Tag Archive for: Illinois Divorce

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

 

DuPage divorce attorney

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.

DuPage Divorce Lawyer

Associate Family Law Attorney: SARAH BIANCHI

Sarah, a distinguished alumna of Loyola University Chicago School of Law, joins Masters Law Group carrying a commendable academic and professional background. Graduating with a Juris Doctor, Cum Laude, and a notable GPA of 3.69, Sarah has proven her academic prowess through multiple honors, including being a consistent Dean’s List awardee and earning prestigious scholarships for her dedication to public interest law.

Read their full bios here.

Who Gets the Pets in an Illinois Divorce?

Divorce is a complex and emotional time.  While much attention goes to child custody determinations in Illinois divorce cases, one contentious subject that many initially overlook is who gets the pets. 

Man’s best friend, furry children, four-legged friends. Our pets play a significant role in our family dynamics. And when the “pack” is disrupted through divorce or separation, many pet parents are left heartbroken and confused as to what happens next.

At Masters Law Group, we understand the significant role that pets play in our lives and the emotional attachment that comes with them. If you are going through a divorce, you may be wondering who gets to keep your cherished pet and whether “pet custody” is a possibility.

Here’s what you need to know.

How Divorce Laws on Pets Are Changing

Previously, family law cases rarely mentioned pets except in domestic violence situations. Over half of the states permit domestic violence restraining orders to include provisions safeguarding pets, mainly due to the fact that abusers often threaten or harm animals as a means of intimidating family members.

Recently, states have recognized that pets possess a special value to families that can’t be measured solely in monetary terms—despite being considered property. It’s because of this that courts have elevated pets to a status someplace between an inanimate object and a person. Illinois is among the states that have taken this concept a step further by mandating judges to consider the well-being of the pet in divorce cases. This is a significant leap, as it comes with the same standard used by judges when deciding child custody.

When is a Pet a Marital Asset in Illinois?

It’s common in divorce to have disputes over pets, such as dogs, and cats, that are considered part of the family.  The Illinois Marriage and Dissolution of Marriage Act provides custody-like provisions regarding the family pet, also known as a ‘companion animal’ upon a divorce. Marital assets are defined as properties acquired during the marriage. Except for the following instances:

  • Who originally purchased or adopted the pet?
  • Who takes care of the pet on a day-to-day basis? 
  • The ability of each spouse to care for the pet. 
  • The emotional attachment of each spouse to the pet.
  • Any agreements made before or during the marriage regarding pet ownership. 

If the court determines that the companion animal is not a marital asset, the owner will receive their non-marital property. If the court determines that the companion animal is a marital asset, then the court will allocate sole or joint ownership and responsibility for the animal. In doing so, the court must consider the well-being of the companion animal.

Fortunately, Illinois law recognizes that pets hold a special place in families and takes their well-being seriously when determining ownership during divorce proceedings.

How Does the Court Consider the “Well-Being” of the Pet?

It’s worth noting that, unlike child custody (now known as Allocation of Parental Responsibilities), pet custody in Illinois is not based on the pet’s “best interests”. If one spouse can demonstrate that they have been mainly responsible for the daily care and well-being of the pet, including feeding, grooming, exercising, and providing medical care, the court is more likely to award ownership to that spouse.

If you want to retain ownership of your pet after a divorce, it’s important to have evidence that shows your involvement in the pet’s life. This can include photographs and receipts for pet-related expenses such as veterinary bills. These documents show the court your commitment to caring for the pet and the bond you share with them.

It’s important to note that courts may consider parental responsibilities and parenting time when determining pet ownership during a divorce. Children oftentimes share a strong bond with family pets, and a spouse can argue that the majority of parenting time could be affected. If spouses can’t agree on pet ownership, they may need to go to court to have a judge make a decision.

Couples can settle disputes about pets through mediation when a divorce case doesn’t go to court. Regardless of the approach chosen, finding a solution that suits one’s specific circumstances is critical.

