Tag Archive for: Divorce law Illinois

Meet Erin E. Masters: Partner / Family Law Mediator

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

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

Chicago Divorce Attorney

Introducing Erin E. Masters of Masters Law Group

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

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

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

A Deep Commitment to Family Law

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

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

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

Approved Mediator & Child Representative

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

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

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

Recognized Excellence and Advocacy

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

Best Chicago Divorce Attorney 2024

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

Approach to Client Care

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

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

Testimonials

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

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

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

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

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

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

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

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

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

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

Balancing Work and Life

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

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

Looking Ahead: Erin’s Vision for Family Law

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

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

Connect with Erin E. Masters

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

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

 

     

Navigating Gray Divorce on Senior Citizens Day

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

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

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

Understanding Gray Divorce

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

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

Key Considerations in Gray Divorce

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

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

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

Legal Aspects to Consider

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

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

Legal Support in Gray Divorce

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

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

Final Thoughts

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

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

Contact us today to schedule your complimentary consultation.

Exploring Alternative Dispute Resolution Methods (ADR)

When it comes to managing divorce disputes, the preference for avoiding prolonged courtroom battles is understandably on the rise. This shift has prompted numerous individuals to seek Alternative Dispute Resolution (ADR) methods.

A recent study found that 93 percent of divorcing parents have tried an alternative dispute resolution method—often more than once. Interestingly, slightly more than half of all respondents utilized mediation, making it the most popular ADR method.

In this blog, we will dive into various alternative dispute resolution methods and discuss how a DuPage divorce attorney can assist you in achieving a peaceful resolution. Here’s everything you need to know.

WHAT IS ALTERNATIVE DISPUTE RESOLUTION?

Alternative Dispute Resolution (ADR) for divorce refers to methods and processes designed to resolve disputes between divorcing parties outside of traditional courtroom litigation. These methods aim to facilitate agreements more cooperatively and efficiently than adversarial court proceedings. Through those methods, parties will be able to resolve issues including, but not limited to:

As divorce proceedings can be emotionally challenging and financially draining, ADR offers significant advantages. It allows couples to navigate their differences with less hostility and more control over the outcome. Let’s take a look at the different types of ADR methods available.

TYPES OF ALTERNATIVE DISPUTE RESOLUTION METHODS

The main types of alternative dispute resolution available in Illinois divorces are mediation, arbitration, collaborative law, and a pre-trial settlement conference. Many individuals turn to Alternative Dispute Resolution methods when navigating divorce as preferred alternatives to traditional courtroom litigation. In litigation, the ultimate determinations rest with the judge, reducing the divorcing couple’s control over the outcome. While litigation is a necessary option in some cases, it’s worth exploring alternative resolution methods to determine what best suits your needs. Here’s a look at what each ADR method looks like and how it can help you:

  1. Mediation: This resolution involves a neutral third-party mediator facilitating discussions between the divorcing parties to help them reach a mutually acceptable agreement. The mediator does not make decisions but assists in clarifying issues and guiding negotiations.
  2. Arbitration: Arbitration is a process where an arbitrator or panel reviews the facts and arguments of a dispute and makes a binding decision. It aims to resolve issues more easily, quickly, and cheaply than court litigation. While less formal than a trial, arbitration still follows certain procedures, and the decision is usually binding with limited rights to appeal. Illinois follows the Uniform Arbitration Act, found at 710 ILCS 5/1 et seq.
  3. Collaborative Divorce: Collaborative divorce involves representing each party by an attorney trained in collaborative law. The parties and their attorneys work together in structured meetings to negotiate a settlement without going to court. If negotiations fail, the attorneys withdraw, and the parties may proceed to litigation.
  4. Pre-trial Settlement Conference: A pre-trial settlement conference is a method used by judges to encourage settling lawsuits before trial. Parties and their attorneys meet with a judge, who acts as a neutral third party to help them understand the strengths and weaknesses of their cases, aiming for a mutually acceptable settlement.

