of family law, helping ensure their needs are met at every stage of the legal process.

In the meantime, if you want to learn more about Anthony or schedule a consultation, please visit our website at Masters Law Group.

Meet Erin E. Masters: Partner / Family Law Mediator

Concentrating on domestic relations, including divorce, allocation of parental responsibilities, child support, and international child abduction matters, Ms. Masters is consistently recognized and trusted by regulated authorities such as Super Lawyers, Best Lawyers, Leading Lawyers, and Emerging Lawyers.

We are excited to kick off our new blog series which will introduce you to the talented members of Masters Law Group. In each post, we will spotlight an attorney from our team, sharing their professional journey, areas of expertise, and personal insights into what drives them to help clients navigate their legal challenges. Today, we are proud to introduce Erin E. Masters, founding partner of Masters Law Group and a highly respected attorney in the field of family law.

Chicago Divorce Attorney

Introducing Erin E. Masters of Masters Law Group

Erin E. Masters has dedicated her career to guiding families through some of the most challenging times of their lives. Her extensive experience and compassionate approach have earned her recognition as one of the leading family law attorneys across Chicagoland.

Erin’s legal journey began with a Bachelor of Arts degree from Indiana University, where she excelled in her studies and developed a passion for advocating for others. She went on to earn her Juris Doctor from The John Marshall Law School, now part of the University of Illinois Chicago School of Law, where she was actively involved in various legal organizations and honed her skills in litigation and negotiation.

After law school, Erin immersed herself in the practice of family law, quickly gaining a reputation for her dedication to her clients and her ability to navigate complex legal issues with empathy and precision. She is particularly known for her work in high-conflict child custody cases (parental responsibilities), where her strategic thinking and commitment to the child’s best interests shine through.

A Deep Commitment to Family Law

Throughout her career Ms. Masters has represented a variety of clients, both pre-decree and post-decree. Additionally she has prepared Prenuptial Agreements, drafted Marital Settlement Agreements and Final Allocation of Parental Responsibilities Orders, as well as prosecuted and defended Orders of Protection. Ms. Masters has also successfully litigated matters concerning modification and enforcement of child support, allocation of parental responsibilities and parenting time.

Erin’s dedication to family law goes beyond her role as an attorney. She is deeply committed to protecting the rights of parents and children, and her work often involves advocating for those who may not have a voice in the legal process. Whether she’s helping a parent navigate the complexities of international custody disputes or providing counsel during a high-stakes divorce, Erin approaches every case with the same level of care and professionalism.

Her expertise in The Hague Convention on the Civil Aspects of International Child Abduction is particularly notable. Erin has successfully represented clients in both domestic and international child abduction cases, making her a sought-after advocate for parents dealing with the heart-wrenching reality of cross-border custody disputes. Her experience in this specific area of law enables her to provide strategic guidance that protects her clients’ rights while working toward the safe return of children.

Approved Mediator & Child Representative

Erin’s divorce and family law experience means she can offer insights and alternative opportunities to deal with family disputes that lead to much happier, healthier results: Mediation.

Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. As such, Masters Law Group provides 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.

In addition to representing clients, Ms. Masters is also a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Further, she has also been appointed by the Circuit Court of Cook County to mediate complex family law cases, especially those involving children.

Recognized Excellence and Advocacy

Throughout her career, Erin has been recognized for her outstanding legal skills and her commitment to her clients. She has been honored by Super Lawyers, an accolade that highlights her as one of the top attorneys in her field, and she is frequently sought out for her expert opinion on family law matters. Erin’s success can be attributed to her relentless pursuit of excellence, her deep understanding of the law, and her unwavering commitment to her clients’ needs.

Best Chicago Divorce Attorney 2024

In addition to her legal practice, Erin is a strong advocate for continued education and training in family law. She regularly attends conferences and workshops to stay current with the latest developments in her field, ensuring that she can provide the most up-to-date and effective representation for her clients. Erin’s dedication to learning and growth extends to her role as a mentor to younger attorneys, where she shares her knowledge and encourages the next generation of legal professionals.

Approach to Client Care

What sets Erin apart is her compassionate approach to client care. She understands that family law issues are deeply personal and often emotionally charged, and she takes the time to listen to her clients, understand their unique situations, and develop legal strategies tailored to their specific needs. Erin’s goal is to empower her clients with the information and support they need to make informed decisions about their futures.

Erin believes that effective communication is key to successful legal representation. She strives to maintain open and honest communication with her clients, keeping them informed about the progress of their cases and providing clear explanations of their legal options. Her approachable demeanor and commitment to transparency help clients feel confident and supported throughout the legal process.

Testimonials

We encourage you to read some of our recent client reviews on their first-hand experience with Ms. Masters below.

