Tag Archive for: Family law Chicago

Understanding Illinois Visitation and Allocation of Parental Responsibilities

Understanding parental responsibilities and parenting time in Illinois is essential for anyone navigating a divorce or separation involving children.

The traditional terms ‘custody’ and ‘visitation’ have evolved into ‘parental responsibilities’ and ‘parenting time.’ This reflects a child-centered approach, helping to emphasize shared responsibilities over control. These laws prioritize the child’s best interests and outline each parent’s roles and duties.

While navigating this legal landscape can be challenging, having the right support can help you confidently manage these responsibilities and protect your family’s future. Whether you’re working through a cooperative agreement or facing a contentious situation, having a knowledgeable advocate by your side makes all the difference. Masters Law Group is here to guide you through this critical time. Here’s what you need to know.

What Are Parental Responsibilities in Illinois?

Parental responsibilities include two main categories: 1) Allocation of responsibilities (legal custody) and 2) Parenting time (visitation). Parenting time is a schedule that shows when each parent spends time with the children. This schedule is created and approved by a judge in family court. If the parents can’t agree on the schedule, the judge will decide what’s best for the child and assign a schedule for the parents.

Allocation of parental responsibilities refers to the decision-making obligations each parent will have on behalf of the child. Parents can agree to make these decisions together or divide them into categories, which should cover the following:

  • Education
  • Health
  • Religion
  • Extracurricular Activities

If the parents cannot agree to divide these responsibilities, an Illinois family court judge will allocate them. Let’s examine the three types of parental responsibilities.

Types of Parental Responsibility Allocations

In Illinois, there are three primary types of parental responsibility allocations:

  • Joint Allocation: Both parents share decision-making responsibilities in major areas of the child’s life. It does not necessarily mean equal parenting time but requires cooperation between parents.
  • Sole Allocation: One parent can make all significant child welfare decisions. The other parent still maintains parenting time unless otherwise restricted.
  • Shared Allocation: Similar to joint allocation, but generally applies when the child spends equal time with both parents and resides within the same school district.

Determining Parental Responsibilities

Parental responsibilities are determined with the primary goal of serving the child’s best interests. The court takes a comprehensive approach, considering various factors to help ensure that the final decision supports the child’s well-being and development. Key factors the court considers include:

  • The child’s wishes (depending on age and maturity).
  • The mental and physical health of all parties.
  • The relationship between the child and each parent.
  • The child’s adjustment to home, school, and community.
  • Any history of violence or abuse in the household.

It’s important to note that Illinois law does not automatically favor mothers over fathers. Both parents are considered equally, and responsibilities are allocated based on what will best serve the child’s interests.

Modifications of Parental Responsibilities

Life changes and parenting plans may need to change as well. If significant circumstances arise, such as relocation, shifts in the child’s needs, or changes in a parent’s lifestyle, modifying the existing parenting plan may become necessary. Illinois courts are open to adjusting parental responsibilities when such modifications serve the child’s best interests.

Common Reasons for Modifications:

  • Changes in the Child’s Needs: If the child’s physical, emotional, or educational needs evolve, adjustments may be necessary.
  • Alterations in a Parent’s Living Situation: Significant changes, such as relocation, job loss, or health issues, can impact a parent’s ability to fulfill their responsibilities.
  • Shifts in the Child’s Relationship with a Parent: Modifications may be warranted if the child’s bond with one parent has significantly strengthened or weakened.

Parenting Time: Understanding the Basics

Parenting time is the schedule that dictates when the child will spend time with each parent. It focuses on the child’s day-to-day experiences and maintaining a stable routine. While both parties typically agree upon this, the court can step in when necessary to establish an arrangement that supports the child’s best interests. When one parent fails to comply with the parenting schedule, legal enforcement can help maintain stability for the child. Enforcement actions may include:

  • Penalties: The court may impose fines or require the non-compliant parent to cover legal fees.
  • Mediation: Mandated sessions may help resolve disputes and encourage cooperation.
  • Makeup Parenting Time: Granting additional time to compensate for missed visits due to non-compliance.

If you have any legal questions or concerns about modifying or enforcing a parenting plan, it’s essential to consult with an experienced family law attorney. They can provide tailored advice and represent your best interests throughout the process.

Key Differences Between Parental Responsibilities and Parenting Time

When navigating parenting arrangements, “Allocation of Parental Responsibilities” and “Parenting Time” define a parent’s involvement in their child’s life. While both are critical, they address different aspects of parenting following a separation or divorce. Here’s how they differ:

  1. Decision-Making vs. Time Spent: Allocation of parental responsibilities focuses on who makes key decisions about the child’s upbringing, whereas parenting time pertains to the schedule of physical time spent with each parent.
  2. Legal vs. Physical Custody: Parental responsibilities involve legal rights regarding decision-making, while parenting time refers to where and when the child spends time with each parent.
  3. Shared vs. Sole Arrangements: Both parental responsibilities and parenting time can be shared or allocated to one parent, depending on what’s best for the child.

Understanding these distinctions empowers parents to navigate parenting plans more effectively and reach agreements prioritizing their child’s well-being. Partnering with a family law attorney can provide the guidance needed to manage these complexities confidently.

How Masters Law Group Can Help

Navigating the complexities of Illinois parental responsibilities can be challenging, but you don’t have to do it alone. Masters Law Group is experienced in handling family law cases, including those involving parental responsibilities. Here’s how we can help:

  1. Legal Guidance: We provide clear, informed advice to help you understand your rights and obligations under Illinois law.
  2. Tailored Strategies: Every family is unique, and we work closely with you to develop a parenting plan that best meets your child’s needs while protecting your parental rights.
  3. Mediation and Negotiation: Whenever possible, we aim to resolve disputes amicably through mediation, minimizing stress and preserving relationships.
  4. Court Representation: If your case requires litigation, we have the experience to represent you effectively in court and advocate for your child’s best interests.
  5. Post-Decree Modifications: We can assist with modifying parenting plans if your circumstances change and help ensure that any modifications are legally sound and in your child’s best interest.