BENEFITS OF ALTERNATIVE DISPUTE RESOLUTION METHODS

Alternative Dispute Resolution (ADR) methods offer several benefits that make them increasingly attractive for resolving divorce disputes: 

  1. Efficiency and Speed: ADR mediation and arbitration yield quicker results than litigation. This efficiency is particularly advantageous in divorce cases where the emotional strain can escalate with prolonged legal battles.
  2. Cost-Effectiveness: ADR methods can reduce legal fees by avoiding extended court hearings and trials. This financial relief is often crucial for divorcing couples aiming to preserve assets and resources for post-divorce disputes.
  3. Control and Flexibility: Unlike courtroom proceedings, where a judge determines outcomes, ADR allows parties to actively participate in crafting their solutions. This empowerment fosters greater control and satisfaction with the final resolution.
  4. Confidentiality: ADR processes typically maintain a higher level of confidentiality than public court records, offering privacy to sensitive personal and financial matters discussed during divorce negotiations.

By familiarizing yourself with various ADR methods, divorcing couples in DuPage County can achieve peaceful resolutions, prioritizing mutual understanding and respect. Working alongside an experienced divorce attorney can help you navigate this complex terrain.

WORKING WITH A DUPAGE DIVORCE ATTORNEY

When seeking a divorce attorney in DuPage, Illinois, reliability is essential. It is vital to evaluate how effectively they communicate with you to establish a positive relationship. A strong rapport is crucial because divorce cases can take several months to settle. At Masters Law Group, our team of attorneys is here to provide the support you need. Our team of experienced divorce attorneys share a deep knowledge of ADR methods and are fully prepared to advocate for you and your family. Here’s how our attorneys can help you:

  1. Knowledgeable Guidance: An experienced divorce attorney with a background in ADR methods can provide valuable guidance throughout the process, helping clients understand their legal rights and obligations while navigating negotiations.
  2. Negotiation Skills: Divorce attorneys with a background in ADR techniques possess strong negotiation skills essential for achieving favorable outcomes. They can help advocate effectively on your behalf.
  3. Customized Strategies: Every divorce case is unique and requires personalized strategies to address specific needs and concerns. A DuPage divorce attorney can help tailor ADR approaches that align with individual circumstances, promoting solutions prioritizing mutual agreement and cooperation.
  4. Post-Divorce Support: Besides facilitating settlement agreements, divorce attorneys in DuPage County offer post-divorce support. This helps ensure that agreed-upon terms are upheld and addresses any unforeseen issues.

FINAL THOUGHTS

Embracing alternative dispute resolution methods can significantly streamline the divorce process and lay the groundwork for positive future relationships. When selecting an ADR method, it’s essential to consider your unique circumstances and goals. While divorce can be a challenging journey, residents of DuPage County and surrounding areas have access to professional support to navigate this process with greater ease and effectiveness.

At Masters Law Group, our DuPage divorce attorneys offer helpful guidance and a compassionate approach to divorce. Our goal is to assist you in finding the best path forward for you and your family. Whether through mediation, litigation, or collaborative divorce, we aim to achieve a resolution that enables everyone to move forward constructively.

Contact us today to schedule your complimentary consultation and begin resolving your divorce with confidence.

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

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

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

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

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

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

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

1. PRIORITIZE OPEN AND HONEST COMMUNICATION

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

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

2. REIGNITING THE SPARK TO SAVE YOUR MARRIAGE

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

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

3. ADDRESS AND RESOLVE CONFLICTS CONSTRUCTIVELY

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

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

4. BUILD A STRONG SUPPORT SYSTEM

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

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

WHEN TO SEEK PROFESSIONAL HELP

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

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

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

FINAL THOUGHTS

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

Contact us today to set up your complimentary consultation.

Tips For Celebrating Father’s Day Amidst Divorce

Father’s Day holds special significance as a time to honor and celebrate the father figures in our lives. Yet, for dads navigating divorce, finding the balance of co-parenting and managing new parenting schedules can feel overwhelming.

The number of children living solely with their fathers has increased over the past few decades. In 1968, only 0.8 million children lived with their fathers. That number has grown to 3.3 million today, reflecting a shift toward fathers taking on roles traditionally reserved for mothers. While divorce and separation have become more common over time, it also provides hope that affected individuals still thrive despite its challenges.

In this blog, we’ll explore strategies for navigating Father’s Day, with tips for supporting your children, focusing on what you can control, and how a family law attorney can provide assistance. Here’s what you need to know.