Erin is by far the best and most professional family law attorney that I have known. She is exceptional in her field of practice, honest and gets the job done. -R.P

Erin Masters is someone who is truly on your side. She was always willing to answer any of my questions or explain “lawyer language” to me. I highly recommend Masters Law Group. -N. J

Erin Masters was my divorce lawyer, and during the entire process, she remained focused and was there for me every step of the way. I highly recommend [Masters Law Group] as they surpassed my expectations in every aspect. – S.B

I highly recommend Erin Masters and Masters Law Group. My experience has been that the services rendered were not only knowledgeable and skilled but also equitable, compassionate, and sensitive. – C.A

Erin Masters helped me with my child support case. It was a tough case, but she fought for what was in my daughter’s best interest, honestly and professionally.

I trust her 110%. She has my highest recommendation! -D.H

Erin Masters helped make the divorce process as easy as possible, considering the situation. She was compassionate and caring when I was going through such an emotionally difficult time. -M.B

Erin [Masters] helped me bring an end to a three year long divorce with a person that insisted on fighting over every little detail. You cannot find better representation. -P.B

I needed a lawyer to help me through my parental responsibilities case. I researched hundreds of lawyers in the area and finally found Erin. She fought hard, and I felt like we came out on top every time. – K.C

Balancing Work and Life

Outside of the courtroom, Erin is a dedicated wife and mother, and active member of her community. She understands the challenges of balancing a demanding career with family responsibilities, and she brings this perspective into her practice. Erin’s ability to empathize with her clients on a personal level helps her connect with them in a meaningful way, providing not just legal guidance but also emotional support during what can be a very difficult time.

Erin is also passionate about giving back to her community. She is involved in various charitable organizations and often participates in pro bono work, using her skills to assist those who might not otherwise have access to legal representation. This commitment to service reflects Erin’s belief in the importance of helping others and making a positive impact in her field.

Looking Ahead: Erin’s Vision for Family Law

Erin’s vision for the future of family law is one that prioritizes the well-being of families and promotes fair, equitable outcomes. She is committed to advocating for changes in the legal system that better protect children and support parents through the legal process. Erin’s goal is to continue to provide high-quality, compassionate legal services to her clients while helping to shape the future of family law in a way that reflects the evolving needs of families today.

As Erin continues her work at Masters Law Group, she remains dedicated to her clients and her mission of providing exceptional legal representation. Her expertise, compassion, and unwavering commitment to justice make her an invaluable asset to her clients and a respected leader in the field of family law.

Connect with Erin E. Masters

If you or someone you know is facing a family law issue in DuPage County, Cook County or across the Greater Chicago area, Erin E. Masters and the team at Masters Law Group are here to guide you every step of the way. With a client-centered approach and a track record of success, Erin is dedicated to providing the legal support you need to navigate even the most challenging situations.

Stay tuned for the next post in our Meet the Team series, where we’ll introduce you to another outstanding attorney at Masters Law Group. In the meantime, if you would like to learn more about Erin or schedule a consultation, please visit our website at Masters Law Group.

 

     

Supporting Children Through the Grieving Process of a Divorce

Divorce is a challenging and emotional process for everyone involved, especially for children. They may experience loss, confusion, and fear about the future. As parents, it’s crucial to support your children through the grieving process and help them adjust to the changes.

According to the CDC, about 50% of American children will experience their parents’ divorce. This staggering statistic highlights the importance of being prepared. When half of all children are likely to go through such a significant family upheaval, it becomes essential for parents, educators, and counselors to be equipped with the knowledge and tools to support them effectively. 

In this blog, we will discuss the impact of divorce on children and provide tips to help you and your family navigate this difficult time. Additionally, we’ll explore how working with a skilled DuPage divorce attorney can ease the transition and ensure that your family moves on peacefully.

Understanding the Impact of Divorce on Children

Divorce marks the end of a partnership for adults and brings significant changes to their children’s lives. This transition can trigger a complex emotional response in young ones. Children of divorced parents are 25% more likely to have serious psychological and social problems than children of married parents. Recognizing and addressing the five stages of grief in children can offer valuable support, helping them adapt healthily to their new reality.

Children of different ages react to divorce in various ways, but common feelings include sadness, anger, anxiety, and guilt. They may worry about losing contact with one parent, changing homes, or experiencing a shift in their daily routines. Understanding these feelings is the first step in providing the necessary support.

Strategies to Support Children Through the Grieving Process

When parents separate, children experience their version of the grieving process. The emotional journey can be deeply impactful, making it essential for guardians, educators, and counselors to understand these stages to provide empathetic and constructive support. Here are some tips that can help:

  1. Open Communication: Encourage your children to express their feelings and listen to them without judgment. Let them know feeling sad, angry, or confused is okay.
  2. Consistency and Routine: Maintain consistent routines to provide a sense of stability. Consistent meal times, bedtimes, and school routines can help children feel more secure.
  3. Reassurance and Support: Reassure your children that both parents still love them and will continue to be involved in their lives. Spend quality time with your children and engage in activities they enjoy.
  4. Model Positive Behavior: Children often mimic their parents’ behavior. Show them how to handle emotions healthily and demonstrate respect and cooperation with your ex-spouse.