Final Thoughts

Pets are important in divorce cases because they represent not only a shared asset but also an emotional connection between the spouses. Determining their custody and care can be a complex and emotionally charged aspect of the divorce process. As such, you should ensure you have excellent legal representation to negotiate or prove your right to the ownership of your pet in an Illinois divorce.

If you’re contemplating divorce or separation and have concerns regarding your pet, property division, parental responsibilities, or other family law matters, reach out to the experienced attorneys at Masters Law Group here today.

 

Navigating Parental Responsibilities: A Q&A Guide

No one starts a family of their own thinking it will end in separation. However, parental rights and responsibilities are part of mothers’ and fathers’ role as their children’s caretakers after separation as much as it was prior. If you’ve got questions regarding parental responsibilities in Illinois, here’s what you need to know in 2023. 

Married or not, raising a child is a complex and challenging task, and the responsibility of ensuring a child’s well-being falls on the shoulders of the parents

However, in the event of a separation or divorce, the allocation of parental responsibilities can become a source of confusion and disagreement. This blog is an essential resource for parents going through separation or divorce in Illinois. Below, we will cover common questions about parental responsibilities and allocation during these events.

Here’s what you need to know.

Q: What is considerd “parental responsibility?”

A:Parental responsibility is a set of rights and duties that a parent or a legal guardian has towards their children. Usually, parental responsibility includes both ‘parenting time’ and ‘decision making’.

Q: What is Allocation of Parental Responsibilities?

A: There are three basic types of child allocation of parental responsibilities in Illinois — joint allocation of parental responsibilities, sole allocation of parental responsibilities and shared allocation of parental responsibilities:

Joint allocation of parental responsibilities requires parents to cooperate in decision-making regarding education, health care and religious instruction. It does not mean that the children live with each parent for an equal amount of time. The parties will agree or the court will assign a residential parent. The non-residential parent will pay child support and exercise parenting time. The amount of time the children spends with the non-residential parent is addressed in a parenting time agreement or order.

Sole allocation of parental responsibilities is the term that describes the arrangement that gives one parent the responsibility for deciding everything related to the child’s welfare. It does not mean that the other parent is out of the picture. Parenting Time and parenting time can be the same in a sole allocation of parental responsibilities case as it is in a joint allocation of parental responsibilities case.

Shared allocation of parental responsibilities is a form of joint allocation of parental responsibilities. It is appropriate when the child spends equal time with each parent, the parents reside in the same school district and are able to joint parent.

Q: What is the process for allocating parental responsibilities in Illinois?

A: The process for allocating parental responsibilities in Illinois begins with the filing of a petition for allocation of parental responsibilities by one of the parents. The court will then conduct a hearing to gather information. From here, they will make a decision based on the best interests of the child. Both parents will have the opportunity to present evidence and testify. The court may also appoint an attorney for the child or a guardian ad litem to represent the child’s interests.

Q: What are the factors considered by the court in Illinois when allocating parental responsibilities?

A: In Illinois, the court will consider a number of factors when allocating parental responsibilities, including the child’s needs, the relationship between the child and each parent, and each parent’s ability to provide for the child’s needs. The court will also consider the following:

  • History of abuse or neglect
  • The child’s own wishes, if they are old enough to express them.

Q: What is the difference between legal custody and physical custody in Illinois?

A: In Illinois, legal custody refers to the right to make decisions about the child’s upbringing, such as decisions about education and healthcare. Whereas physical custody is based on where the child lives and who is responsible for the child’s day-to-day care. 

In many cases, the court will award joint legal custody to both parents. Meaning both parents have equal rights and responsibilities when it comes to making decisions about the child. Physical custody can be awarded either on a joint or sole basis. The court will rule in the best interests of the child.

Q: Can a parent’s allocation of parental responsibilities be modified after the initial court order in Illinois?

