Tag Archive for: divorce mediator

Divorce Planning: Finding Freedom in 2022

Celebrating the holidays with family and friends is one of the most anticipated times of the year. But for parents considering divorce, the holidays are not always a happy time. Now is a good time to figure out how to manage your expectations of divorce in 2022.

They say, “It’s the most wonderful time of the year!” But is it, when considering a divorce? No matter how long you and your spouse have been together, a divorce can be draining—both emotionally and financially. It can be difficult if you’re unprepared or disorganized. With the new year around the corner, now may be the best time to prepare yourself for your next steps to finding freedom in 2022.

To make the transition as smooth as possible, the family law attorneys at Masters Law Group have put together divorce planning tips for 2022 to help you navigate through the process. Here’s what you should know.

Discuss the Divorce 

If you haven’t talked with your spouse about a divorce yet, decide when, where, and how to approach the subject. Try to pick a date that doesn’t coincide with a major event, which is why many individuals put off the process until the new year. Then, choose a time that will give both of you a chance to talk, think, reflect, and rest before work or other obligations arise. If possible, plan to have the conversation in a neutral place—out of the home and away from domestic triggers and distractions. Keep it simple, try to remain calm, and avoid saying more than you need to. 

Any divorce can get messy and complicated. It’s important to have a support system in place when you’re going through a hard time. A group of trusted friends and family members who will be there to listen and lend a hand will be especially important throughout this tough time. It’s also a good idea to meet with a therapist, especially if you’re coping with any trauma, such as domestic or substance abuse. 

Navigate Separation Details

Some couples live together until the divorce is final, but usually, one spouse or the other moves out before that time. Decide where you, your partner, and your children will live. Keep in mind that maintaining two separate homes will be expensive. Both you and your soon-to-be-ex should aim to spend no more than 25% of your respective take-home pay on rent or mortgage costs. Be sure to create a realistic budget that reflects the new living arrangements and ensures both households are safe. 

Compile Your Legal Documents

Part of divorcing is figuring out who gets what. A good place to start is to make a list and keep proper documentation of personal items that belong only to you, such as jewelry, family heirlooms, or photos and papers that have special meaning to you. If necessary, give these items to a trusted family member or friend for safekeeping. 

It’s essential to have your financial paperwork organized and in one place, such as a file or binder. Start by collecting and making copies of your legal documents, including:

  • Marriage documents: Agreements and marriage license
  • Tax returns: Federal and state tax returns for the past five years
  • Real estate: Deeds, appraisals, cost basis of home, mortgages, rental property records
  • Business documents: Receipts, tax returns, payroll information, and any registrations, patents, or trademarks
  • End-of-life plans: Will, power of attorney, advance healthcare directive

If you have trouble finding any documents (or your spouse is making it difficult), your attorney can help. 

Hire a Divorce Attorney

How well you are able to navigate through your divorce may rest in large part on your ability to produce documents and evidence that can support your claims for alimony, child support, a division of assets and other important issues. Even if your divorce is amicable, it’s best to hire an experienced attorney who will help you understand your rights and responsibilities—and ensure you follow the appropriate steps. That way, you can make educated decisions about you and your loved ones’ future. 

Making sure you are treated fairly is vital to give you the best chance of moving forward in the best possible way after your divorce is finalized. To find a reputable lawyer, seek out recommendations from family and friends or research several family law attorneys in your area. Either way, be sure to interview a few candidates to find the one with whom you will be most comfortable.

Final Thoughts

January is often dubbed “divorce month” because many people say, “Let’s make this the last good holiday for the kids and our families” or “Let’s wait until after the New Year when the kids go back to school.” No matter what the reason though, divorce is never easy. There is no “good” time for a divorce – period. Coming to terms with your divorce and divorce planning does not have to be hard.

At Masters Law Group, our award-winning attorneys are here to guide you through your divorce every step of the way and help you untangle the process. When you need the assistance of an experienced divorce attorney in the greater Chicagoland Area, call Masters Law Group. We are dedicated to providing our clients with exceptional service and support throughout the divorce process. 

Contact our office today to schedule your complimentary consultation.

Planning for a Gray Divorce in Illinois

Gray divorce refers to the increasing divorce rate for older couples in long-term marriages. If you’re facing a divorce later in life, here’s what you should know. 

Divorce can be difficult and emotionally draining, especially after long-term marriage. Gray Divorce is often referred to as “diamond divorce,” a phrase which has been coined for the increasing number of late-in-life divorces.