Final Thoughts

The allocation of parental responsibilities helps ensure that both parents play a meaningful role in their child’s life, prioritizing the child’s well-being above all. At Masters Law Group, we know how overwhelming this process can be. That’s why we’re dedicated to providing you with the knowledgeable legal guidance needed to make informed decisions. Let us help you protect your rights and your child’s future.

Contact us today to learn more or to schedule a consultation.

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.

The Hague Convention: A Tool for Parental Child Abduction

Picture the distress of discovering that your child has been whisked away to a foreign country without your permission. This heartbreaking situation has become a stark reality for numerous parents worldwide. Thankfully, the Hague Convention offers a beacon of hope, providing a structured legal pathway for the return of abducted children to their rightful homes.

The Hague Convention is a powerful tool designed to combat the devastating issue of cross-border child abduction. This international treaty provides a legal framework that facilitates the swift return of children. In this blog, we will explore the workings of The Hague Convention and examine its role in reuniting families. Here’s what you need to know to find the path to bringing your child back home.

What is The Hague Convention?

The Hague Convention on Civil Aspects of International Child Abduction was enacted into law through the International Child Abduction Remedies Act (“ICARA”). It provides that a parent whose child has been wrongfully removed from the U.S. can petition for the child’s return to their country of habitual residence. Despite efforts to prevent such occurrences, the U.S. State Department estimates that between 600 and 800 American children are abducted annually.

Families need to understand the importance of the Hague Convention when they find themselves in international disputes. Here are some tips to follow if you find yourself in this situation:

  • Prompt action is crucial: If you believe your child has been wrongfully removed or retained in a Hague Convention country, it is essential to act promptly. Initiating legal proceedings increases the chances of a successful resolution.
  • Contact the central authority: In the United States, the Office of Children’s Issues within the U.S. Department of State is the foremost authority for Hague Convention matters. They can provide information, resources, and assistance in locating and returning your child.
  • Gather evidence: It is essential to gather evidence demonstrating your child’s habitual residence and the wrongful removal or retention. Documentation such as birth certificates and communication records can strengthen your case.
  • Consulting with a family law attorney: A family law attorney with experience in Hague law is recommended. They can guide you through the legal process and help you navigate the complexities of the Hague Convention.

Dealing with international disputes can be emotionally demanding, so preparing for the challenges is essential. Working with a Hague Convention attorney can provide valuable support. Let’s examine how the Hague Convention can help during a parental child abduction case.

Understanding Parental Child Abduction & The Hague Convention

Parental child abduction across international borders is a deeply troubling issue that affects families. This situation carries significant emotional, psychological, and legal consequences. According to Travel.State.Gov, international parental child abduction involves the wrongful removal or retention of a child outside their habitual country of residence, violating the custody rights of another parent or guardian. The Office of Children’s Issues within the U.S. Department of State plays a pivotal role in preventing international parental child abduction, whether from or to the United States. It actively supports families involved in abduction cases and upholds the principles outlined in the Hague Convention.

Getting Hague Convention Legal Assistance

Parents involved in international child abduction cases should seek the assistance of an attorney experienced in the Hague Convention. These attorneys possess the knowledge and experience to guide parents through the legal process and protect their rights.

If you have concerns about the abduction of your child, you should take appropriate proactive measures to protect their well-being. An experienced Hague Convention lawyer can help and may recommend several preventative measures, such as:

  1. Getting a custody order or parenting plan that outlines each parent’s rights and responsibilities, including travel restrictions.
  2. Adding your child’s name to a watchlist to prevent unauthorized removal from the country.
  3. Obtaining a court order requires surrendering your child’s passport or imposing restrictions on international travel.
  4. Establish security measures and emergency protocols by working with your child’s school or daycare.

If you have concerns about parental child abduction, promptly contacting your family law attorney is of utmost importance. They will discuss your options with you and assist in developing a plan that prioritizes your child’s safety.

Working With a Hague Attorney

Masters Law Group focuses on cases involving international parental child abduction under the Hague Convention. As experienced Hague attorneys, they provide valuable assistance to parents navigating complex international legal landscapes. Choosing Masters Law Group means entrusting your case to dedicated professionals who protect your child’s rights and help secure their safe return. Our Hague Convention attorneys can help you understand your rights so that you can make the best possible decisions for your family. Here’s how we can help:

  • Knowledge and Experience: Masters Law Group has extensive experience in Hague Convention cases, understanding the nuances of international family law and the procedural requirements under the Convention.
  • Strategic Counsel: They offer strategic legal counsel tailored to each client’s unique situation, guiding them through the Hague Convention process from initial consultation to resolution.
  • Global Network: With a robust network of international legal contacts, Masters Law Group facilitates efficient communication and collaboration across borders, essential for successful Hague cases.

We will thoroughly investigate the facts of your case. To learn more about your options, contact us to schedule a one-on-one appointment with our experienced Hauge lawyers, Erin E. Masters and Anthony G. Joseph. We will work aggressively to advocate on your behalf.

Final Thoughts

The Hague Convention stands as a beacon of hope for families facing the turmoil of international parental child abduction. With Masters Law Group by your side, navigating these challenging circumstances becomes more manageable. Your child’s safety is our top priority, and our team of attorneys can help you protect yourself and your children.

Featured Hague Decisions:

If you or a loved one is facing International Parental Child Abduction, contact us today to schedule a consultation.