PLAN FATHER’S DAY ACTIVITIES IN ADVANCE

Planning is one of the most crucial steps to a smooth Father’s Day celebration amidst divorce. Last-minute arrangements can lead to stress and misunderstandings. Here are some key considerations to help you effectively plan for Father’s Day:

  • Make a plan in advance: Discuss and agree on the Father’s Day schedule well in advance. This helps avoid last-minute conflicts and helps ensure both parents are on the same page regarding visitation arrangements. Planning early also allows for adjustments if needed, giving everyone extra time to prepare and make necessary arrangements.
  • Involve the Children: Consider your children’s wishes and feelings when planning for Father’s Day. Ask them how they would like to celebrate and try incorporating their ideas into the plan. Involving them in your plan helps their voices be heard, making them feel included in the celebration. Whether it’s a special outing, a homemade gift, or simply spending quality time together, involving the children in planning can make the day more meaningful for everyone.
  • Be Flexible: While planning is important, it’s also essential to remain flexible. Unexpected events or changes in circumstances may require adjustments to the original plan. Being open to flexibility and willing to accommodate each other’s needs can help prevent conflicts and provide a more enjoyable Father’s Day for all involved.

By proactively planning and considering the preferences of all parties involved, you can help ensure that Father’s Day is a positive and memorable experience amidst divorce.

CREATE NEW FATHER’S DAY TRADITIONS

Starting new traditions with your children for Father’s Day offers an opportunity to infuse the occasion with fresh meaning and excitement. It’s a chance to help create unique experiences and strengthen your bond as a family. Whether navigating Father’s Day in between a divorce or simply seeking to revitalize the celebration, establishing new traditions can be fun and rewarding. 

  • Consider Everyone’s Interests: Choose activities that cater to your interests as a father and your children’s preferences. Whether it’s a nature hike, a cooking session, or a fun craft project, find activities everyone can participate in and enjoy.
  • Make it Meaningful: Infuse your new traditions with meaning and significance. Consider incorporating elements that reflect your family values or create opportunities for bonding and quality time together.
  • Document the Memories: Capture the moments and memories created during your new traditions. Take photos, write in a journal, or create a scrapbook to preserve these special moments for years to come.

These new traditions can become cherished rituals that you and your children look forward to each year, strengthening your connection and creating lasting bonds of love and joy.

FOCUS ON WHAT YOU CAN CONTROL 

If you’re navigating Father’s Day amidst a divorce, it’s important to focus on what you can control and let go of what you cannot. While you may not be able to control your ex-partner’s actions or attitudes, you can control your response and behavior. 

  • Practice Self-Care: Take care of yourself emotionally and physically before Father’s Day. Engage in activities that bring you joy and relaxation, whether spending time with friends, practicing mindfulness, or pursuing a hobby.
  • Stay Present: Instead of dwelling on the past or worrying about the future, focus on being present and enjoying your time with your children.
  • Seek Support: If you feel overwhelmed or emotional, lean on friends or family. Surround yourself with positive influences who can offer encouragement and perspective.

A family law attorney can offer guidance and legal advice to help you develop a plan that provides clarity and structure throughout the planning process. With a clear plan, you can aim for special celebrations filled with warmth and understanding.

ABIDE BY YOUR PARENTING PLAN 

A parenting plan can help alleviate potential conflicts, including those surrounding occasions like Father’s Day. It provides a comprehensive framework for both parents to follow, reducing ambiguity and promoting smoother communication and cooperation. 

Once you receive a parenting plan after divorce, it’s not open for negotiation. Short of approval for an order modification, both parents are expected to follow their parenting plan as it’s written.

Essential components to have in your plan include:

  • Residence arrangements for the child.
  • Allocation of parenting time for each parent.
  • Protocols for sharing information and records concerning the child.
  • Transportation arrangements for parenting time.

Both parents must sign the plan indicating they agree on all the document terms when filing one plan. If parents do not agree, they must file separate plans. The court will look at each detail of both plans to determine what’s in the best interest of the child or children. Seeking a divorce attorney’s assistance can help facilitate productive discussions and formalize any changes to the parenting plan.

ALLOCATION OF PARENTAL RESPONSIBILITIES

If you have followed the tips above and are having trouble reaching an agreement, an Allocation of Parental Responsibilities can help. Understanding the allocation of parental responsibilities is crucial for fostering a cooperative co-parenting relationship. In Illinois, there are three primary types of child allocation of parental responsibilities:

  • Joint allocation of parental responsibilities requires parents to collaborate on decision-making regarding their child’s education, healthcare, religious instruction, and other essential matters. The parents will agree, or the court will assign a residential parent. The non-residential parent will provide child support and have designated parenting time, as determined by a parenting time agreement or court order.
  • Sole allocation of parental responsibilities refers to an arrangement where one parent assumes full responsibility for making decisions concerning the child’s well-being. However, it doesn’t imply that the other parent is wholly excluded from the child’s life.
  • Shared allocation of parental responsibilities is a variation of joint allocation. It is suitable when the child spends equal time with both parents. The parents live in the same school district and can co-parent effectively. 