The overall U.S. divorce rate is dropping but the number of divorces after age 50 is surging. The reason is a generational divide: Americans in their 20s, 30s and 40s are delaying and, in some cases, skipping marriage. Those who do get hitched are likelier to stay together. Meanwhile, baby boomers — who caused the divorce rate to surge starting in the 1970s — are continuing to divorce at higher rates as they age.

If you’re thinking about, or going through a divorce later in life, here’s what you need to know.

What is Gray Divorce? 

As mentioned above, gray divorce refers to a demographic trend that has witnessed an increase in the split or separation of older couples who have been married for a long time. The term began to be used in the United States in 2004, but the practice had already been prevalent for about 20 years. You need to know that the consequences of getting divorced after 50 can be incredibly impactful, both financially and emotionally, to older people and their families.

Splitting up after age 50 may be particularly hazardous to your emotional and financial health, far worse than doing so at younger ages. A wave of new research is quantifying the damage.

“It’s a grim picture,” said Susan Brown, a Bowling Green State University sociology professor and co-director of the National Center for Family & Marriage Research, which has generated many of the new findings. According to one study, people who’ve gone through a gray divorce report higher levels of depression than those whose spouses died.

The need for retirement benefits becomes more critical when you divorce later in life because people have less time to “make up” any losses they may face pursuant to a divorce. Understanding what benefits are available, and how they can be distributed, is paramount as you plan for a separate future. 

Reasons For Gray Divorce

Divorce is one of the most challenging parts of anyone’s life, but sometimes it is inevitable. Asides from generational differences, there have been a couple recurring themes linked to it.

Financial Issues: One of the most popular reasons is financial problems. Financial problems are problematic during any part of a marriage. When one partner has trouble keeping to a budget, especially if the other is a primary breadwinner, the outcome isn’t always favorable. One example of this is when one spouse makes an investment decision that goes sideways or loses money from a couple’s nest egg. On the other hand, if one of the partners earns all of the money in the household and; therefore, makes all of the decisions involving money, problems may arise. 

Empty Nest Syndrome: Empty Nest Syndrome is also another popular reason why people look to get divorced later in life. When you’re in the prime of your life, you may have two or three kids that consume your time. Pets, family activities, charitable efforts and layers upon layers also keep you happy and active. In many cases, as children grow up and leave home, you spend more and more time at home. This leaves you with time to reflect on you and your partner not being who you were before. 

Infidelity: Cheating on a spouse is another major reason for gray divorce. Infidelity does not carry the same stigma it did in earlier times, and this has led many married couples to stray. Combined with online dating sites encouraging infidelity, many are tempted by the lure of temporary, often younger sexual partners.

Growing Apart: Couples in gray divorce may have realized later in their lives that they lost the spark they had when they first married. Considering that the stigma around divorce is diminishing, they decide that divorce would be the best course of action.

Legal Considerations of a Gray Divorce

While the process of divorce is no different to those of younger divorcees, there are some special considerations unique to divorcing later in life.

Step one is identifying which assets are part of your marital estate and which assets are pre-marital possessions. This would be somewhat simple if you had only married your spouse two or three years ago, but after several decades of being together, memories of who owned what tend to blur together. Also, pre-marital assets can get mixed into marital assets, such as if your husband/wife used money in his/her pre-marriage savings account to buy your house after you were married.

The division of property can be complex. Assets to discuss with your family law attorney include:

  • Health/Life Insurance Policies
  • Property/Marital Home
  • Social Security Benefits
  • Investments
  • Retirement Benefits

Among the most important considerations is how best to ensure a good income stream and access to funds when needed. If older couples have been married for a significant period of time, spousal support may be more likely to be ordered. Additionally, this more often takes the form of permanent alimony. Lastly, postnuptial agreements (post divorce disputes) are signed after the date of marriage instead of before, and can address these issues such as debt, inheritances, and any other property the couple owns — such as a house — in the event of a separation.

Final Thoughts

Once you begin the stages of coming to terms and finalizing a gray divorce, it’s important to surround yourself with loved ones. Reconnect with old friends and family members that you have grown apart from over the years. Life gets in the way between being married and raising a family, focusing on your career and being involved in your community. It is time to reshuffle your priorities and place your needs first.

Divorce cases involving older individuals and 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.

If you’re looking for attorneys who are highly experienced Gray Divorce in Illinois, Masters Law group has a unique depth of knowledge, experience and talent in the Family Law and Gray Divorce field.