By acknowledging their feelings and guiding them through this difficult time, we can help children navigate their emotions and build resilience for the future. Consider seeking help from a DuPage divorce attorney.

Explore Divorce Mediation

Divorce Mediation is one of the best options for helping your children through this life change and for encouraging a harmonious relationship between you and the other parent. Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party who facilitates communication between the parties to help them reach a mutually beneficial solution. Unlike a judge, the mediator does not make decisions for the parties; instead, they help the parties reach their agreement.

Mediation typically begins with both parties meeting with their mediator to discuss the issues. The mediator then facilitates communication between the parties, helping them identify and address their concerns. Once an agreement is reached, the mediator drafts a written contract that both parties can sign.

In some cases, mediation may not be successful. However, even in these situations, the parties may better understand each other’s positions and concerns, making future negotiations more straightforward and ultimately helping to minimize the impact on children’s well-being.

Working With a DuPage Divorce Attorney

Navigating the legal aspects of a divorce can be overwhelming, especially when trying to focus on your children’s well-being. At Masters Law Group, our DuPage divorce attorneys can provide the support needed to manage the legal complexities and help your family transition smoothly. Our main goal is to help protect your rights and your children’s best interests. Here are some of the areas that can help you navigate:

  1. Parenting Time: If you have children, working with a DuPage divorce attorney can help determine parental responsibilities and visitation arrangements. This helps ensure that the agreed-upon arrangements prioritize your children’s well-being and best interests.
  2. Mediation and alternative dispute resolution: Explore options such as mediation or collaborative divorce to help you and your ex-spouse reach mutually beneficial agreements outside of court. Your DuPage divorce attorney can guide you through these processes and represent your interests during negotiations.
  3. Post-divorce modifications: After the divorce is finalized, there may be circumstances that require modifications to parental responsibilities, visitation, or support arrangements. Stay in touch with your attorney to address any changes or issues that may arise in the future.

Beyond legal advice, our compassionate DuPage divorce attorneys understand the emotional toll of divorce. They can offer resources and referrals to counseling and support groups for you and your children.

Moving Forward Peacefully

Divorce is undoubtedly challenging, but with the right support, it’s possible to navigate this transition in a way that minimizes its impact on your children. By fostering open communication and working with a dedicated DuPage divorce attorney, you can help your children cope with their emotions and move forward with a sense of security and peace.

At Masters Law Group, serving clients in Cook County and DuPage County, Illinois, our experienced attorneys understand that divorce is a stressful situation for everyone involved. We prioritize our clients’ assurance and well-being throughout the mediation process.

Contact our DuPage divorce attorneys today if you’re facing a divorce and are concerned about your children’s well-being. They will guide you through the process, ensuring your family’s needs are met and helping you move on to a brighter future.

Navigating Gray Divorce on Senior Citizens Day

Gray divorce is on the rise, with more older couples ending long-term marriages than ever before. As we approach Senior Citizens Day on August 21st, it’s important to address the unique challenges that gray divorce presents to seniors. 

The phenomenon of gray divorce was relatively uncommon in 1970 and saw modest growth over the years. In 1990, only 8.7% of marriages among people over age 50 ended in divorce. By 2019, that number had risen to 36%.  Today, according to Bowling Green State University’s Susan L. Brown, co-director of the National Center for Family & Marriage Research, “well over a third of people who are getting divorced now are over the age of 50”. While the reasons behind this trend are complex and varied, understanding them is crucial.

Keep reading to discover why divorces after age 50 are becoming more common and how they can impact a person’s well-being. Here’s what you need to know.

Understanding Gray Divorce

Gray divorce refers to the increasing trend of older couples in long-term marriages getting divorced. This phenomenon highlights the rise in separations among older couples who have been married for many years. According to a U.S. Census Bureau report, more couples over 65 are ending their marriages. Gray divorce differs significantly from divorces among younger couples because the stakes are often higher for seniors due to several factors:

  1. Financial Security: Senior couples are usually more concerned with financial stability, as they may have limited income sources and are closer to or already in retirement. Divining assets, retirement accounts, and pensions can significantly impact their financial futures.
  2. Healthcare and Insurance: Older adults often have greater healthcare needs. The loss of a spouse’s health insurance can be a significant concern, especially for those not yet eligible for Medicare or with costly medical conditions.
  3. Social and Emotional Impact: Gray divorce can lead to isolation, especially if the individual’s social circle is closely tied to their spouse. The emotional toll can also be significant, as older individuals may find it harder to adjust to being single again after many years of marriage.

Key Considerations in Gray Divorce

Navigating a gray divorce presents a unique set of challenges for older adults. The stress of divorce can significantly impact both physical and mental health. Additional hurdles include dividing assets and informing adult children (and potentially grandchildren) about the decision to part ways after many years together. Here are some of the most common factors contributing to gray divorce:

  • Addiction and Abuse: Addressing issues related to addiction or abuse can lead individuals to reevaluate and opt for separation.
  • An Increased Desire for Happiness: As people age, personal happiness and fulfillment become more critical.
  • Empty Nest Syndrome: Couples might reassess their dynamics when children leave home, leading to different paths.
  • Infidelity: Infidelity can strain relationships irreparably, leading to the decision to part ways.
  • Financial Differences: Discrepancies in financial goals, spending habits, and values can cause couples to separate.