For fathers facing challenges in navigating parental responsibilities, seeking help from a family law attorney can be valuable. An attorney can provide legal advice and help establish a parenting arrangement that serves the child’s best interests while addressing both parents’ needs and concerns.

WORKING WITH MASTERS LAW GROUP

Celebrating Father’s Day amidst a divorce requires careful planning and focusing on the children’s well-being. Remember, the goal is to honor the father’s role in your children’s lives while fostering a cooperative co-parenting relationship.

At Masters Law Group, our goal is to help clients assert their rights to help protect the best interests of their children. Partner Anthony G. Joseph brings valuable insights to our firm as both a father and an experienced practitioner in divorce cases. He is also an approved Guardian Ad Litem and Child Representative listed for the Domestic Relations Division of the Circuit Court of Cook County.

With a strong focus on assisting clients in Chicago and Chicago’s Western Suburbs (Elmhurst, Hinsdale, DuPage, Oakbrook), we offer various services to help parents, children, and families through difficult times like divorce and allocation of parental responsibilities. If you face challenges navigating Father’s Day amidst a divorce and want to know your rights, don’t hesitate to reach out. 

Contact us today to set up your complimentary consultation.

Divorce vs. Mediation – Which Path is Right for You?

When deciding how to handle a divorce, it’s important to consider the benefits of traditional divorce versus mediation. Each approach has its benefits and drawbacks, so understanding the differences is key to making the right choice for you and your family. 

Divorce can be emotionally challenging no matter where you are in life. Masters Law Group, based in DuPage County, Illinois, with offices in downtown Chicago, is committed to helping couples navigate these tough decisions and offers a comprehensive approach to divorce resolution. Here’s what you need to know.

Understanding Divorce

Divorce involves each party retaining their attorney to represent their interests in court. This process can be adversarial, with a judge often making negotiations and decisions if the parties cannot agree. There are three major types of divorce: contested, uncontested, and civil union. 

Contested divorce occurs when there are contentions between spouses and requires numerous steps. An uncontested divorce occurs when there is agreement on all aspects of the divorce. Civil union divorce follows similar divorce processes, but the couple leaves the state where they were granted civil union. Let’s take a look at some pros and cons of divorce.

Divorce Litigation Pros:

  1. Legal Advocacy: Each spouse has dedicated legal representation to navigate the complexities of divorce laws and procedures.
  2. Court Intervention: A judge can resolve disputes when the couple cannot reach agreements on their own.
  3. Protection in High-Conflict Situations: In high-conflict cases, where emotions run extremely high or concerns about safety and abuse arise, litigation may provide a more structured and protective environment. Court orders can include provisions for restraining orders, protective orders, and supervised visitation to help ensure the safety of all parties involved.

Divorce Litigation Cons:

  1. Longer Resolution Process: Laws vary by state, and the process begins with how long one has lived in the state before filing for a divorce. The process can vary depending on the type of divorce. Contested divorces usually take over a year to finalize—although divorces can be completed in as little as three months.
  2. Impact on Children: The contentious nature of traditional divorce can have a negative impact on the children involved, potentially leading to increased stress and emotional difficulties.
  3. Lengthy Resolution of Disputes: Divorce can take longer to resolve disputes over issues like property division or allocation of parental responsibilities, further prolonging the overall process.

Understanding Divorce Mediation

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

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

Divorce Mediation Pros:

  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. Reduced Conflict: Mediation often helps couples improve their communication skills and learn effective ways to resolve conflicts, which can lead to the resolution of family disputes.
  3. Reduced Post-Divorce Disputes: Because mediated agreements are 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 Cons:

  1. Voluntary Participation: Both parties must be willing to engage in meaningful negotiations for mediation to be successful.
  2. Potential Inequity: Without legal representation, one spouse may feel disadvantaged in negotiating legal and financial matters.
  3. Not Suitable for All Cases: Mediation may not be appropriate for high-conflict divorces or situations involving domestic abuse or significant power imbalances.