Contact us today to schedule a consultation.

 

5 Tips to Survive the Holidays Co-Parenting

Co-parenting over the holidays. These four words can bring either a sense of joy or dread this season, or even both. But with the right planning in place, you can experience a harmonious Hanukkah, cohesive Christmas and no-drama New Year. 

The holidays can be a magical time for everyone. Children have breaks from schools; families and friends gather for meals and multi-day celebrations; and emotions run hot. While the season brings joy and laughter for some, they can also be hard to manage – especially when co-parenting.  Yes co-parenting has its challenges on a good day, but throw in the holidays and it takes on a whole new level.

To make sure your holidays remain special for you and your children, it’s important to have a plan. Here are 5 tips to help you survive the holidays and set your loved ones up for a season of success.

  • Create a Parenting Plan

Since you and your spouse went through the formal divorce process, you likely have a parenting plan in place that also includes how the holidays are meant to be shared. If you feel that you need to make new arrangements this year and it is not your first time co-parenting during the holidays, do not save this for the last minute. A parenting plan is a legally-binding agreement and should be respectfully treated as such.

If you don’t have a parenting plan you may want to consider getting one. You can develop one informally if you are communicating well or you can have your attorney or mediator help create one for you. It’s a good idea for a parenting plan to have a system in place for how disputes should be handled if the situation arises, and a way in which parents can periodically review and make necessary changes to the plan. 

The plan may also include other provisions or information intended to help both parents understand and abide by the shared responsibilities in raising the child or children. Once you have it in place and on autopilot, you won’t have to stress over everything. Try one if you don’t already have one. It can make your life a lot easier.

  • Allow Flexibility

You’ve gone through a lot this year; trying to process divorce, finalize child support and navigate the co-parenting world – just to name a few. Add coronavirus to the mix, and you have yourself the perfect ending to a horrible year. COVID-19 has arisen many grey areas for families across the world, including parenting time schedules. Use your parenting plan as a tool to keep things focused, but while compromising might not be easy, it is an effective way to make things easier for your children, assuming they are only minor adjustments. For example, help yourself by giving your ex some wiggle room on logistics. A great rule of thumb is to plan at least 15 minutes of flex time around any child exchange. Depending on your location and the weather gets worse, you will need more flex time.

Consider having a civil conversation about what you both have in mind for the holidays and how time with the children can be shared with each of you and extended family members. Don’t wait until the last minute to begin the conversation. “The sooner the better” is in order to iron out any initial disagreements that could occur. 

Try to cooperate with each other during this emotionally-charged season and do what is needed for both you and your ex so that you can both spend happy, quality time with your children.

  • Stability is Key

Once you have made some logistical decisions, present a united front in telling the children together (if possible) what the plans are going to be. Make them feel that everything is worked out and it’s going to be a good holiday season because mom and dad have figured it out.

This will provide stability and comfort to your children. It will ease their anxiety and their concerns about mom and dad getting along during the holidays. Children think about holidays and how mom and dad are going to feel if they are alone. Give them peace of mind that everything will be okay even though you are no longer together.

  • Tolerate Difficult Circumstances (New Partners)

Divorce can be a painful and draining process. Be kind to yourself while going through your divorce. Many medical and mental health professionals recommend treating divorce like grief. There is happiness on the other side of all the legal and emotional issues, and the chances of your children feeling that pain are highly likely. If you or your ex are in the process of separating, try to not make small matters an issue. 

While the holidays can be a delicate time to test your tolerance, by doing so, you’ll look back without regret at handling these emotional issues maturely. Try to have an open discussion with each other about the role of a new significant other and how that will play in the lives of your children. Introducing a new partner is a big and important decision. Incorporating new partners into the family structure is delicate, especially during the holidays. With the help of an experienced family law attorney, you can receive sound advice on how to speak with your children so everyone involved is comfortable.

It’s important to remember to stay calm, the chances of your child remembering you losing your temper are high in the event that someone interferes with your plan. When something goes wrong, you can absolutely feel angry. The suggestion here is to try to have some patience, and focus on your child’s priorities.

  • Show Yourself Some Love

The holidays can be hard even for those who are not recently divorced, so do not begrudge yourself some self-care. There is a chance that you will spend some time alone this holiday season, and with Covid-19 variants looming, you could end up alone more than you expected.