It’s important to understand that divorce looks different for everyone. However, older couples seeking a separation and divorce should consider working alongside a divorce attorney.

Legal Aspects to Consider

After many years together, it can be challenging to recall who owned what. A great first step in a gray divorce is identifying which assets are part of the marital estate and which are pre-marital possessions. Illinois asset division divides marital property and debts between spouses fairly and equitably. It’s essential to understand that the goal is not necessarily to divide everything equally but rather fairly, considering the unique circumstances of the marriage. Here are some key assets to discuss with your divorce attorney:

A skilled divorce attorney can help prioritize your best interest regarding asset division. It’s important to note that equitable distribution doesn’t always mean a perfect 50/50 split. It’s about creating a fair and just arrangement based on each person’s unique situation. This process can be tricky, so it’s a good idea to work with a divorce attorney to help ensure your rights are protected during asset division in Illinois.

Legal Support in Gray Divorce

Given the complexities of gray divorce, seeking legal advice from a professional experienced in handling divorces among older adults is vital. A divorce attorney can help you navigate asset division and alimony to help ensure that all legal documents are properly updated.

At Masters Law Group, we understand that gray divorce presents unique challenges and stress. Our clients seek a fresh start, and we are dedicated to guiding them through settlement negotiations and mediation, with their well-being as our top priority. Whether you’re venturing on a contested gray divorce, uncontested gray divorce, or gray civil union separation, our team of attorneys is positioned to advocate for your best interests when it matters most. 

Final Thoughts

As we celebrate Senior Citizens Day, it’s important to acknowledge seniors’ unique challenges when facing divorce and separation. Proper planning, support, and legal guidance can help individuals navigate these family law cases with confidence. Remember, gray divorce is not just an end but also a new beginning, offering the opportunity for a fresh start and renewed focus on personal growth and happiness.

At Masters Law Group, we understand there are many moving parts to divorce, and we are here to help you every step of the way. Our dedicated DuPage divorce attorneys are ready to skillfully advocate for your position and provide your voice when you need it most. Servicing DuPage County and the surrounding Chicagoland areas, our attorneys can help guide you through the process and protect your rights. 

Contact us today to schedule your complimentary consultation.

Benefits of Choosing Mediation for Your DuPage Divorce

Navigating a divorce can be emotionally challenging, no matter the circumstances. Finding a constructive and effective resolution is paramount during such sensitive proceedings. Mediation programs in Illinois have varying success rates, ranging between 75% and 85%, that result in agreements.

At Masters Law Group, we believe mediation has the power to help foster amicable separations tailored to meet each couple’s unique needs. Mediation helps resolve disputes and promotes mutual understanding and cooperation, laying a foundation for a positive transition. Here’s how mediation can provide a constructive path forward, guiding couples through challenging times with empathy.

What is Mediation?

Divorce mediation involves a neutral third-party mediator facilitating discussions between the spouses to reach mutually acceptable agreements. Unlike judges, a mediator cannot decide for you or your spouse. A judge’s job is to keep you and your spouse focused on your needs and interests instead of faults.

When a couple begins divorce mediation, they choose the mediator in advance, or the court may appoint one. Both spouses provide documentation to support viewpoints regarding disputed issues, while the mediator works with both sides to find a resolution. The mediator’s job is to reach an agreement between the two parties. Let’s take a deeper look at how divorce mediation works.

How Does Divorce Mediation Work?

Before diving into divorce mediation, some groundwork is necessary. Start by gathering all pertinent information and documents related to the disputes in your divorce. For instance, if there’s contention over whether certain assets are marital or separate property, assemble the relevant financial records. DuPage mediators may request this information as part of the initial intake process. 

Here’s how the process typically unfolds:

  • Choosing a Mediator: Couples typically select a mediator together. Making this decision together can help you feel more comfortable facilitating your discussions.
  • Initial Meeting: The mediator meets with you and your ex-spouse to discuss the process, set ground rules, and identify the issues that must be resolved.
  • Negotiation Sessions: Over several sessions, you and your ex-spouse will engage in discussions facilitated by the mediator. The ultimate goal is to reach mutually agreeable solutions on all aspects of the divorce.
  • Drafting the Agreement: Once agreements are reached, the mediator assists in drafting a legally binding agreement that reflects the decisions made by you and your ex-spouse.