How a DuPage Divorce Attorney Can Help

Whether you choose traditional divorce or mediation, consulting with a skilled DuPage divorce attorney is crucial to protect your rights and interests. Masters Law Group’s divorce and mediation attorneys are fully prepared to advocate for you and your family. Here’s how our attorneys can help you:

  • Experienced Mediators: Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. The firm’s mediation counselors have extensive experience in family law and are skilled in facilitating productive discussions between divorcing spouses.
  • Experienced Litigators: 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 help 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 the best interests of you and your children.

Our senior attorneys, Erin E. Masters and Anthony G. Joseph, are highly esteemed professionals recognized by prestigious publications, including Best Lawyers, Super Lawyers, and Leading Lawyers. This highly esteemed recognition provides you with trustworthy guidance during your divorce process.

Moving Forward With Confidence

Divorce is a difficult journey, but couples in DuPage County and across Illinois can access professional help to make the process smoother for everyone involved. Masters Law Group offers guidance on divorce and mediation, helping you find the best path forward for you and your family. We aim to help you achieve a resolution, allowing everyone to move onwards with peace of mind.

Contact us today to set up your complimentary consultation.

Divorce and Sexual Assault

April is Sexual Assault Awareness Month, shedding light on a sensitive topic often surrounded by silence and stigma. Within the broader context of family law, divorce can intersect with issues of family violence and sexual assault, requiring delicate legal handling. 

Nationwide, 81% of women and 43% of men reported experiencing some form of sexual harassment and assault in their lifetime. The effects of sexual assault and harassment can cause physical harm and emotional wounds that are endured for years.

In such instances, seeking assistance from a family law attorney can prove crucial for navigating the complexities of divorce and obtaining necessary protection orders. In today’s blog, we will explore the significance of legal support in these situations and how it can empower individuals to protect themselves and their families. Here’s what you need to know.

THE ROLE OF SEXUAL ASSAULT AWARENESS MONTH

Sexual Assault Awareness Month serves the critical purposes of shedding light on the severity of domestic violence, debunking myths, and dispelling stereotypes. Through education about the signs and impacts of abuse, individuals gain the tools to recognize and address it effectively. This month reinforces the message that survivors have support and resources.

Moreover, Sexual Assault Awareness Month underscores the importance of prevention through community engagement and educational initiatives. It encourages discussions about healthy relationships, consent, and bystander intervention. Let’s learn more about domestic violence and how it can be prevented.

WHAT IS DOMESTIC VIOLENCE?

Domestic violence/domestic abuse is typically manifested as a pattern of abusive behavior toward an intimate partner in a dating or family relationship, where the abuser exerts power and control over the victim. Domestic abuse can be mental, physical, economic or sexual in nature.

Regrettably, domestic violence transcends boundaries and can affect individuals of any gender, race, or socioeconomic status. Its wide-ranging repercussions impact not only the immediate victims but also the children who witness such abuse.

The Illinois Domestic Violence Act (IDVA) identifies several forms of abuse, including:

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

The warning signs of abuse may not manifest immediately and can evolve as the relationship progresses. However, it’s important to recognize that each relationship is unique, and domestic violence can manifest in various forms. One common trait among abusive relationships is the abuser’s attempt to establish power and control through various methods at different stages. Fortunately, there are strategies available to help protect you from this abuse.

ORDERS OF PROTECTION: A VITAL LIFELINE

Divorce proceedings can intensify tensions within a relationship, potentially worsening existing instances of family violence or leading to new forms of abuse. Additionally, survivors may disclose incidents of sexual assault during this tumultuous period. It’s crucial to recognize that survivors of sexual assault may face heightened vulnerability during divorce proceedings, often encountering threats, coercion, or manipulation from their abuser.

Fortunately, Orders of Protection (restraining orders) serve as a legal mechanism to shield survivors of family violence and sexual assault from further harm. These court orders can establish boundaries, prohibit contact, and provide security for individuals and their children. Survivors need to know that they do not have to face this process alone. Getting an order of protection requires a comprehensive understanding of legal procedures, evidence requirements, and advocacy skills.

A family law attorney can help provide legal resources and support services to assist in navigating an order of protection. By seeking the assistance of a compassionate and dedicated legal team, survivors can take crucial steps towards reclaiming their autonomy and finding security and peace of mind.

IF CHILDREN ARE INVOLVED

Unlike allegations of domestic violence, accusations of sexual abuse, particularly child molestation, are typically not made lightly. Such accusations are infrequent and receive intense scrutiny. The courts typically respond by appointing a Guardian ad Litem to investigate, with an expectation that the accusing parent has made every effort to investigate, document, and halt the sexual misconduct as soon as suspicion arose.