Parental Child Abduction: Where to Turn for Help

Parental child abduction is a heart-wrenching ordeal that can leave the left-behind parent feeling helpless and distraught. This situation occurs when one parent unlawfully takes or keeps a child away from the other parent. 

Every family dynamic is unique, making each parental abduction case complex. Despite these complexities, there are essential steps to follow that can help reunite families and bring abducted children home safely. Actions such as contacting law enforcement, notifying the courts, and working with a child abduction attorney can help lay the foundation for a coordinated response. Here’s what you need to know.

Understanding Parental Child Abduction

Parental child abduction occurs when one parent unlawfully takes their child from the other parent, often without legal authorization or against the court’s custody order. This act can lead to serious legal repercussions for the abducting parent. It’s crucial to recognize that parental child abduction constitutes a violation of both state and federal laws in many countries. 

There’s a common misconception that parental child abductions are less harmful because the child is with a parent or family member. However, legal systems typically view parental child abduction seriously, imposing consequences such as criminal charges, fines, and imprisonment for the abducting parent. Let’s take a deeper look at some risks to be aware of to help prevent parental child abduction.

Knowing The Risks

There are certain traits and characteristics of offending parents that make it easier to spot if they are capable of child abduction. It is important to remember that these signs do not necessarily mean that your child’s other parent is going to abduct your child; these are signs that you need to make sure you are more aware of. Here are some examples below:

  • Parents who have threatened to abduct their children and have done so before pose a significant risk.
  • Parents who believe their children are being abused and have a support group that shares this belief are more likely to abduct.
  • Parents with paranoia or sociopathic tendencies may be at higher risk of abducting their children.
  • Parents with strong ties and family support in another country might consider abduction as a viable option.
  • Parents who are frustrated with the United States legal system and have supportive family and friends are also at risk of abducting their children.

When a child is abducted, the consequences can be severe for both the child and the left-behind parent. It is crucial to act swiftly and decisively to help ensure the child’s safe return. By recognizing these signs, you can be better prepared to help prevent the unimaginable from happening.

Immediate Steps to Take

Federal law prohibits law enforcement from establishing a waiting period before accepting a missing child report. It requires law enforcement agencies to respond in a specific way, regardless of why a child is missing. If you suspect or confirm that your child has been abducted by their other parent, taking immediate action is vital. Here are some steps to follow:

  1. Contact Law Enforcement: Report the abduction to your local police department. Provide them with all relevant information, including custody orders, recent photos of the child, and details about the abductor.
  2. Notify the Courts: Inform the family court that issued the custody order about the abduction. They can issue emergency orders and work with law enforcement to locate your child.
  3. Reach Out to the National Center for Missing & Exploited Children (NCMEC): NCMEC provides resources and assistance in locating missing children and can work with law enforcement agencies on your behalf.
  4. Contact the U.S. Department of State (for International Cases): If you believe your child has been taken abroad, the Office of Children’s Issues can provide support and guidance on international child abduction cases.

By collaboratively taking these measures, we can collectively contribute to helping protect the safety and well-being of all children. Additionally, seeking guidance from a child abduction attorney with Hague Convention case experience can help navigate such challenging situations.

How a Child Abduction Attorney Can Help

Navigating the legal complexities of parental child abduction requires adept guidance. When you partner with an experienced child abduction attorney, such as those at Masters Law Group, you gain the support needed to advocate for your family’s best interests. Here are some of the ways they can help:

  1. Legal Experience: Child abduction attorneys have immense experience in family law and have in-depth knowledge of both state and federal laws governing parental responsibilities and child abduction. They can help you understand your rights and the legal remedies available.
  2. Emergency Court Orders: A child abduction attorney can swiftly file emergency motions to secure the return of your child, including requesting the issuance of a warrant for the abductor’s arrest if necessary.
  3. Coordination with Authorities: Your child abduction attorney can work closely with law enforcement agencies, NCMEC, and international authorities to help expedite the process. Their experience in dealing with such agencies can significantly enhance the efficiency and effectiveness of these efforts.
  4. Interstate and International Cases: Child abduction cases that cross international borders involve additional legal hurdles. Attorneys with experience in the Hague Convention on the Civil Aspects of International Child Abduction can help navigate these complexities on your behalf.
  5. Negotiation and Mediation: In some cases, negotiation or mediation with the abducting parent may be necessary to resolve the situation amicably. A skilled child abduction attorney can represent your interests and work towards a resolution prioritizing the child’s well-being.

Final Thoughts

Parental child abduction is a distressing experience, but knowing where to turn for help and having a knowledgeable child abduction attorney by your side can make a significant difference. At Masters Law Group, our team of knowledgeable attorneys is here to help you through this process. 

Erin Masters and Anthony Joseph have extensive experience in cases involving international parental disputes in courts located in the State of Illinois and the United States federal court system. If you find yourself in this unfortunate situation, don’t hesitate to reach out. Our attorneys can help guide you through the process and work towards a swift and safe resolution. 

See our Featured Hague Decisions here:

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.

Understanding International Parental Child Abduction on Missing Children’s Day

May 25th, 2024, is National Missing Children’s Day, a reminder of the importance of child safety and the prevention of child abductions. For parents, guardians, and all those invested in the safety of children, vigilance is vital. 

Despite concerted efforts, parental child abductions persist, with international cases posing particularly daunting challenges. Shockingly, family abductions alone make up 49 percent of all child abduction cases, underscoring the gravity of the issue. The heartache endured by both the abducted child and the left-behind parent is truly unimaginable.

In this blog, we will explore the complexities of international parental child abduction, providing you with essential knowledge and resources should you ever confront this distressing scenario. Here’s what you need to know.