Benefits of Choosing Mediation

In DuPage County, mediation can be used at any stage of the divorce process, whether before filing for divorce or during litigation. It’s particularly encouraged for couples who wish to maintain a cooperative relationship and have more control over the outcome of their divorce. Here’s a look at some of the benefits:

  1. Preserving Amicable Relationships: Mediation helps foster a cooperative environment where both parties work together with a neutral mediator to reach agreements. This collaborative approach can preserve relationships, especially when children are involved. By maintaining open communication and focusing on mutual understanding, mediation supports the preservation of constructive interactions between both parties.
  2. Control Over the Outcome: Unlike court proceedings, where a judge makes decisions, mediation allows couples to retain control over the outcome. Our experienced mediators at Masters Law Group help clients through negotiations to achieve fair and mutually beneficial agreements. This collaborative process allows for tailored solutions that meet each individual’s unique needs and priorities, promoting fairness and satisfaction with the outcomes reached.
  3. Cost-Effectiveness: Mediation offers significant cost savings compared to traditional litigation. Mediation reduces court fees, attorney costs, and other legal expenses by avoiding prolonged courtroom battles.
  4. Confidentiality and Privacy: One of mediation’s greatest benefits is that it is more private. Unlike public divorce court proceedings, mediation occurs privately and confidentially. The confidential nature of mediation also creates a safe space for honest communication, reducing the emotional strain often associated with divorce proceedings.

Work With Our DuPage Mediators

Having a trustworthy DuPage mediator by your side can help ensure a smooth transition. If you’re currently residing in Illinois and seeking a family law attorney to assist you in finalizing your divorce, Masters Law Group is here to provide the support you need. Our experienced DuPage divorce mediators are fully prepared to advocate for you and your family. Here’s how our attorneys can help you:

  • Experienced Mediators: Our DuPage mediators have extensive experience in family law and are skilled in facilitating productive discussions between divorcing spouses.
  • Conflict Resolution: We are professionals in conflict resolution and focus on finding peaceful solutions for all involved.
  • Protecting Your Interests: Our DuPage mediators work hard to help protect your legal rights and the best interests of you and your children.
  • Comprehensive Guidance: We provide comprehensive guidance throughout the mediation process, helping ensure you understand your options and empowering you to make informed decisions for your future.

Partners Erin E. Masters and Anthony G. Joseph have consistently earned recognition from esteemed publications year after year (including Best Lawyers, Best Law Firm, Top 100 Lawyers, and Leading Lawyers). This is a testament to our unwavering work ethic, strong character, and experience in family law. Our track record of success reassures you that you have a trustworthy ally throughout your divorce proceedings.

Final Thoughts

Choosing mediation offers a pathway to amicable solutions tailored to your unique circumstances, fostering a smoother transition into the next phase of your life. By embracing mediation, couples help reduce conflict and emotional strain for everyone involved, especially children.

Navigating a divorce is undoubtedly challenging, but it doesn’t have to be an overwhelmingly stressful experience. With the support of skilled professionals in DuPage County and throughout Illinois, couples can find guidance and solutions that prioritize mutual understanding and respect. Our DuPage mediators offer guidance on divorce and mediation, helping you find the best path forward for you and your family.

Schedule your complimentary consultation and speak with our experienced DuPage County mediators today.

4 Must-Dos to Save Your Marriage: Insights from Masters Law Group

Trying to save your marriage feels like protecting a fragile journey that both of you have embarked on together. It’s about protecting the bond that connects your hearts, especially when facing tough times.

Please note: This article is not for individuals in a dangerous or abusive environment. If you or your children are at risk, seek immediate help via this link for Illinois’ Domestic Violence assistance, or call the Domestic Violence Helpline: 

  • 1-877-TO END DV or 1-877-863-6338 (Voice)
  • 1-877-863-6339 (TTY)

The hotline is toll free, confidential, multilingual, and open 24-hour.

63% of people who divorced said having a better understanding of commitment prior to marrying could have stopped their union from collapsing. More than half said that if they had a better understanding of their spouse’s morals and values prior to getting married, they might still be together.

At Masters Law Group, we empathize with the intricate dynamics of relationships, recognizing the strains that may push couples toward contemplating divorce. However, before taking that significant step, there are crucial actions you can take that could salvage your relationship. Here are four must-dos to try and save your marriage, grounded in professional insight and practical advice.

1. PRIORITIZE OPEN AND HONEST COMMUNICATION

Communication is the cornerstone of any successful relationship. Misunderstandings, resentment, and emotional distance can easily creep in without it. Many couples drift apart simply because they stop talking to each other. At Masters Law Group, we’ve seen how poor communication often precedes the decision to file for divorce. If you’re looking to save your marriage, here are some tips to help move communication:

  • Schedule Regular Check-Ins: Make it a habit to sit down and discuss your feelings, concerns, and expectations. This doesn’t have to be formal—sometimes, the best conversations happen over coffee or during a walk in the park.
  • Active Listening: Listen to your partner without interrupting. Validate their feelings and show empathy. Often, people want to feel heard and understood.
  • Avoid Blame Games: Focus on expressing your feelings using “I” statements rather than blaming your partner. For instance, say, “I feel neglected when you come home late” instead of “You never come home on time.”
  • Seek Professional Help: Sometimes, a neutral third party, like a marriage counselor, can facilitate better communication. Therapy can provide tools and strategies to improve your dialogue and resolve conflicts effectively.