If accusations of sexual abuse, especially concerning children, arise within your marriage, immediate arrangements for a medical examination of the victim or alleged victim, even if that victim is yourself, are imperative. Subsequently, contacting an attorney should be a priority. Taking swift action can be pivotal in establishing the truth in court.

THE ROLE OF A FAMILY LAW ATTORNEY

In the face of such challenges, the guidance of a knowledgeable family law attorney can be valuable. Family law attorneys have experience in navigating the complexities of divorce cases involving family violence and sexual assault. At Masters Law Group, we aim to protect you and your children’s best interests. Here are some of the areas that we can help you navigate: 

  • Parenting Time: If you have children, work closely with your attorney to determine the best parenting time plan. This helps to ensure that the agreed-upon arrangements prioritize your children’s well-being and best interests.
  • Mediation: Explore options such as mediation or collaborative divorce to help you and your ex-spouse reach mutually beneficial agreements outside of court. Your family law attorney can help guide you through these processes and represent your best interests during negotiations.
  • Post-divorce disputes: After the divorce is finalized, circumstances may require modifications to allocating parental responsibilities, visitation, or support arrangements. Stay in touch with your attorney to address any changes or issues that may arise in the future.
  • Orders of Protection: In cases where an order of protection is granted, attorneys monitor compliance and take swift action against any violations. This proactive approach reinforces the efficacy of legal measures and prioritizes the safety of survivors and their families.

In addition to representing clients, Senior Partner Erin E. Masters is also a court-appointed Child Representative and has experience advocating for children in these high-conflict matters.  Furthermore, Senior Partner Anthony G. 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.

Remember, during this challenging period, Masters Law Group is here to support you and your legal rights. Working with our trusted attorneys can help alleviate the stress associated with domestic disputes, helping ensure a smoother transition for both you and your children.

COMMUNITY RESOURCES

In Chicago, there is a wide range of community resources available to support survivors of sexual assault. The Domestic Violence Legal Clinic provides legal assistance and advocacy services, helping ensure survivors can access legal remedies. The Chicago Metropolitan Battered Women’s Network serves as a comprehensive resource hub, connecting survivors to various shelters, counseling, and legal aid services throughout the city.

Hospitals like the YWCA Metropolitan Chicago also provide comprehensive medical care and forensic exams for survivors seeking immediate assistance. These community resources play a vital role in supporting survivors to help them heal and seek justice in the aftermath of sexual assault.

LAST THOUGHTS

As we observe Sexual Assault Awareness Month, it’s crucial to recognize the intersection of divorce, family violence, and sexual abuse. Shedding light on these issues can empower survivors to take proactive steps toward safety and justice. 

At Masters Law Group, our skilled family law attorneys are here to help navigate the complexities of divorce while prioritizing the well-being of survivors and their families. Let us strive to create a society where survivors are heard, supported, and empowered,

Contact us here today.

DuPage Divorce Lawyer

DuPage County boasts a supportive environment for businesses, a haven for families, and a hub for innovation. However, behind the suburban facade, troubled marriages and divorces persist. 

Despite the idyllic setting, many families face divorce’s emotional and legal challenges. If you’re navigating the complexities of divorce in DuPage County, Masters Law Group is here to help and support you through this difficult process.

Understanding Divorce

Divorce is a legal process that dissolves a marriage, ending the legal relationship between spouses. It involves various emotional, financial, and practical considerations. Understanding divorce requires acknowledging its complexities and potential impacts on individuals and families. 

What leads to divorce? The reasons can be numerous. A range of factors, such as lack of communication, infidelity, constant conflict, and other situations, can heighten the risk of divorce. Financially, divorce often involves dividing assets and liabilities accumulated during the marriage, determining spousal support, and addressing child support and custody issues. 

Divorce can have long-term effects on children, family dynamics, and social relationships. Therefore, seeking support from friends, family, and family law attorneys can be crucial in navigating the complexities of divorce and moving forward with clarity and resilience.

