Tag Archive for: post divorce disputes

Setting Boundaries to Reduce Stress During and After Divorce

November 6th is National Stress Awareness Day—the perfect time to focus on life’s most overwhelming challenges. When it comes to family law issues, one key area that can bring extreme tension to families across the United States: Divorce.

According to the Holmes and Rahe stress scale, divorce ranks as the second most stressful life event, surpassed only by the death of a spouse. Marital separation follows closely in third place, highlighting just how emotionally taxing these life transitions can be. This scale emphasizes the profound impact major life changes can have on mental, emotional, and physical health. Divorce, in particular, affects all aspects of well-being.

At Masters Law Group, we understand how stressful the divorce journey can be. In this blog, we’ll provide practical tips to help you protect your rights and well-being throughout the process. Here’s what you need to know.

Why Reducing Stress Is Essential During Divorce

Divorce is more than just ending a marriage—it is a life-altering event that affects nearly every facet of daily living, from finances and home life to relationships with family and friends. The psychological strain it places on individuals can manifest in many ways, including:

  • Emotional Exhaustion: The constant emotional rollercoaster can leave you feeling drained, making it difficult to handle the legal and practical aspects of the divorce process.
  • Poor Decision-Making: High levels of stress often cloud judgment, potentially leading to decisions made out of emotion rather than logic—decisions that can have long-lasting financial or familial repercussions.
  • Physical Health Issues: Stress has been linked to numerous physical ailments, from sleep disturbances and high blood pressure to a weakened immune system and heart problems. Prolonged stress during divorce can exacerbate these conditions, leaving you even more vulnerable.

Reducing stress during divorce isn’t just a matter of comfort—it’s necessary for your overall well-being. Finding ways to manage and minimize stress will help you make clearer decisions, protect your health, and regain control as you move forward. Let’s take a look at how boundary setting can help reduce stress.

How Boundaries Help Reduce Divorce Stress

While stress is inevitable during divorce, there are concrete steps you can take to manage it. One of the most effective strategies is setting boundaries. Boundaries help protect your emotional space and enable you to maintain control. Here are some practical ways to set boundaries:

  1. Boundaries with Your Ex-Spouse: By limiting how and when you communicate with your ex-spouse, you help protect yourself from unnecessary emotional confrontations. It can be beneficial to keep conversations focused on practical matters to avoid rehashing personal issues.
  2. Boundaries with Family and Friends: Although your loved ones mean well, too much advice or interference can overwhelm you. Establishing boundaries with family and friends can help reduce the pressure of external opinions and allow you to focus on what’s best for your situation.
  3. Co-Parenting Boundaries: Co-parenting is a long-term commitment that requires boundaries to keep the focus on your children’s well-being. A clear and concise parenting plan can help make visitation and decision-making smoother for you and your children.

Practical Ways to Reduce Stress During Divorce

It’s crucial to adopt strategies that prioritize your mental and emotional well-being. Below are some actionable steps to help reduce stress:

1. Focus on What You Can Control

Divorce often feels like a whirlwind of uncontrollable events, but focusing on the aspects you can control can greatly reduce stress. This includes managing your responsibilities, staying organized, and making decisions based on what’s best for you and your future. Working with a law firm like Masters Law Group can help give you a sense of stability as we guide you through the legal process, allowing you to focus on other aspects of your life.

2. Practice Self-Care

Self-care isn’t just pampering; it’s about maintaining emotional resilience and overall well-being. When you’re emotionally depleted, it becomes harder to make clear decisions and face the challenges of divorce. Meditation, adequate sleep, regular exercise, and therapy can help you process your emotions and develop effective coping strategies. Remember, self-care is not selfish—it’s essential for helping navigate the difficulties of divorce and preparing for the next chapter of your life.

3. Seek Emotional Support

Whether through friends, family, or a therapist, having a strong support system can make a difference. Letting go of anger and resentment is a cornerstone of a peaceful divorce. Instead of harboring feelings of revenge or striving to “win” the divorce, focus on achieving fairness and equity for both parties. Getting the help of an experienced divorce attorney can help you further embrace these principles and lead to a more constructive and less acrimonious divorce process.

4. Rely on Professional Support

During the divorce process, it’s important to have a knowledgeable and experienced legal team to guide you through the complexities. Letting professionals handle the legal details lets you focus on your emotional recovery rather than getting caught up in disputes. Opting for mediation instead of a traditional courtroom battle can significantly help reduce stress and promote cooperation.

Mediation can be an effective option for couples willing to work together and compromise to achieve a positive outcome. It’s particularly useful for couples who have children, as it can help reduce the stress and trauma that children often experience during a divorce. A divorce attorney can represent you during these processes, working to reach a fair and mutually acceptable settlement with your spouse.