2. REIGNITING THE SPARK TO SAVE YOUR MARRIAGE

Over time, it’s natural for the initial passion in a relationship to fade. However, maintaining emotional and physical intimacy is crucial for a healthy marriage. At Masters Law Group, we often hear from clients who feel their marriages have become more like business partnerships than romantic ones. Here are some ways you can help reignite that spark:

  • Date Nights: Regularly set aside time for just the two of you. Whether it’s a fancy dinner out or a cozy night in, make sure it’s something you both enjoy.
  • Surprise Each Other: Small, unexpected gestures can go a long way in making your partner feel special. This could be a handwritten note, a favorite snack, or a spontaneous weekend getaway.
  • Physical Touch: Don’t underestimate the power of touch. Hold hands, hug, and make time for intimacy. Physical closeness can strengthen your bond and reinforce your connection.
  • Shared Activities: Find hobbies or activities that you both enjoy. This can create shared experiences and memories, reinforcing your bond.

3. ADDRESS AND RESOLVE CONFLICTS CONSTRUCTIVELY

Every couple argues—it’s a natural part of any relationship. However, how you handle these conflicts can make or break your marriage. At Masters Law Group, we’ve observed that unresolved conflicts can lead to long-term resentment and, eventually, marriage breakdown. Here are some strategies for conflict resolution:

  • Stay Calm: Avoid raising your voice or letting anger take control. Take a break if needed to cool down before discussing the issue.
  • Focus on the Issue, Not the Person: Attack the problem, not your partner. Stay focused on resolving the issue rather than bringing up past grievances or personal attacks.
  • Compromise: Be willing to meet in the middle. Relationships are about give and take; sometimes, finding a middle ground is the best solution.
  • Agree to Disagree: Recognize that you won’t agree on everything. It’s okay to have different opinions as long as you respect each other’s perspectives.

4. BUILD A STRONG SUPPORT SYSTEM

Having a robust support system can provide the emotional and practical help you need to navigate the ups and downs of marriage. At Masters Law Group, we understand that external support can often provide a fresh perspective and much-needed encouragement during tough times.

  • Family and Friends: Lean on trusted family members and friends who can offer advice and support. They can provide a different perspective and remind you of the love and commitment you have for each other.
  • Couples Therapy: Professional counseling can offer strategies and tools to strengthen your relationship. Therapists can help you understand each other better and work through issues constructively.
  • Support Groups: Joining a support group for couples can provide a sense of community. Sharing experiences with others in similar situations can be comforting and informative.
  • Self-Care: Taking care of your mental and physical health is crucial. When you feel good about yourself, you can bring a more positive attitude to your relationship.

WHEN TO SEEK PROFESSIONAL HELP

Despite your best efforts, there are times when the challenges in a marriage may feel insurmountable. If you’ve tried these strategies and still find your relationship struggling, it may be time to seek professional help. 

At Masters Law Group, we offer comprehensive family law services, including divorce, mediation, and counseling referrals. We aim to help you save your marriage, and we understand that divorce is sometimes the best option for both parties.

Our divorce attorneys are here to help provide compassionate and knowledgeable support through every step of the divorce process. 

FINAL THOUGHTS

In order to help save your marriage requires effort, commitment, and a willingness to seek help. Divorce is a difficult journey, but couples in DuPage County and across Illinois can access professional help to make the process smoother for everyone involved. Masters Law Group offers guidance on divorce and mediation, helping you find the best path forward for you and your family. 

Contact us today to set up your complimentary consultation.

Navigating The Nuances of LGBTQ+ Divorce in Illinois

The end of a marriage is always challenging for the couple involved, and the impact on family members can be significant. This holds true for those in LGBTQ+ marriages as well. If you’re going through a divorce, striving for an amicable resolution is crucial.

Same-sex marriage became legal in Illinois on June 1, 2014, thanks to the Illinois Religious Freedom and Marriage Fairness Act signed by Governor Pat Quinn on November 20, 2013. This law also allowed civil unions in Illinois to be converted to marriages within a year. 

However, despite these strides, LGBTQ+ couples encounter unique complexities in divorce, including legal nuances and emotional hurdles. Support and guidance from a skilled divorce attorney are crucial to help navigate divorce effectively. Here’s what you need to know.

Understanding LGBTQ+ Divorce in Illinois

Navigating a gay divorce involves grappling with legal frameworks that may still be evolving in some jurisdictions. While marriage equality is recognized in many places, the intricacies of divorce laws can vary widely. Moreover, dealing with societal attitudes and biases can add stress to an already challenging situation.

In Illinois, same-sex couples seeking a divorce must adhere to specific criteria. Firstly, they must be legally married. Additionally, they must fulfill the 90-day residency requirement and file for divorce in their county. Irreconcilable differences serve as the primary grounds for divorce, as is the case for all couples in the state. The divorce proceedings typically encompass a blend of out-of-court negotiations, courtroom litigation, and mediation sessions.