National Missing Children’s Day

National Missing Children’s Day is a solemn occasion emphasizing ongoing efforts to protect and defend children nationwide. This day, established by President Ronald Reagan on May 25, 1983, pays tribute to the brave endeavors of various agencies, organizations, and individuals dedicated to protecting children’s safety.

The origin of National Missing Children’s Day lies in the disappearance of 6-year-old Etan Patz from New York City on May 25, 1979. Etan’s case not only shocked the nation but also catalyzed efforts to address the issue of missing children on a national scale. On this day, we remember him and acknowledge the unwavering dedication of those who tirelessly work to reunite families and protect children.

Let’s turn our attention to a crucial aspect of child safety: understanding the signs of parental child abduction. By identifying these indicators, we can help better protect our children and take proactive steps to prevent such heartbreaking situations.

Knowing The Signs Of Parental Child Abduction

Being able to identify the red flags that signal parental child abduction is crucial when it comes to preventing these tragic scenarios. Family members can often be the perpetrators, as they may believe they know what is best for the child. Young children are particularly vulnerable targets as they may not know how to seek help or alert others if their parent takes them.

It is essential to be mindful of warning signs and factors that may increase the likelihood of parental child abduction, including:

  1. Threats and Previous Incidents: Any previous threats of seriously hiding your child are critical, as these behaviors can escalate to abduction.
  2. Weak Ties to Current Location: Parents with limited connections to their current community, unstable employment, or distant family may feel more inclined to relocate with the child.
  3. Strong Affiliation with Another Country: Keep an eye on parents with strong emotional or familial ties to another country, especially if they have lived there previously or frequently express a desire to return.
  4. Recent Unexplained Changes in Behavior: Sudden and unexplained actions like quitting a job, selling property, closing bank accounts, or applying for passports or visas should raise concerns, as they could indicate plans for abduction.
  5. History of Relationship Struggles or Domestic Violence: In some cases, parents who perceive themselves as wronged in the relationship may resort to abduction as a means of retaliation.

By recognizing these red flags, we can take proactive steps to help protect our children and prevent the devastating consequences of parental child abduction.

How To Keep Children Safe

Helping secure the safety of our children involves proactive steps and swift action when needed. Establishing clear parental responsibilities and visitation plans is crucial. Reporting a parenting dispute to appropriate authorities, such as local law enforcement or a state judicial officer, is vital for accountability and expedited resolution.

There are also great aids available besides the local authorities. Reaching out to resources like the Department of State’s Office of Children’s Issues and the National Center for Missing and Exploited Children (NCMEC) can provide support. NCMEC collaborates closely with government agencies and administers programs like the Victim Reunification Travel Program.

To further help mitigate the risk of parental child abduction or enhance the chances of recovering a missing child, consider the following gathering the following:

  • Up-to-date pictures of your child.
  • Fingerprints of your child.
  • A written detailed description of your child, including height, weight, hair color, eye color, birthmarks, and noticeable physical characteristics.
  • Copies of your child’s Social Security card and passport.

By collaboratively taking these measures, we can collectively contribute to helping safeguard the safety and well-being of all children. Additionally, seeking guidance from a seasoned child abduction attorney with Hague Convention case experience can help navigate such challenging situations.

How The Hague Convention Can Help

The Hague Convention is an international agreement that provides a legal framework for the prompt return of children who have been wrongfully removed or retained outside their home country. The Convention guarantees that parents must return children involved in international custody cases to their habitual residence. This deters parents from attempting to relocate children across borders without the other parent’s consent or a court order.

The original Hague Conventions of 1899 and 1907 were massive, multi-part international treaties that established certain guidelines of international law, including rules of engagement that countries agreed to follow during times of war. In the decades since, many additional Hague conventions have taken place, and the Hague Conference on Private International Law (HCCH) was established as a permanent organization with the goal of establishing and supporting a set of unified international laws.

Each section and installment of the Hague Conventions has been signed, ratified, and entered into force by a different selection of countries. As such, any list of “Hague countries” based upon a single convention would be suspect and inadequate. However, as of March 2022, the HCCH itself includes 91 permanent members: 90 countries (nearly all of which are also members of the United Nations) and the European Union itself, which is classified as a “Regional Economic Integration Organisation (REIO). HCCH also includes 65 “connected parties” which are not full members, but are either in the process of becoming a member or have signed, ratified or agreed to observe one or more HCCH Conventions (full list can be found here).

How Does The Hague Convention Work?

The left-behind parent can initiate legal proceedings for the child’s return when someone wrongfully removes or retains them in a Hague Convention country. The central authority in the country where the child is located, such as the U.S. Department of State’s Office of Children’s Issues, plays a crucial role in coordinating efforts to find the child and facilitate their return.

Under the Hague Convention, the child’s return is the primary objective, and the legal proceedings focus on determining the child’s habitual residence and whether their removal or retention violated the custody rights of the left-behind parent. The Hague Convention does not address custody or visitation rights issues but instead focuses on the prompt return of the child to their country of habitual residence. 

Click here to see the participating countries of the treaty. 

Working With A Child Abduction Attorney

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 child abduction attorney. A family law attorney well-versed in child abductions can provide crucial assistance in filing Hague Convention applications and help defend against lawsuits under the Convention.

Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system. We have extensive knowledge and experience with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) that 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.

See our Featured Hague Decisions here:

Last Thoughts

National Missing Children’s Day reminds us of our ongoing efforts to reunite missing children with their families. One significant step towards this goal is for the U.S. and other countries to participate in the Hague Convention, which helps enable the negotiation of treaties to streamline international justice.