Reducing Post-Divorce Stress

The end of the legal process doesn’t necessarily mean the end of stress. Post-divorce life can bring challenges, but prioritizing stress management can help you adjust to your new reality.

  • Create a New Routine: Establishing a new daily routine can create a sense of normalcy and help reduce the feelings of chaos that often accompany life post-divorce. A structured schedule can help you manage your time and focus on rebuilding your life.
  • Reassess Your Financial Situation: Financial stress is a major concern during and after divorce. A divorce attorney can help you understand your legal and financial responsibilities and establish financial stability.
  • Take Time for Self-Reflection: Divorce doesn’t have to be an emotionally draining experience. Reflecting on what you’ve learned and setting new goals for your future can help turn a difficult chapter into a new beginning.

How Masters Law Group Can Help

At Masters Law Group, our DuPage-based Divorce Attorneys provide comprehensive legal representation in all areas of family law, including divorce, allocation of parental responsibilities, spousal support, and property division. We understand that each divorce case is unique, so we take a personalized approach to every client’s situation. From high-conflict separations to amicable agreements, our experienced team is skilled in navigating the legal complexities while helping ensure your rights and mental well-being are protected.

We know how emotionally draining divorce can be, so we offer support at every stage of the process. Whether it’s helping you establish fair co-parenting plans or advocating for fair financial settlements, our goal is to help reduce the emotional toll of divorce. By helping you set clear boundaries, you can mitigate the stress, allowing you to focus on rebuilding your life and embracing the future ahead.

Final Thoughts

This National Stress Awareness Day, take the time to reflect on how setting boundaries can help you manage stress during your divorce and in the aftermath. As you navigate this challenging time, remember you don’t have to do it alone. Our team at Masters Law Group is here to help you manage both the legal and emotional aspects of divorce.

Contact us today for your complimentary consultation and take the first step toward a healthier, stress-managed future. 

Disclaimer: The content of this blog is intended for informational purposes only and should not be considered as legal advice. While the attorneys at Masters Law Group are fully qualified to handle your legal matters, every situation is unique, and legal advice should be tailored to the specific circumstances of your case. We encourage you to consult with one of our experienced attorneys for personalized legal guidance. Reading this blog does not establish an attorney-client relationship. For professional legal assistance, please contact the DuPage Divorce Attorneys at Masters Law Group directly.

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.

Post-Divorce Modifications in Illinois

Divorce can be an emotionally charged process, but even after it is finalized, there may be situations that arise that require a modification.

If you are a resident of Illinois, you may have questions about the post-divorce modification process. Whether you are currently in the middle of a divorce, or have already finalized your divorce, this blog will provide you with valuable information and insights.

Marriage Doesn’t Always Run Smoothly

The United States has the sixth highest divorce rate in the world, with 40% to 50% of married couples filing for a divorce. Usually, second or third marriages in the United States have a higher divorce rate: 60% of second marriages and about 73% of third marriages end in divorce.

While Illinois has one of the lowest divorce rates in the nation, it still has an average of 6.2 divorces per thousand marriages.

U.S. states with the lowest divorce rate

With these large numbers of divorces occurring each year, there will be some cases where post-divorce disputes arise.

What is a post-divorce Dispute?

Also known as a post-decree dispute, post-divorce disputes often arise when one party does not fulfill obligations indicated in the divorce settlement. Often, one ex-spouse determines that the other has violated a court order relating to the divorce, for example, when one ex-spouse fails to pay court-ordered alimony.

Some of the most common issues involve:

  • the payment of college expenses,
  • recalculations of child support and emancipation of children,
  • as well as modifications of maintenance.

Illinois has specific legal standards that relate to each of these issues, and we can help inform you of the law that relates to your post-judgment issue.

Many individuals are eager to close this chapter of their lives and move on. However, there may be situations in the future where the court-ordered arrangements may need to be adjusted. This blog is an essential resource for anyone going through post-divorce modification in Illinois. Below, we will cover common questions about post-modification.

POST-DIVORCE MODIFICATIONS IN ILLINOIS

In order to change your divorce decree, parenting plan, or other court orders from your divorce, you must file a Petition for Modification. To initiate the process, you must file a petition with the circuit court in the county where the original order was entered. Your ex-spouse must be served the Petition, and they can then choose to file a Response. 

The court will then schedule a hearing where both parties can present evidence and argue their case. The judge will then consider the evidence and decide if modifications are necessary. If modifications are approved, a new court order outlining the changes will be issued. Both parties must agree on its terms moving forward.

How Do I Know If I Qualify for Post-Divorce Modification?