Navigating Divorce in DuPage

While Illinois divorce rates are depleting, in DuPage County, the divorce rate trend is less consistent:

  • 2012: 2,308
  • 2013: 2,233
  • 2014: 2,301
  • 2015: 2355
  • 2016: 2210
  • 2017: 2285

(*Note: DuPage County is currently only documented up to 2017)

In DuPage and throughout  Illinois, divorce operates under a no-fault system, necessitating only the presence of irreconcilable differences for legal separation. This means divorcing couples don’t need to assign blame to dissolve their marriage. According to the Illinois Department of Public Health, the highest divorce rates in Illinois are in the following five counties:

  • Cook County
  • DuPage County 
  • Lake County 
  • Will County
  • Kane County

Navigating a divorce in DuPage County demands careful selection of legal representation. When seeking a divorce lawyer, reliability is paramount. Effective communication and a strong rapport are essential, given the protracted nature of divorce proceedings. While experience in family law, particularly divorce law, is crucial, finding an attorney you trust and respect is equally important.

Starting the Divorce Process

In DuPage County, Illinois, initiating the divorce process typically begins with filing a petition for dissolution of marriage at the Circuit Court Clerk’s office. This petition outlines the grounds for divorce. The petition can include irreconcilable differences or fault-based reasons such as infidelity.

Along with the petition, the filer must also serve the other party, the respondent, with a copy of the documents. Once served, the respondent has the opportunity to respond to the petition. If both parties agree on property division, child custody, and support, they may proceed with an uncontested divorce, often resulting in a faster and less costly process. 

However, if there are disputes, the case may proceed to court, where a judge will decide on contested matters. It’s advisable for individuals navigating divorce in DuPage County to seek legal counsel to help protect their rights throughout the process.

Alternative Divorce Methods

Alternative divorce methods offer couples varying pathways to dissolve their marriage with differing levels of complexity and contention. In cases where the dissolution is relatively straightforward, joint and simplified divorce procedures provide expedited routes, requiring mutual agreement on key issues and minimal conflicts. 

Uncontested divorces follow a standard procedure but involve spouses who are largely in accord regarding the terms, reducing the time and resources needed compared to contested divorces. Beyond these options, couples may explore alternatives such as legal separation. 

  • Legal separation offers an alternative to divorce, addressing concerns of couples who wish to live separately without permanently ending their marriage.
  • Civil unions, recognized in DuPage and across Illinois, undergo a dissolution process similar to that of marriage, necessitating legal guidance to navigate.

These alternative methods offer flexibility and choice to couples seeking to end their union in a manner that best suits their circumstances and preferences.

Working With Masters Law Group

Divorce is a complex and emotionally charged journey that often requires the guidance of seasoned family law professionals. At Masters Law Group, our family law attorneys are here to provide valuable assistance, helping to ensure that your rights and the best interests of your children remain at the forefront of every decision. Here are some 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, helping protect your rights and the interests of your children.

By working with a DuPage divorce attorney, you can confidently navigate the complexities of divorce and reduce stress. Your rights and the well-being of your family are our top priorities.

Last Thoughts

The complexities of divorce, especially concerning children and/or substantial assets, necessitate legal assistance. Masters Law Group is ready to advocate for you throughout your divorce process.

If you have questions about divorce in DuPage County, an experienced DuPage divorce lawyer can assist you. Our firm has years of experience providing counsel to the community of DuPage County, and we are here to answer any of your questions about divorce or other family law matters. 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.

DuPage Divorce Lawyer

With nearly a million residents, DuPage is Illinois’ second-most populous county. With a higher population, DuPage also has the second-highest divorce rate in the state. If you need a divorce lawyer in DuPage County, see how Masters Law Group can help. 

Located just west of Chicago, DuPage County provides a supportive ecosystem for businesses, a launchpad for innovators, a strategic location for critical logistics operations, and a healthy home for families. But living in a picturesque suburban town doesn’t equal happy families for all. As with anywhere in the world, troubled marriages and divorce persist.

What factors lead to divorce?

In Illinois and around the country, married couples seek divorce for many reasons. This study found that the following factors may increase a couple’s risk of divorce.

  • A lack of communication
  • Infidelity
  • Conflict and arguing
  • Marrying too young
  • Financial issues
  • Substance abuse
  • Domestic violence
  • Health issues
  • Lack of family support
  • Religious differences
  • Lack of premarital education

The state of Illinois is considered a no-fault divorce state. The only grounds required to seek a divorce are irreconcilable differences, meaning that divorcing spouses do not need to prove fault to be granted a divorce in Illinois.

NAVIGATING DIVORCE IN DuPage

One of the most important decisions you’ll make during the divorce process is choosing the right lawyer.