When dealing with international child custody/abduction cases, it’s essential to have the support of a knowledgeable family law attorney who understands the intricacies of the international legal system. With our guidance, you can navigate the complex legal processes involved in The Hague Convention and work toward a fast resolution, prioritizing the child’s well-being.

Contact us here today to learn more.

Masters Law Group Welcomes New Associate, Catherine Brukalo

Masters Law Group proudly welcomes Catherine R. Brukalo as its newest family law associate. With a deep knowledge of the legal field, Mrs. Brukalo brings a wealth of experience to the firm.


About Catherine Brukalo

Catherine Brukalo holds a Bachelor of Arts degree from Northwestern University in Evanston, Illinois, and her Master of Arts from University College London in England. Mrs. Brukalo interned at the United States Consulate General in Krakow, Poland, during her time in London. There, she represented the Consulate to various private and governmental organizations. She earned recognition from the United States Ambassador to Poland, Christopher R. Hill.

Legal Experience and Contributions

Associate Attorney Catherine Brukalo

Catherine Brukalo

Mrs. Brukalo earned her Juris Doctorate from The John Marshall Law School in Chicago, Illinois. She would later begin her legal career as a Law Clerk under Supreme Court Rule 711 with the Cook County State’s Attorney. This helped her gain experience in a felony drug courtroom. Since then, she has represented clients in a variety of legal matters. These legal matters include:

  • Personal injury.
  • Wrongful death.
  • Professional Malpractice.
  • Probate.
  • Breach of contract claims.
  • Real estate transactions.
  • Domestic relations.

Mrs. Brukalo is actively involved in the legal community, having served in various capacities, such as a member of the Illinois State Bar Association, Advocates Society, McHenry County Bar Association, and Chicago Bar Association. She has received recognition for her contributions, including a Presidential Commendation from the ISBA President for her work on civics education and being named an Illinois Rising Star and Super Lawyer by Illinois Super Lawyers.

In addition to her legal prowess, Mrs. Brukalo is fluent in Polish and regularly publishes legal articles in a Chicago-based Polish-language newspaper. She is also trained in Mediation and Arbitration and holds certification as a Life Coach. She serves as a Director on the Board of the Niles Chamber of Commerce and Industry in Niles, Illinois.

Mrs. Brukalo’s primary focus at Masters Law Group is domestic relations, handling cases involving divorce, parentage, allocation of parental responsibilities, and child support. Her dedication to her clients and commitment to excellence make her a valuable asset to the firm.

About Masters Law Group

Recognized as one of the Best Law Firms in 2023 by Best Lawyers® and U.S. News & World Report, Masters Law Group is located in Chicago, Illinois, and handles family law matters in Cook County and surrounding areas. It concentrates on areas such as divorce, allocation of parental responsibilities, and other family law matters. Our lawyers, Erin E. Masters and Anthony Joseph have been recognized by prestigious publications numerous times. This not only speaks volumes about their work but also their character.

Working with Masters Law Group

At Masters Law Group, we’re committed to helping you achieve the best outcome in your case. Our attorneys possess unique knowledge, experience, and talent in family law and divorce. With over ten years of experience handling family law cases, we know how important it is for our clients to feel comfortable. That’s why we offer free consultations, where you can meet before deciding whether to hire us.

Contact us to schedule a consultation today.

Divorce Advice Every Woman Needs on International Women’s Day

At Masters Law Group, we proudly honor the trailblazing women within our family law firm and across all fields in every industry. As family law attorneys, we have firsthand experience with the complexities of divorce and helping women through this challenging time.

Every year on March 8th, we celebrate International Women’s Day, recognizing the achievements and resilience of women everywhere. Being a female going through a divorce can be an isolating and overwhelming experience. If you’re a woman feeling unhappy in your marriage, you’ve likely considered initiating divorce. However, determining whether it’s the right choice for you, your children, and your spouse can be daunting. That’s why seeking personalized divorce advice is crucial for making well-informed choices.

Leaving a marriage is a woman’s toughest decision, often presenting unique challenges. There are important factors to consider upfront and inevitable hurdles along the way. Here are some practical tips to help protect yourself during the divorce or separation process.

Why Women Initiate Divorce

In the United States, women often initiate divorce more frequently than men. This trend has grown as women now have more job opportunities and higher independent incomes, which reduces the financial risks associated with divorce compared to the past. Here are some notable statistics:

The divorce process has also become more accessible, especially with the legalization of no-fault divorces in certain states. Illinois is one of the states that follows a no-fault divorce model. This means couples can dissolve their marriage without having to prove fault or wrongdoing by either party. This can simplify the process, offering a straightforward route from an unsustainable marriage.

Preparing Yourself Emotionally 

When you initiate the discussion of divorce with your spouse, and especially when you take the definitive step to file, you’re entering a realm with no clear path back.

At the core of any amicable divorce lies open and sincere communication. If possible, both partners must come together to express their feelings, concerns, and expectations. This fosters trust and clarity, reducing misunderstandings and unnecessary conflicts.

If conversations become difficult or communication proves challenging, consider involving a mediator, therapist, and divorce attorney. These professionals offer guidance and a neutral space for productive discussions, aiding both parties in reaching fair and mutually agreeable resolutions.

Remember, if you are initiating divorce due to dangerous behavior, such as physical and emotional abuse, drug addiction or other factors, you can seek an Order of Protection. Let’s explore this more.

What is Domestic Violence?

Domestic violence is described as abusive behavior when a family or household member uses physical or mental maltreatment toward another family or household member. The IDVA uses the following terms as abuse:

1. Physical abuse
2. Harassment
3. Intimidation of a dependent
4. Interference with personal liberty
5. Willful deprivation
6. Exploitation
7. Stalking

What is an Order of Protection?