Try to make some plans for yourself that do not involve the kids, even if it is just to sit at home on your own, binge-watching TV shows with your favorite takeaway meal. A little time to yourself can do wonders for your mood and help you get through the holidays with a little less stress. As much as you might want to make the holidays perfect for your kids, you cannot forget yourself. The happier you are, the smoother the holiday season will be them, too.

Last Thoughts

The holidays are meant to be a special time for everyone involved. And remember, having patience while trying to execute the holiday co-parenting plan is crucial to maintaining everyone’s enjoyment of the holidays. 

We hope with the help of these tips mentioned above, it can make way for you to navigate through your holidays in a seamless, appropriate and enjoyable manner. 

For more information on Divorce, Parenting Time, Allocation of Parental Responsibilities, Child Support and more, visit our website to talk to our experienced attorneys. With their in-depth knowledge and experience in Family Law, we’re sure to help you get through the holiday season together.

 

Welcome to Our NEW Home!

Masters Law Group opens its doors at a new downtown office space. 

Masters Law Group welcomes you to their new Chicago office located in the heart of downtown Chicago: 30 North Lasalle Street, Suite 2250, Chicago IL 60602.

Senior partners Erin E. Masters and Anthony G. Joseph have taken another step in their commitment to their clients.

“Moving into a brand-new office space is an exciting occasion for all the team at Masters Law Group, and our growth will allow us to help more clients facing family law and divorce issues. The expansion represents our various successes, especially the development of thriving practice areas such as high-stake Hague Convention, International Child Abduction cases and divorce mediation cases,” says Ms. Masters, “We’re also expanding our team of first-class attorneys and support staff, and created an environment to represent our firm.”

Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system. Furthermore, Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. 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.

“We are quickly moving to meet the shifted expectations for office environments and we’re incredibly proud to welcome clients to the new and improved space.” says Mr. Joseph. He continues, “We’re excited to stay on a course that our clients can trust, while remaining focused on delivering solutions for families navigating a consistently challenging legal environment.”

Masters Law Group handles family law matters in Cook County and surrounding counties. The firm concentrates in areas of domestic relations, which includes divorce, allocation of parental responsibilities, child support and related family matters.

Ms. Masters concludes, “We invite you to schedule a consultation to speak with us about your case and look forward to inviting you to our new office location.”

Contact Masters Law Group here today. 

How to Request a Modification of Child Support in Illinois

Divorces and separations can be emotionally overwhelming. Especially when a child is involved. In Illinois, it is always possible to ask the court to change a custody order, but getting a judge to agree to make a change isn’t always a straightforward process.

There are several ways that a child custody arrangement (also known as Parenting Time) can come about in Illinois. The parents of a child can develop their own agreement and then have it approved by a court. Or, the court can order custody based on the state’s laws.

Either way, there could come a time when one or both parents wish to change the arrangement in place. Here’s a look at what constitutes a “substantial change in circumstances” that would allow an agreement to be modified.

Modifications to Child Support Orders

In Illinois, a temporary child support order that has been entered while a child support proceeding is pending may be modified any time before the entry of a final judgment. Child support that has been established by a final judgment may be modified at any time from the entry of the order until the termination of the obligor parent’s obligation to pay child support under the order.  

Although child support may be modified at any time, a “substantial change in circumstances” must be demonstrated in order for the child support obligation to be modified. If you file a petition to modify a child support order based on “substantial change in circumstances” the child support obligation in question can be modified retroactively to the filing date of the petition, but can not have an earlier effective date.

Illinois child support obligations can only be modified by filing a petition for increase or decrease in child support with the court that has jurisdiction over your case.  The petition should state the basis for the request for modification explaining the change in child support obligation that you are requesting from the court.

Because you are seeking modification of an existing order, you do not need to serve the petition by the sheriff.  You can serve notice of the petition by mail at the responding party’s last known address. Note: if the petition seeks other action by the court other than the modification of child support, such as a change in the allocation of parental time and responsibility, the petition must be served by certified mail 30 days prior to the date of the hearing.

If you are seeking child support modification after a final judgment has been entered in your case, the notice must be delivered to the responding party, as opposed to his or her attorney, because the attorney’s representation is deemed to have ended at the entry of the final order.  

You should note that you cannot use self help to modify child support in Illinois.  If the other party fails to comply with visitation rights, you are not entitled to suspend your child support payments without obtaining an order from the court. 

Child Support Payments & Appeals

If you are appealing the final order in your child support case, you are still required to pay child support according to the terms of that order while the appeal is pending. However, you can request the court that entered the order to modify your child support obligations during the appeal process based on a showing of “substantial change in circumstances.