When seeking a divorce lawyer in DuPage County, reliability is essential. It is vital to evaluate how effectively they communicate with you to establish a positive relationship. A strong rapport is crucial because divorce cases can take several months to settle. While the DuPage-based lawyer’s goal should not be excelling in personability and charm, (it should be excelling in family law, especially divorce law), it is important that you trust and respect their professional advice and want to work with them.

Throughout the process, you may have multiple questions, concerns, or disputes, and you require someone who can ease your worries. Voted Best Lawyers 2023 and Best Law Firms 2023, Masters Law Group, we begin by understanding your goals for the divorce and how you wish to feel once the process is complete. We discuss your objectives in detail to provide exceptional legal representation. Additionally, we offer complimentary consultations to help you evaluate if we are the right fit for your needs.

GETTING STARTED

Aside from contacting your Illinois-based family law attorney, as soon as one or both parties decide that divorce is absolutely the only answer, the first step is filing the paperwork with your local court clerk. The forms you complete may vary from county to county, so it is important that you do some research based on DuPage County divorces. Wherever you live, however, you will need to file what is called a “petition for dissolution of marriage.” The forms are a bit different if you have children. For example, you will need to file a joint parenting agreement, uniform order of support, and visitation forms if you have children. You can also find other required forms on the Illinois court website.

Although the law specifically prohibits judges from analyzing fault when dividing property in a divorce, judges may evaluate whether or not one spouse dissipated marital assets during the marriage.

DuPage CONTESTED DIVORCES

A contested divorce happens when both spouses want a divorce but can’t agree on some of the terms of the divorce, like custody and spousal support. It can also occur if the spouse does not respond to the divorce petition.

In contested divorces, the judge may order you to go through additional steps like divorce mediation in DuPage. The mediation can result in an agreed settlement between the parties.

If mediation doesn’t work, your case will go to trial, and the judge will make the final determination on specific issues you and your spouse couldn’t agree on.

ALTERNATIVE PROCEDURES in DuPage County

If you and your spouse don’t have any children, have little money, and agree on everything, Illinois courts may allow you to have what is called a joint and simplified divorce.

You and your spouse can file a Joint Petition for Simplified Dissolution of Marriage if:

  • no spousal support (alimony) will be paid
  • no-fault grounds are used
  • there are no children and the wife is not pregnant
  • you have not been married more than 8 years
  • neither of you have any real property
  • the total equity in your marital property is less than $10,000
  • the combined annual income of you and your spouse is less than $35,000
  • neither of you earn more than $20,000 annually
  • you both disclosed your assets and tax returns for the years you were married, and
  • you and your spouse have a written agreement dividing all of your property in excess of $100 in value, and allocating who will be responsible for each debt owed.

If you don’t meet the requirements for the Simplified procedure, but you and your spouse are in agreement on all matters, you may still file an uncontested divorce using the standard procedure.

DuPage LEGAL SEPARATION

DuPage County (and across Illinois) is one of the areas that recognize legal separation. Legal separation does not permanently end the marriage. However, a judge must approve the separation agreement, which defines the spouses’ legal rights and obligations.

For individuals with religious concerns or insurance issues who may be discouraged from seeking a formal divorce, a legal separation could be the preferred course of action.  With a legal separation, many of the same issues determined in a divorce can be adjudicated, but without the finality of a legal divorce being granted.

This is a good option if you don’t want a divorce but want to live separately and want legal clarification on matters concerning child custody, child support, child custody, and property division.

DuPage CIVIL UNION DIVORCE

Civil unions allow two adults, of either the same or opposite sex, to enter into a legally recognized relationship. Several unique issues can arise during the process of establishing or dissolving a civil union, so it is vital to have a knowledgeable DuPage Divorce lawyer to guide you through every step.

Dissolving a civil union is nearly the same as dissolving a marriage. Any couple who wishes to dissolve a civil union will be able to do so in the State of Illinois. To receive a certified copy of a Dissolution of Civil Union records, an interested couple will need to go to the county circuit court clerk where the civil union was granted.

GETTING THE HELP YOU NEED WITH MASTERS LAW GROUP

Even a no-fault divorce is a complicated legal process, particularly when children or high assets are involved.

Whether you are facing a contested divorce, uncontested divorce, or a civil union divorce, the experienced DuPage attorneys at Masters Law Group are ready to skillfully advocate for your position and provide your voice when you need it most.

If you are seeking answers to questions regarding divorce, separation, child support and other matters in DuPage County, contact Chicagoland’s premier family law group here today to schedule a consultation.