Given the intricate nature of divorce proceedings, same-sex couples should seek the guidance of a divorce attorney well-versed in the nuances of same-sex divorce. Getting the help you need will not only help ensure adherence to legal procedures and provide valuable resources for emotional support throughout the process.

Understanding Illinois Asset Division

Asset division can be contentious in any divorce, including for LGBTQ+ couples. Illinois Asset division divides marital property and debts between spouses fairly and equitably. It’s essential to understand that the goal is not necessarily to divide everything equally but rather fairly, considering the unique circumstances of the marriage. Here’s how it works:

  1. Contribution to the Marriage: The court looks at what each spouse brought to the marriage regarding money and non-money contributions like caring for the home or children.
  2. Duration of the Marriage: How long the marriage lasted matters, as it can affect how assets are divided.
  3. Economic Circumstances: Each spouse’s financial situation, including income and needs, is considered.
  4. Non-Marital Property: Things owned before marriage or received as gifts or inheritance during marriage may not be split.
  5. Custodial Arrangements: If there are kids, the court looks at the allocation of parental responsibilities and how it impacts finances.
  6. Spousal Support (Alimony): Whether one spouse needs support payments is factored in.
  7. Tax Consequences: Taxes resulting from asset division are considered to make things fair.
  8. Wasteful Dissipation: If one spouse recklessly spends or wastes money, it can affect the division.
  9. Future Needs: The court considers what each person will need, especially if one is in a tougher spot after the divorce.
  10. Agreements: Any agreements made before or during the marriage, like prenups, are considered if they meet legal standards.

A skilled divorce attorney can help prioritize your best interest regarding asset division. It’s important to note that equitable distribution doesn’t always mean a perfect 50/50 split. It’s about creating a fair and just arrangement based on each family’s unique situation. This process can be tricky, so it’s a good idea to work with a skilled family law attorney to help ensure your rights are protected during asset division in Illinois.

Allocation of Parental Responsibilities

In Illinois, same-sex couples enjoy equal rights to opposite-sex couples concerning the allocation of parental responsibilities and divorce. However, there are distinct legal considerations that LGBTQ+ couples may encounter during divorce. This includes the following: 

  1. The child is born while the spouses are married to each other.
  2. The child is born after the marriage is terminated. It must be within 300 days after that termination.
  3. In the first two situations, the couple attempted to enter into a marriage or civil union “in apparent compliance with the law.” However, that marriage or union is later terminated or declared invalid for some reason.
  4. A person marries the birth mother after the child is born and consents to being added to the birth certificate.

Additionally, the court may evaluate if one parent is unwilling or unable to engage in co-parenting, potentially leading to a sole parental determination. The law encourages parents to collaborate on crucial child welfare decisions, including education, healthcare, religion, and extracurricular activities. Courts prefer shared responsibility between parents and may allocate it to one if necessary. If parents fail to reach an agreement on a parenting plan, a judge may employ the same criteria utilized in opposite-sex couples’ divorces to decide parental responsibilities.

A skilled divorce attorney can effectively advocate for the children’s best interests while nurturing a positive co-parenting dynamic.

Emotional Support and Healing

Beyond the legal intricacies, the emotional toll of divorce can be profound. For LGBTQ+ individuals, facing the end of a relationship can evoke a wide array of emotions, including feelings of isolation, rejection, and uncertainty about the future. It’s essential to prioritize self-care during this challenging time. Here are some tips for navigating the emotional journey of divorce:

  • Seek Support: Contact friends, family, or mental health professionals for emotional support and guidance.
  • Participate in LGBTQ+-Friendly Support Groups: Joining support groups or therapy sessions tailored to the LGBTQ+ community can provide a safe and understanding space to process emotions.
  • Practice Self-Care: Take time to engage in activities promoting relaxation, mindfulness, and self-reflection.
  • Be Gentle with Yourself: Understand that it’s normal to experience a range of emotions during this time, and it’s okay to give yourself permission to feel and heal at your own pace.
  • Focus on Personal Growth: Use this opportunity for self-discovery and personal growth. Explore new interests, hobbies, or goals that bring fulfillment and joy.

Taking proactive steps to address emotional well-being is crucial for navigating the challenges of divorce and emerging stronger on the other side.

Getting The Help You Need

One of the first steps in navigating the nuances of an LGBTQ+ divorce is seeking the guidance of a knowledgeable divorce attorney. Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. We empower you to make informed decisions and strive for an outcome that supports your best interests and your family’s.

As such, we move through settlement negotiations, mediation, or litigation with our client’s assurance and well-being in mind. Whether you are facing an LGBTQ+ contested divorce, uncontested divorce, or civil union divorce, our firm’s divorce attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Final Thoughts

As we close out Pride Month, Masters Law Group reaffirms its commitment to supporting all members of the LGBTQ+ community, including those navigating divorce. By fostering empathy and understanding, we can help LGBTQ+ individuals emerge from divorce stronger and ready to embrace new beginnings. You don’t have to navigate this journey alone. With the guidance of our compassionate divorce attorneys and a supportive community, healing and closure are within reach. 