Reasons for Modification of Child Support in Illinois

The court has discretion to modify child support obligations based on either a substantial change of circumstances, upon a showing that the modification is necessary to provide for the healthcare needs of the child, or upon a showing of a substantial deviation between the child support obligation and the guidelines set forth by the Illinois Marriage and Dissolution of Marriage Act (“the IMDMA”). 

Child support modifications can be modified without a showing of a substantial change in circumstances if the petitioner can show that the obligor’s child support obligations differ from the guidelines set forth in the IMDMA by more than 20%, but no less than $10.00 per month, unless the court that entered the existing order intentionally deviated from the amounts shown in the guidelines.  

However, this option is only available to individuals who are receiving child support enforcement services from the Illinois Department of Health and Human Services and whose child support order was entered more than 36 months prior to seeking modification.

Those who may request a review include: 

  • Non-Custodial Parent: the parent who does not live with the child(ren),
  • Custodial Parent/Caretaker: the parent/caretaker who lives with the child(ren),
  • Healthcare and Family Services, or
  • Another state’s child support agency.

Final Thoughts

It’s important to remember that all existing orders will remain in effect until a court or an administrative agency modifies the order. Your support order may be modified (increased or decreased) based on the income of the non-custodial parent and state law. Hiring an attorney highly experienced in family law will help you understand your legal options and create a plan for what comes next. 

Masters Law Group LLC focuses on helping clients assert their rights to further the best interests of their children. We help clients put aside their grief and educate them about their options in Child Support modifications and  Allocation of Parental Responsibilities. If you need to request modification of parenting time in Illinois, contact us here today to schedule a consultation.

 

How to Find the Right Divorce Mediator in Illinois

Choosing a divorce mediator will be one of the most important decisions you reach during your divorce. When looking for a divorce mediation service, be sure to know what qualities to look for, key questions to ask, and how to begin your search.

Going through a divorce can be a stressful experience in someone’s life. Determining who gets what after the marriage ends is often a complicated undertaking. Decisions made through litigation involve the court system and can be time-consuming and costly.

However, there is an alternative resolution method available for divorce that is known as mediation. Mediation is generally less expensive, less stressful, and less time-consuming than going to court and having a long, drawn-out trial. Want to minimize the stress involved by choosing a good divorce mediator? Here’s a couple tips in finding the right divorce mediator.

What is Mediation?

Mediation is a method of alternative dispute resolution (ADR) available to people who are in the middle of the divorce process. Mediation is essentially a negotiation facilitated by a neutral third party. Unlike arbitration, mediation doesn’t involve decision making by the neutral third party. ADR procedures can be initiated by the parties or may be compelled by legislation, the courts, or contractual terms.

The main goal of mediation is to use collaborative methods when determining who gets what after a divorce. If a couple can reach a mutual agreement, it is submitted to the court for approval. Some of the main issues that a mediator can assist you with include:

  • Child custody
  • Parenting time and visitation
  • Property/asset division
  • Alimony
  • Child support

Finding the Right Mediator

Once you and your spouse come to the consensus that mediation is your best option, you then choose a mediator you trust to guide you through the proceedings. This is the most important step in the process, since mediation is an unregulated profession in the United States, and not all divorce mediators are the same.

Below are a few steps you can take when choosing a mediator to help you navigate your divorce:

  • Compile a list of names of potential mediators. 
  • Evaluate materials/information on possible mediators. 
  • Interview the mediation candidates. 
  • Evaluate their credentials and make a decision.

Word-of-mouth referrals from friends or relatives who have used a mediator before can assist you in selecting the right one for you. In addition, there are national mediator membership organizations that maintain lists of practitioners and offer referral services. In the end, it is important to use a mediator with whom you feel comfortable in order to achieve a positive outcome. Overall, mediation allows you to create solutions that work best for you and your children. 

Final Thoughts

A divorce does not mean a couple has to go to court to reach a settlement. Mediation is an alternate option that allows spouses to come to an agreement through compromising with the help of a neutral third party and subject matter experts. If you’re looking for a mediator, Masters Law Group is here to help.

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

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

 

Got Half? Property Division in Illinois

Marital property is any property or money that either spouse got during the marriage. If you cannot come to an agreement, a judge will have to make decisions about dividing your property and debt, and also about spousal support. 