An Order of Protection is a court order made in writing which prohibits, by law, further abusive behavior.

Who are persons considered to be family or household members?
The IDVA defines members to include:

1. A spouse
2. Ex-spouse
3. Girlfriend/boyfriend who have or have had a dating or engagement relationship
4. Parents
5. Children
6. Stepchildren
7. Significant other/partner
8. Persons who share or allege to have a blood relationship through a child
9. Persons who live together or formerly lived together
10. Persons with disabilities and their personal assistants

Need an Order of Protection in Illinois? Contact us to help you file in Illinois Civil court.

Prioritizing The Well-Being Of Your Children

If you don’t have the safety of yourself and/or family to worry about, if you have children, their well-being should be your top priority. If possible, maintain a united front when it comes to co-parenting decisions. Create a comprehensive parenting plan that outlines responsibilities, schedules, and guidelines. Keep children out of adult conflicts and reassure them of your love and support.

Whether it’s parenting time, asset division, or spousal support, your DuPage divorce attorney will help that your voice is heard and that the court’s decision is fair and aligned with your best interests. Furthermore, during court proceedings, your DuPage or Chicagoland divorce attorney can address unexpected challenges and legal objections and help ensure that all legal procedures are followed diligently.

Their presence in court assures you that you have a dedicated legal professional fighting on your behalf, helping you navigate the complexities of the judicial process during an emotionally challenging time.

Consider Options for Equitable Distribution

As couples navigate the challenging path of divorce, alimony, and asset division are critical aspects that demand attention. Unfortunately, Illinois is not a 50/50 state for divorce. This means that the court weighs several factors to determine how to fairly divide property rather than dividing property 50/50. Illinois follows a more intricate approach called “equitable distribution.” 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 custody 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 also 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.

Remember, “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.

Consider Divorce Mediation

Mediation offers an alternative dispute resolution method where a neutral mediator facilitates settlement discussions between you and your spouse, aiming to reach a final agreement. Unlike judges, mediators lack the authority to decide on behalf of either party. Instead, they focus on needs and interests rather than faults and rights.

In divorce mediation, couples either choose a mediator or one is appointed by the court, with costs typically split between both parties. Both spouses present supporting documentation for disputed issues, and the mediator works with both sides to find a resolution. The ultimate goal is reaching a mutually acceptable agreement.

Even with disagreements, divorce doesn’t have to escalate into a conflict. Mediation can provide a constructive path for addressing issues like allocating parental responsibilities and alimony, serving as an alternative to formal litigation in divorce court.

FINAL THOUGHTS

While many questions and valid concerns come with divorce, the divorce process does not have to be difficult, and you don’t have to go alone. If you’re a woman considering filing for divorce, our experienced DuPage Divorce attorneys are available to address any inquiries you may have along the way.

Whether you are facing a contested, uncontested, or civil union dissolution, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when needed.

For more information on the divorce process in the Chicagoland area, including DuPage and its surrounding counties, contact us here today.

 

Learn more about the experienced and talented females at our Family Law Firm

Partner / Family Law Mediator: ERIN E. MASTERS

Erin E. Masters is the principal of Masters Law Group, located in Chicago, Illinois. The firm handles family law matters in Cook County and surrounding counties. Masters Law Group concentrates in area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and Hague Convention/ international child abduction matters.

women's divorce lawyer

Associate Attorney: HAILEY MCGILLIVRAY

Hailey McGillivray is a dedicated and meticulous attorney, currently admitted to the Illinois State Bar. She holds an American and Canadian Juris Doctor from the University of Detroit Mercy School of Law and the University of Windsor Faculty of Law.

Read their full bios here.

Navigating Divorce and Infidelity

Infidelity is a complex and sensitive issue that can deeply affect individuals and relationships. According to the American Psychological Association (APA), infidelity in the United States accounts for 20-40% of divorces. 

In this blog, we will discuss its various types, underlying causes, effects on a marriage leading to divorce, and the crucial role that a divorce lawyer can play in such situations. Here’s what you need to know.

Understanding Types of Infidelity

Infidelity occurs when one partner deepens a connection with someone outside their marriage, violating the agreement of sexual or emotional exclusivity they made with their spouse. It may involve sharing intimate thoughts and feelings with someone other than their spouse. Unfaithfulness can manifest in various forms, and it’s crucial to comprehend these distinctions. Here’s a look at some of the different types of infidelity:

  • Physical Infidelity: Physical infidelity involves engaging in sexual activities with someone other than one’s spouse. This type of cheating comes to mind first when discussing the topic.
  • Emotional infidelity: This involves emotional attachment or intimacy with another person. Emotional affairs can do as much damage, if not more, to a relationship as a physical affair.
  • Cyber Infidelity: With the advancement of technology, cyber infidelity has become more prevalent. It involves engaging in online relationships or sexual activities with individuals on the internet.
  • Micro-Cheating: This form of infidelity may seem subtle or seemingly harmless actions that may indicate an emotional or physical connection with someone outside the marriage. Examples include secret texting or keeping a dating app profile.

Whether or not someone has been unfaithful depends on whether they’ve respected the agreed-upon boundaries of exclusivity, regardless of whether the relationship is monogamous or non-monogamous. Let’s dive into the causes where it can occur.