Contact us today to schedule your complimentary consultation.

Navigating Civil Unions During Pride Month

June is known worldwide as Pride Month, a time when the LGBTQ+ community and its allies come together to advocate for a more inclusive future. As we celebrate Pride Month, we must recognize civil unions’ role in providing legal protection for same-sex couples.

Illinois became the first state to legalize civil unions on June 1, 2011. For many same-sex couples, civil unions represent the legal acknowledgment of their relationship, offering rights and responsibilities similar to those of marriage. However, navigating the legal complexities of civil unions can be challenging, especially in jurisdictions where LGBTQ+ rights are still evolving. In this blog, we will explore civil unions, dissolutions, and how a family law attorney can help. Here’s what you should know.

What Is A Civil Union?

Civil unions allow two adults of the same or opposite sex to enter a legally recognized relationship. Contrary to a common misconception, civil unions are not exclusive to same-sex couples. Same-sex and opposite-sex couples can enter into a civil union in Illinois. Partners entering a civil union are entitled to the same legal obligations, protections, and benefits that state law provides to married spouses, including:

  • Property rights.
  • Healthcare decisions.
  • Inheritance rights.
  • Access to family-related legal protections.

Civil unions help ensure that couples receive equal treatment and recognition under state law. Understanding the distinction between state and federal recognition is vital for couples considering a civil union. However, if you have entered a civil union with your partner but have decided to move on, you will need a civil union dissolution.

Understanding Civil Union Dissolution

In Illinois, the process of dissolving a civil union follows similar procedures to that of a traditional divorce. A party to a civil union may petition the Court to dissolve the civil union just as with the Dissolution of Marriage. You must draft a Petition to Dissolve a Civil Union alleging similar facts as in a Petition for Dissolution of Marriage and follow similar procedures below. Here is a closer look at the dissolution process and what a family law attorney can guide you through:

  1. File a Petition to Dissolve a Civil Union with the county circuit court clerk where it was granted.
  2. Provide the respondent with a copy of the petition and a summons, notifying them of the dissolution proceedings.
  3. Attempt to reach a settlement agreement through negotiation or mediation outside of Court.
  4. The case may proceed to trial if no settlement is reached or there are contested issues.
  5. The Court will issue a final judgment of dissolution.
  6. After dissolution, obtain a certified copy of the Dissolution of Civil Union records from the county circuit court clerk for legal documentation.

Consulting with a divorce attorney experienced in civil union law can help ensure that the process proceeds smoothly and that your rights are protected.

The Role of a Family Law Attorney

Establishing or dissolving a civil union can create unique challenges and legal complexities. At Masters Law Group, our attorneys provide professional legal representation for civil unions. Our attorneys have dedicated years and resources to understanding and fighting for LGBTQ+ rights. To showcase our experience, here are a few ways we can help:

  • Experienced Mediators: Erin E. Masters is approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. The firm’s mediation counselors have extensive experience in family law and are skilled in facilitating productive discussions between divorcing spouses.
  • Experienced Litigators: Our attorneys meticulously prepare legal arguments, gather evidence, and strategically plan to help secure your most favorable outcome.
  • Conflict Resolution: Our divorce attorneys are well-rounded in conflict resolution. We focus on finding peaceful solutions for all parties involved, including their children.
  • Protecting Your Interests: Masters Law Group attorneys work to protect your legal rights and the best interests of you and your children.

LGBTQ+ individuals can benefit from accessing diverse community resources tailored to their needs, complementing the assistance a family law attorney provides. These resources offer emotional support, legal guidance, and connections within the LGBTQ+ community.

LGBTQ+ Community Resources

Chicago, Illinois, boasts a vibrant LGBTQ+ community with numerous resources dedicated to supporting individuals in civil unions. The Center on Halsted is a comprehensive LGBTQ+ community center offering various services, including legal clinics, counseling, and support groups.

The Howard Brown Health Center also provides LGBTQ+-affirming healthcare services, including primary care, mental health services, and special programs for transgender and non-binary individuals. 

The Illinois Safe Schools Alliance focuses on creating safe and inclusive environments for LGBTQ+ youth in schools through advocacy and education. These organizations are vital in providing support, resources, and community connections for individuals in civil unions.

Celebrating Pride Month With Masters Law Group

As we celebrate Pride Month, it’s essential to recognize the ongoing struggles of same-sex couples. Seeking the guidance of a knowledgeable family law attorney can help individuals navigate civil unions successfully.

At Masters Law Group, we provide professional and individualized legal representation for various family law concerns, including civil unions. Our firm has dedicated considerable time to becoming knowledgeable and up-to-date in this new area of family law. Whether you want to form a civil union or need a civil union dissolution, we will take the time to fully understand your situation and provide honest advice regarding your options.

Contact us today to schedule a consultation.