A: Yes, a parent’s allocation of parental responsibilities can be modified after the initial court order in Illinois if there has been a significant change in circumstances. This could include the following:

  • A change in the child’s needs.
  • A change in one parent’s living situation or ability to care for the child.
  • A change in the child’s relationship with one of the parents. 

Q: What happens if one parent is deemed unfit to have parental responsibilities?

A: If a parent is deemed unfit to have parental responsibilities, the court may award sole custody to the other parent or to a third party, such as a grandparent. This may be the case if a parent has a history of abuse, neglect, or substance abuse, or if they are unable to provide for the child’s needs. The parent’s rights and responsibilities may be limited, but they may still have the right to visit the child.

Q: Are grandparents’ rights taken into consideration in Illinois when allocating parental responsibilities?

A: Yes, grandparents in Illinois can petition for certain rights, such as visitation rights, if they have an existing relationship with the child and the court finds that it’s in the child’s best interests.

Next Steps To Consider

Protect your children’s interests during a separation or divorce by taking these steps:

  1. Establish legal custody: Legal custody determines who has the authority to make decisions about the child’s welfare, including education, healthcare, and religion. This can be joint or sole custody. In Illinois, child custody is called parental responsibilities.
  2. Create a parenting plan: A parenting plan outlines how the child will be cared for and how much time they will spend with each parent. This should include details such as a schedule for visits, transportation arrangements, and communication protocols.
  3. Communicate with your ex-partner: It is important to maintain open lines of communication with your ex-partner. Especially when it comes to the well-being of your child.
  4. Prioritize your child’s needs: The child’s best interests should always be the top priority. Put aside personal differences and work together to provide a stable and nurturing environment for the child.
  5. Seek legal advice if needed: If you have any legal questions or concerns, it is best to seek the advice of an experienced family law attorney.

Final Thoughts

The allocation of parental responsibilities during a divorce or separation can be a difficult and emotional process.  Working with a professional family law firm like Masters Law Group can provide a great help in navigating this often emotionally-charged process. 

We are dedicated to protecting your rights, and more importantly, the rights of your child/children. Our Senior Attorneys Erin E. Masters and Anthony G. Joseph have extensive experience working with cases involving children in family law conflicts. Ms. Masters is a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Further, Mr. Joseph is also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County.

If you’re facing a family law issue, don’t hesitate to contact Masters Law Group for the professional assistance you need here today.

Divorce Disputes: Know Your Rights

Divorce can be an extremely emotional time. On top of this, couples need to decide how to split their assets, including money, the marital home and the custody of the children.

The divorce process is stressful and can easily bring out the worst in people. Although divorce can get you out of an unhappy marriage, it can also leave you high and dry if you don’t know your rights.

Emotional vs Financial Decisions

Divorce professionals will tell you that it’s best to approach your settlement discussions as a business discussion; but how do you take your emotions out of your divorce negotiations?

Fear, anger, sadness, loss. While you should let yourself feel all of these emotions and seek out the support you need to get through the hurt, when it comes to the divorce process itself, controlling your emotions is key to getting the outcome that you are looking for.

Reasons why these discussions need to be more about business than emotions include:

  • The legal system is not set up to resolve disagreements based on moral arguments, but bound by statutes and case law and these likely will not provide resolution for the wrongs you’ve experienced.
  • Decisions based on emotions are not the best long term or even short term decisions. For example a fight over a home you can’t afford to upkeep will only harm your financial future.
  • You could easily end up regretting your emotional decisions further down the line. For example you realize something you are fighting for is harming the welfare of the children.

Letting go of those feelings during the divorce process not only helps keep the focus on protecting your legal rights, but it also gets rid of those old hopes and dreams so you can start building new ones for the future.

If your marriage has any complicated issues to settle (see below), a family law attorney can be an invaluable resource.

Spousal Support/Alimony

While divorce may end a marriage, it doesn’t necessarily end the obligations of one spouse to another. Oftentimes, one spouse is able to receive spousal support, or alimony, to help them establish a new, post-divorce life.