Illinois may boast some of the lowest divorce rates in the nation, but think twice before you dub the state a lover’s paradise. In 2019, there were 1.3 divorces per thousand inhabitants in the state. However, this figure is a decrease from 1990, when the divorce rate was 3.8 divorces per thousand inhabitants.

One of the most controversial parts of the divorce process is often the division of marital property. Divorcing couples have the option of dividing property on their own with the help from a mediator, but couples who can’t reach an agreement will require court intervention. Illinois courts divide marital assets and debts according to “equitable distribution.”

Unlike other states that divide the marital estate exactly in half, Illinois instead considers a variety of factors to determine an asset division arrangement that is fair and reasonable on both ends. Here’s a couple of factors to consider when determining property division in Illinois.

Dividing and Distributing Assets

The first step in dividing property during a divorce is deciding whether property is marital or separate. Marital property includes most assets and debts a couple acquired during marriage. Separate property is if a spouse owned it before getting married or acquired it during marriage as a gift or inheritance. 

There are many factors at hand when you try to split up assets such as, how much each side has contributed (income, debt, as a homemaker etc.), the value of property, property hidden or destroyed in the course of the marriage, the length of a marriage and more:

  • Economic circumstances of each spouse
  • Child upbringing costs
  • Existing court maintenance orders
  • Financial contributions from previous marriages
  • Prenuptial or postnuptial agreements
  • The status of each spouse (i.e. age, health, occupation, employability)
  • Consequences of tax reallocation from a property division

Similar to property, debt is divided in a divorce. “Marital debt” means debts that a couple gets while they are married. Spouses are responsible for each other’s expenses for the family during their marriage. Marital debt can be divided in a divorce case.

One thing to keep in mind is that the court is obligated to ignore marital misconduct when dividing property unless it had an immediate impact on the property or assets of the marriage. The main goal of the property division is to be fair. It won’t always be an even split, it could turn into a 60/40 split or 70/30 as long as the court deems it to be fair.

Once the court has determined what is and isn’t marital and separate property, they will assign a monetary value to each item. Determining an item’s value can help both the couples and the judge determine whether a specific property distribution is fair and equitable. A spouse with more assets and a high earning career can potentially take on most of the debts in a divorce, while the lower-earning spouse could receive a greater share of the assets. An example of this would be if one of the spouses has a high net worth or owns complex assets, the property division process can become especially complicated since they are liquid assets. 

Couples can divide their assets and debts on their own by reaching a divorce settlement agreement. A settlement agreement should resolve all issues in your divorce. A judge will review any proposed settlement agreement and must approve it before your divorce can become final.

Divorce Mediation

As previously mentioned, working together with a mediator to come to an agreement over the dividing of the property will help the divorce move more quickly. This where instead of going to court and leaving the division of your hard-earned property and assets to court, you can opt to settle matters amicably. You can discuss the property division in the presence of a third party – or mediator – who will host the negotiations and help you and your spouse in reaching a fair settlement.

Final Thoughts

Ultimately, trying to determine the division of marital and separate assets can be a lengthy process. One way to speed this process up is to do an audit of all of your household items. Make a detailed list and then go through it line by line with your spouse. If and when couples have trouble communicating, going through a family law attorney may be your best option.

If you are considering filing for divorce, the first step you should take is to contact our Chicago-based law office. When you need the assistance of an experienced family court attorney in the greater Chicagoland Area, we can help. We are dedicated to providing our clients with exceptional service and support, guiding our clients through the entire divorce process.

If you are going through a divorce and want an experienced property division attorney to handle your case, do not hesitate to call. Contact us here today to schedule your complimentary consultation.

Do I Need to Go to Court for an Uncontested Divorce in Illinois?

Couples who have a functional relationship and are able to work together may be able to get an uncontested divorce. If you live in the state of Illinois, here’s what you need to know about whether or not you will need to attend court during this process. 

Going through a divorce is not easy; it can be a very emotional and stressful time for all involved. The prospect of having to attend court for hearings throughout the process can make it even more stressful and nerve-wracking. For most court appearances, both parties appear by the representation of their lawyers – meaning they do not have to be personally present.

What is an Uncontested Divorce?

When one spouse challenges whether the couple should get a divorce or any other reason, you have a divorce dispute. This is referred to as a contested divorce and can take more than 18 months to be resolved. An uncontested divorce (referred to as a “dissolution of marriage” in our state of Illinois) means that both parties agree on all the key terms of the divorce, including:

  • Dividing marital property.
  • Child custody and parenting time schedule.
  • Dividing marital debts.
  • Child support and medical insurance coverage for any minor children.
  • Spousal support (also called “alimony”).
  • Custody of pets.