Identifying Causes of Infidelity

Infidelity, often referred to as cheating, duplicity, adultery, or unfaithfulness, can have its roots in various factors. It’s seldom straightforward, as relationships can become more fragile during transition periods, such as when young children begin school or when adult children leave home. Some common causes for infidelity in relationships include:

  • Lack of Communication: Poor communication within a marriage can lead to feelings of neglect or dissatisfaction, pushing individuals to seek emotional connection elsewhere.
  • Emotional Disconnect: When couples grow apart emotionally, one or both partners may seek emotional intimacy outside the marriage.
  • Unfulfilled Needs: Sometimes, unmet emotional or physical needs within a marriage can drive individuals to seek fulfillment elsewhere.
  • Opportunity: Easy access to potential partners, either in the workplace or online, can increase the likelihood of infidelity.
  • Personal Issues: Personal problems, such as low self-esteem, unresolved past traumas, or addiction issues, can contribute to infidelity.

Irrespective of the specifics of an affair, its consequences can profoundly affect the couple involved and those around them.

Effects of Infidelity on Marriages 

Infidelity can have profound effects on a marriage, often resulting in divorce. The individual involved in the betrayal may also wrestle with intense emotional reactions, such as overwhelming guilt or shame. Some feel trapped or helpless within the relationship, while others despair that change is impossible. The most common effects of infidelity are:

  • Broken Trust: Trust is the bedrock of any healthy relationship, and infidelity shatters this foundation, making it arduous to rebuild the marriage.
  • Emotional Trauma: Both the betrayed spouse and the one who strayed may endure emotional trauma, grappling with feelings of guilt, shame, anger, and depression.
  • Legal Consequences: Adultery can influence divorce proceedings, particularly in states with fault-based divorce laws. It may affect alimony, property division, and child custody decisions.

Giving up the extramarital relationship can be a struggle, even when they acknowledge its necessity, and some may even experience a sense of grief. If your relationship has been affected by infidelity, consider seeking the help of a divorce attorney who is experienced in family law affairs.

How A Divorce Attorney Can Help

In cases where infidelity leads to divorce, hiring a divorce lawyer becomes crucial. If you’re currently residing in Illinois and seeking a divorce attorney to assist you in finalizing your divorce, Masters Law Group is here to provide the support you need. Our team of experienced divorce attorneys and mediators is fully prepared to advocate for you and your family. Here are some crucial areas where we can help guide you:

  • Parenting Time: If you have children, it’s essential to work closely with your attorney to determine the most suitable arrangements for child custody and visitation. We aim to help create arrangements prioritizing your children’s well-being and best interests.
  • Mediation and Alternative Dispute Resolution: We encourage exploring options like mediation and collaborative divorce, which can facilitate mutually beneficial agreements outside the courtroom. Our family law attorneys will skillfully guide you through these processes, representing your interests and helping you secure a smoother negotiation experience.
  • Post-Divorce Modifications: Life can bring unexpected changes even after the divorce is finalized. Circumstances may arise that require modifications to parental responsibilities, visitation, or support arrangements. Our attorneys are here to assist you in addressing these changes promptly and effectively, safeguarding your rights and the interests of your children.

Final Thoughts

Infidelity is a complex issue that can have devastating consequences on a marriage. When divorce becomes inevitable, hiring a divorce lawyer can provide the legal experience and support needed to navigate the process and protect one’s rights and interests.

At Masters Law Group, you can rest assured knowing you are consulting with trusted and experienced legal professionals. Our family law attorneys can help protect your rights and interests during this challenging time. With a focus on helping clients residing in the Cook, Will, Lake, and Dupage counties, our practice is committed to providing a comprehensive suite of services to support parents, children, and families during challenging periods like divorce.

If you’re ready to begin your journey toward a peaceful divorce, contact us today to schedule your complimentary consultation.

Divorce Mediation vs. Litigation

Divorce mediation or litigation? When couples decide to end their marriage, they often choose between the two. While both approaches have their merits, it’s crucial to understand the differences and consider your options carefully. 

Divorce is a challenging and emotional process, no matter where you are at in life. Masters Law Group, located in Oak Brook, Illinois, with offices in downtown Chicago, is a law firm committed to helping couples navigate these difficult decisions and offers a comprehensive approach to divorce resolution. Here’s what you need to know.

Understanding Divorce Mediation

Mediation is an alternative dispute resolution process where an impartial or neutral mediator helps guide you and your spouse in settlement efforts. Unlike judges, a mediator cannot decide for you or your spouse. Their job is to keep you and your spouse focused on your needs and interests instead of faults and rights.

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

Benefits of Divorce Mediation include:

  1. Faster Resolution: Mediation often leads to a quicker resolution than a court-based divorce. Mediation sessions can be scheduled at the convenience of the parties involved, and they can work at their own pace, leading to a faster outcome.
  2. Greater Control: In mediation, the divorcing couple retains control over the outcome and decisions made. They actively participate in crafting agreements that best suit their unique needs and circumstances, rather than having a judge impose decisions on them.
  3. Less Emotional Stress: Mediation tends to be less adversarial and confrontational compared to litigation. It provides a more supportive and less combative environment, which can reduce the emotional stress and conflict associated with divorce.
  4. Confidentiality: Mediation is a private process, and discussions that occur during mediation are generally confidential. This allows both parties to speak openly and honestly without fear of their statements being used against them in court.
  5. Preservation of Relationships: For divorcing couples who will continue to co-parent or have ongoing relationships, mediation can help maintain a more amicable and cooperative atmosphere, which can be beneficial for both parties and any children involved.
  6. Customized Solutions: Mediation allows for creative and customized solutions that take into account the specific needs and concerns of the divorcing couple and their children. This flexibility can result in more tailored agreements than what a court might provide.
  7. Reduced Court Involvement: Since many issues are resolved through mediation, there may be fewer court appearances and less time spent navigating the legal system, reducing the overall burden on both parties.
  8. Improved Communication Skills: Mediation often helps couples improve their communication skills and learn effective ways to resolve conflicts, which can be valuable skills for future interactions and co-parenting.
  9. Reduced Post-Divorce Disputes: Because mediated agreements are typically reached through mutual understanding and cooperation, there may be fewer post-divorce disputes and a higher likelihood of compliance with the agreed-upon terms.