The court will award financial assistance based on factors such as the duration of the marriage, each person’s earning capacity, contributions to the household and physical health of the recipient.

There are five different types of alimony that may be awarded:

  • Rehabilitative Alimony: Granted for a specified time period. It provides the recipient with the funds to obtain the job skills and education needed for him or her to become self-sufficient.
  • Lump-Sum Alimony: A one-time, fixed payment and is often granted in lieu of a property settlement. The amount awarded is equal to the total of future monthly payments.
  • Permanent Alimony: Which continues until the recipient remarries or either payor or payee dies. The payments may be adjusted due to changes in financial circumstances.
  • Reimbursement Alimony: The dutiful spouse who works full time to put her partner through school and is divorced shortly after is a candidate for reimbursement alimony. As the name implies, this support reimburses one spouse for expenses incurred in helping the other complete an education or training program.
  • Temporary Alimony: Temporary alimony is sometimes paid when a couple separates but the divorce is not final. The parties execute a written marital separation agreement stipulating how much and when payment will be made.

Property Disputes

When the court grants a divorce, property will be divided equitably (not always equally) between the two spouses. This is decided under the Equitable Distribution Law. During the divorce both spouses have to tell the court about their income and any debts they owe. There are two different types of property for the purposes of a divorce. Property that the couple bought during the marriage is called “marital property”. Property that belonged to you before the marriage or was a gift to just you from someone other than your spouse is called “separate property”. Marital property can be divided between the two spouses. Rather than using an automatic 50/50 split, an Illinois judge will consider all relevant factors in deciding what kind of property division is fair.

There’s no hard and fast rule for who gets the house in an Illinois divorce. In cases where a couple can’t afford to keep the marital home, a judge will order the house to be listed and sold as soon as possible so that the couple could divide the proceeds.

Child Custody

Probably the most contentious and emotionally difficult aspect of a divorce is deciding on custody of the children.

In an Illinois divorce or custody case, either parent may request custody, or both parents may agree to joint custody.

You may also ask the court to determine custody in other situations, including:

  • If you are not married to the other parent but need to determine custody of a child.
  • If you want to be the legal guardian of a child.
  • If you need to determine who the parent of your child is.

Parents may share legal custody, or legal custody may be vested in one parent (i.e. sole legal custody). While it is possible to share residential custody, such arrangements are oftentimes impractical or would impose too much stress on their children.

Child custody cases are intensely fact specific, and it is important to speak to an experienced family law attorney before letting emotions or fear dictate your decisions should you be faced with a custody battle.

Alternative Dispute Resolution (ADR) and Divorce

Despite what you hear and see on television, most legal disputes never make it to court and are usually resolved by a settlement outside of court proceedings.

Resolving divorce issues listed above can happen without lengthy and expensive litigation. More couples are now going with alternative dispute resolution (ADR) to end their marriages. The popularity of mediation has shifted the role of divorce attorneys from representing their clients in a legal battle to acting as divorce mediation lawyers to help clients achieve mediation success. In this new role attorneys can serve as a lawyer coaches, legal consultants, and legal advisers in the divorce mediation process.

ADR may prove to be a beneficial tool in resolving your divorce and related issues, depending on factors such as the degree to which you and your spouse are in dispute on key issues, and your willingness to work together to resolve those issues.

Get the help you need

Unfortunately, while it is always possible to represent yourself in a divorce case, it may not always be advisable.

Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. As such, we move through settlement negotiations, mediation or litigation with our clients assurance and well-being in mind.

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

Divorce cases involving substantial assets or complex estates require specialized knowledge. Masters Law Group is skilled at identifying and valuing assets and wealth, including real estate, securities, business interests, retirement funds, pension plans, tax shelters (domestic and foreign), overseas accounts, stock options, trusts and other actual or potential sources of wealth.

Schedule a Consultation today to learn more about how we can assist as your Divorce Mediators and Attorneys.