While two divorces are the same, specific instances may require both spouses to appear at hearings throughout the divorce process. Here’s a look at some examples where both spouses do not have to attend court appearances and instances where both must be present. A lot of times this is determined by whether a divorce is uncontested or contested.

Spousal Attendance in an Uncontested Divorce

As mentioned, an uncontested divorce is when both parties agree on terms of the divorce by a marital settlement agreement. This includes matters such as property being divided up, whether any financial support will be granted to either spouse, and any child custody issues.

For an uncontested divorce to be finalized, the spouse who petitioned for divorce by filing with the county court must appear at the final hearing. The other spouse is not required to attend, as long as he or she has signed all the necessary documents regarding the marital settlement agreement.

The petitioner, or plaintiff, is required to testify as to the identity of both parties, as well as the terms of the settlement. The spouse’s lawyer may ask the spouse questions to acknowledge they fully understand the terms of the settlement. 

Spousal Attendance in a Contested Divorce

Unfortunately, marital settlement agreements aren’t always reached easily. When this matter arises, both spouses would need to be present at pre-trials along with their lawyers. These are usually informal in nature, and require both attorneys to present their client’s side of the argument.

A judge then provides both attorneys with a non-binding opinion on how to proceed, which is then reported back to the spouses. It’s important for both spouses to be present for this because a resolution on an issue could be made. 

If the parties are unable to reach an agreement, a final divorce hearing will be held, where both spouses must be present. A judge will hear all evidence and arguments, and will make a decision on all issues. Both parties must abide by the judge’s final decision.

How Long Does an Uncontested Divorce Take in Illinois?

There is no divorce waiting period for uncontested divorces in Illinois. However, you still must meet Illinois’ residency requirements before you can file for divorce in the state. You or your spouse has to live in Illinois for at least 90 days before filing for divorce.

If you want a fast divorce in Illinois, you’ll need to meet the residency requirements and find a way to settle things with your spouse. Contested divorces can take several months depending on the number of issues in your case and whether your case requires a lengthy trial. (750 Ill. Comp. Stat. § 5/401(a).)

Conclusion

To answer the initial question: you may not have to attend court to get a divorce in Illinois. If you’re the one who petitioned for the divorce, you would have to appear at the final hearing. If the goal is a quick and efficient divorce in which you don’t have to attend court, the best approach is to agree on terms of a marital settlement agreement promptly and before the final hearing. 

At Masters Law Group our attorneys are here to guide you through your divorce every step of the way. When you need the assistance of an experienced family court attorney in the greater Chicagoland Area, call Masters Law Group. We are dedicated to providing our clients with exceptional service and support throughout the divorce process. 

Contact our office today to schedule your complimentary consultation.

Can Social Media Affect My Family Law Case?

Social media is a popular way to keep in touch and communicate with your loved ones, but it has also become an increasingly useful tactic to collect information for family law hearings. Sites like Facebook, Twitter, and Instagram are now being submitted as evidence in family law cases.

When you are going through a divorce, child custody, or placement battle with your ex, what you post on social media networks could come back to haunt you.

While it is not unusual for character witnesses to be called in family law cases, social sites can sometimes be used in a similar manner. Negative comments, images, offensive posts, and hostile interactions can all be submitted as evidence in custody cases. Partners can much more easily keep tabs on one another – and collect evidence against one another – by using social media.

Social Media Evidence in Hearings

Social media is affecting relationships and being used as ammunition in hearings. Lawyers can effectively use or defend against social media evidence in cases. According to the National Law Review, 

  • 81% of attorneys discover social networking evidence worth presenting in court. 
  • 66% of cases involving divorce employ Facebook as one of their principal evidence sources. 
  • 1/3 of all legal action in divorces cases is precipitated by affairs conducted online.

Not all evidence can be used in a divorce case. For example, an opposing attorney cannot open a fake account to “friend” or “connect” with their client’s spouse to obtain evidence.

Generally, public posts that can be inspected by anyone are fair game and can be submitted as evidence in court. If a “friend” or “connection” on a spouse’s social media account shares a post or text and that secondary post is seen by the spouse’s ex, that too, can typically be legally used as evidence in a divorce case.