Divorce Mediation Drawbacks

While mediation offers numerous benefits, it’s important to acknowledge the potential drawbacks. These drawbacks come into play when the parties involved are unwilling to engage in constructive negotiation. Successful mediation hinges on the commitment of all parties to resolve. Issues that remain unresolved can lead to additional expenses and extended negotiation timelines.

In addition to understanding the advantages and disadvantages of mediation, it’s valuable to discern when mediation is the most appropriate choice for your unique situation. Some cases that are particularly well-suited for mediation include:

  1. Partnership disagreements
  2. Contract issues
  3. Will contests
  4. Employment issues
  5. Divorce
  6. Allocation of Parental Responsibilities

By recognizing the strengths and limitations of mediation, individuals can make informed decisions regarding their conflict resolution needs.

Understanding Litigation

Divorce litigation is a legal process used to resolve the issues surrounding the dissolution of a marriage when couples cannot reach an agreement on their own. This approach involves taking the divorce case to court, where a judge will make decisions on key matters, including property division, child custody, and spousal support if the spouses cannot agree to negotiation or mediation.

Here’s a breakdown of how divorce litigation typically works:

  • Filing a Petition: The process begins with one spouse filing a divorce petition, formally initiating the divorce proceedings.
  • Legal Representation: Both spouses hire their attorneys to represent their respective interests. These attorneys will provide guidance, negotiate on behalf of their clients, and advocate for their rights during court proceedings.
  • Court Proceedings: Divorce litigation involves court hearings, legal motions, and formal discovery processes where each side gathers evidence and information.
  • Decision by the Judge: Ultimately, a judge will make decisions on the disputed issues, often after a trial. The judge has the final say, and the outcome is out of the hands of the divorcing couple.

Here are some potential benefits of litigation over mediation:

  1. Adjudication by a Judge: In litigation, the divorce case is presented to a judge who makes legally binding decisions on the issues in dispute, such as property division, child custody, and alimony. If you believe that your interests are not being adequately protected in mediation, or if there are serious disagreements that cannot be resolved through negotiation, going to court allows for a neutral third party to make the final decisions.
  2. Legal Protections: Litigation offers a more formalized legal process with established rules and procedures. This can provide legal protections to ensure fairness and adherence to the law. In some cases, individuals may be concerned that mediation could lead to agreements that are not legally sound or enforceable.
  3. Discovery Process: Litigation allows for the use of legal tools such as depositions, subpoenas, and interrogatories to gather evidence and information from the opposing party. This can be crucial in complex cases where there are concerns about hidden assets or uncooperative spouses.
  4. Enforcement of Court Orders: Court-ordered judgments are enforceable by law. If one party fails to comply with the court’s orders, the other party can seek legal remedies through the court system to enforce the judgment.
  5. Binding Decisions: In litigation, the judge’s decisions are binding and final, providing a clear resolution to the divorce case. This can reduce the potential for ongoing disputes or disagreements after the divorce is finalized.
  6. Protection in High-Conflict Situations: In cases of high conflict, where emotions run extremely high or there are concerns about safety and abuse, litigation may provide a more structured and protective environment. Court orders can include provisions for restraining orders, protective orders, and supervised visitation to ensure the safety of all parties involved.
  7. Clear Legal Precedent: Litigation can establish legal precedent in certain cases, which can be important for clarifying legal issues and setting standards for future cases. This can be particularly relevant in cases involving complex legal questions.

It’s important to note that litigation can also be more time-consuming, emotionally draining, and potentially more expensive than mediation.

Litigation Drawbacks

While divorce litigation can resolve challenging cases, it also comes with certain drawbacks that individuals should be aware of when considering this route. It’s important to know that this option can become a long endeavor, characterized by multiple court appearances, filing legal motions, and extensive documentation. 

In litigation, the ultimate determinations rest with the judge, reducing the divorcing couple’s control over the outcome. Furthermore, court proceedings are generally open to the public, potentially exposing sensitive personal information to scrutiny. While it is a necessary option in some cases, it’s worth exploring alternative methods of conflict resolution to determine what best suits your specific circumstances and priorities. Working with an experienced divorce attorney can help you navigate this complex terrain.

Masters Law Group: Your Oak Brook Divorce Law and Mediation Professionals

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 team of experienced divorce and mediation attorneys is fully prepared to advocate for you and your family. Here’s how our attorneys can help you:

  • Experienced Mediators: The firm’s mediators have extensive experience in family law and are skilled in facilitating productive discussions between divorcing spouses.
  • Experienced Litigators: A skilled litigator has the experience to present your case effectively before the judge. They meticulously prepare legal arguments, gather evidence, and strategically plan to secure your most favorable outcome.
  • Conflict Resolution: They are professionals in conflict resolution, focusing on finding peaceful solutions for both parties and their children.
  • Protecting Your Interests: Masters Law Group attorneys work to protect your legal rights and best interest for you and your children.

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), a testament to their unwavering work ethic, strong character, and experience in family law. Our track record of success reassures you have a trustworthy ally throughout your divorce proceedings.

Final Thoughts

Divorce is a difficult journey, but in Oak Brook, and across Illinois, couples have access to professional help to make the process smoother and more manageable for everyone involved.

When choosing between divorce mediation and litigation, the decision should be based on your unique circumstances. Masters Law Group offers guidance and a compassionate approach to divorce and mediation, helping you find the best path forward for you and your family. Whether mediation or litigation, the goal is to achieve a resolution allowing everyone to move forward.

Contact us today to set up your complimentary consultation.