What’s Fair Game and What’s Not

It is important to note that you should not delete items from your social media for the purpose of “hiding” bad evidence if you have a reason to believe that litigation may be coming. This may be considered spoliation of evidence. 

In most cases, a spouse’s social media posts are admissible as evidence in the U.S. as long as you don’t obtain them illegally. An example of obtaining evidence illegally would be if your estranged husband or wife created a false account with the purpose of “following” you to collect damning evidence. It’s illegal for your ex to hack your accounts to try to gain evidence.

For many, using social media is second nature. However, it is worth discussing your situation with a family law attorney to determine the best way to deal with any social media evidence that may hurt your case.

Social Media Can Affect Parental Responsibilities and Parenting Time

Divorcing parents often have disagreements about child custody and visitation which is officially called the “allocation of parental responsibilities” and “parenting time“ in Illinois. There are several ways that social media posts can influence child custody matters. 

Imagine a scenario in which a husband and wife each want to have the majority of parenting time with the children. If the wife posts pictures of herself going out to bars several nights of the week when she is allegedly caring for the children, this could call into question her desire and ability to take on a large amount of parental responsibility. 

It is important to remember that even if you have your social media account set to private, there are still many ways that your social media activity could be used against you during divorce proceedings. The best way to avoid negative consequences from social media during divorce may be to simply take a break from social media websites until the divorce is finalized.

Final Thoughts

It is important to be very cautious when using social media during divorce or other family law hearings. Masters Law Group takes social media into account when dealing with family law cases. Each case is uniquely different and the attorneys at Masters Law Group have the experience to help you during difficult times. Learn more and set up a consultation with us here today.

5 Signs It’s Time to Consider Divorce

Divorce can be a draining, time consuming process when it comes to legally dissolving one’s marriage with their former spouse. It’s important to recognize warning signs that it may be time to consider the divorce process. In doing so, it will lessen the blow of preparing for this emotional journey.

Signs it’s time to get a divorce can be a confusing, especially when there are children involved. Therefore deciding whether you’re in a failing marriage that’s beyond repair is obviously not a choice that comes easily.

It’s not always as black and white as infidelity or financial problems, and while divorce is no one’s plan in life, these red flags could mean the end of your marriage.

1. Lack of Communication

Communication is a key ingredient to a healthy relationship.  Even when it leads to a disagreement — it is important for spouses to understand how the other is feeling. Some might think that avoidance of conversation to prevent arguments is preferable to fighting with a spouse.

When conversation breaks down completely – and neither of you are willing to put forth the effort to learn about what each other is feeling – is a clear indication that the relationship may no longer be worth the ongoing upset. 

2. Avoiding your Partner

You start to find ways to avoid any interactions with them, and would rather have no contact than negative confrontation. You find yourself wanting to spend more time with friends and family. This can be a sign that things have changed on your end in a big way.

3. Change in Values and Priorities

In good relationships couples value the same things. People can change over periods of time which is completely normal and healthy in a relationship, but what they once used to value no longer matters to them any more.

It could be as small or as big as a partner changing a couple things in their lifestyle which forces a new way of life upon their partner. For example, one partner wants to move somewhere for a job opportunity while the other would rather not. Unless both people can adapt to significant changes like this, it can be a tough one to surpass.

4. Indifference inside and outside the relationship 

If negative thoughts have begun to override the way you see your partner, things may be headed for divorce. Prolonged feelings of indifference toward your spouse is a major sign that something is off within your marriage. When you stop caring about what the other person thinks and feels, you’ve lost the ability to listen and connect—which is not as easy to fix.

5. Lack of Intimacy 

Feeling close to your partner goes far beyond the physicality of the relationship.  The deficiency of emotional intimacy is equally as big of a sign as the more apparent lack of physical intimacy. If you feel like you can’t connect with your spouse on a deeper level—or don’t want to—you’ve lost an important part of the marriage.

It’s always possible to seek out counseling to find out what’s not working. But if you’re past the point of feeling attracted to your partner, divorce may be the next step. 

Final Thoughts

Breaking up a marriage can be one of the hardest things to do — but thinking long term is the best way to go about these types of situations. Divorce can be frightening and overwhelming. But when you break it down into small, manageable steps, like those outlined above, it becomes somewhat “do-able” to leave a relationship that no longer benefits you and your family. 

It could mean setting time aside to sit down and openly talk to your partner about your feelings, going to counseling or maybe even starting the separation process. Living unhappily is not necessary and there is usually a light at the end of every tunnel —if you look hard enough. 

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