Typically, modifications to divorce orders will only be approved if substantial changes in circumstances have happened since the original decree was entered. This change could be changes in any of the following:

  • Income and financial resources.
  • Living arrangements.
  • Changes to health and well-being.
  • Changes in need of you or your children. 

The changes must be significant enough to require alterations to the previous orders. Sometimes, modifications are sought due to unforeseen events or issues that were not considered during the divorce, such as uncovered debts or the reappearance of a pre-existing health issue.

What is considered a Major Change in Circumstances?

To modify child custody or other orders established during a divorce, it’s necessary to demonstrate substantial changes that have impacted you and your family. These changes could include changes in financial resources, such as job loss or a health condition that affects one’s ability to work. 

Other events that have affected family members, like remarriage, health problems affecting a parent’s child care capabilities, plans to move, or criminal charges leading to jail time or restrictions, may also play a role in these cases.

How Long Do I Have to Wait to Modify Child Custody After My Divorce?

In Illinois, changes to the allocation of parental responsibilities cannot be made within 2 years of a child custody order being put in place, unless a child’s safety is at risk. A parent must provide evidence that the current custody arrangement poses a risk to the child’s physical, psychological, or emotional well-being.

In contrast, modifications to parenting time can be requested without a waiting period. These requests may be made if there has been a considerable change that impacts the child’s best interests or for minor adjustments. This must be agreed upon by both parents and it needs to reflect the current arrangement. Additionally, modifications can be made if the court was unaware of these circumstances that would have affected the original child custody decision.

Can Changes be Made on Property Division?

Typically, court orders for the division of marital property are final and cannot be altered after the divorce is completed. However, in certain situations, a couple may need to go back to court to handle issues that came up or were discovered post-divorce. 

For instance, if you find out that your spouse had undisclosed assets or didn’t provide required financial information during the divorce, you can file a petition to revisit the case. This would ensure an equitable distribution of all marital assets. There are many factors at hand when you try to split up assets. Here are just a few that are considered:

  • 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

Next Steps To Consider

If you are going through the post-divorce modification process in Illinois, it’s important to protect you and your family. Consider the following steps:

  • Review your divorce agreement to see what can and cannot be modified.
  • Determine if a substantial change in circumstances has occurred.
  • Consider consulting an attorney to help you navigate the process and provide you with guidance on your legal rights and options.
  • Gather relevant documentation such as financial records, medical records, or other evidence that may support your request for modification.
  • File the petition with the circuit court in the county where the original order was made.
  • Attend the court hearing and provide evidence to support your request for modification.
  • Be prepared for possible outcomes, such as modification granted, denied, or delayed.

It is important to keep in mind that the legal process of modifying a divorce decree can be complex and time-consuming, and seeking the help of a skilled family law attorney can be helpful in ensuring that your rights and interests are protected.

Last Thoughts

Navigating divorce can prove challenging for all involved parties. If you are considering filing for a post-divorce modification, it’s important to speak with an experienced Illinois divorce attorney. At Masters Law Group, our seasoned attorneys can review your case and provide guidance on how to move forward with applicable modifications.

Masters Law Group ALWAYS advocates on your behalf to make sure your rights are protected and family needs are legally met. Contact us today to schedule a consultation.

Post Divorce Disputes on National Ex-Spouse Day

Tomorrow is National Ex-Spouse Day, and while it may seem like a strange day to “celebrate”, it’s an opportunity to review your separation and understand your options should you have a post-divorce dispute. 

Celebrated annually on April 14th, the National Ex-Spouse Day is celebrated to encourage the people who have dissolved marriage to forgive their particular former spouses and successfully move beyond any bitterness and anger against them which might be present. But for many, this day isn’t a happy one. Some ex-couples engage in fighting about issues after the final divorce decree, and they need to head back to court to resolve them.

What is a Post-Divorce Dispute?

Also known as a post-decree dispute, post-divorce disputes often arise when one party does not fulfill obligations indicated in the divorce settlement. Often, one ex-spouse determines that the other has violated a court order relating to the divorce, for example, when one ex-spouse fails to pay court-ordered alimony.

Some of the most common issues involve:

  • the payment of college expenses,
  • recalculations of child support and emancipation of children,
  • as well as modifications of maintenance.

Illinois has specific legal standards that relate to each of these issues, and we can help inform you of the law that relates to your post-judgment issue.

Post-Divorce Modifications in Illinois

While divorce decrees in the State of Illinois are considered “final” once they are admitted to the court, there are circumstances that warrant post-divorce modifications.

Whether one party’s financial situation changed and post-divorce child support or spousal maintenance awards must be updated accordingly, or if one of the parents wishes to move a marital child out of state, any official changes to the divorce decree require court intervention.

To request a post-divorce modification, one of the former spouses must file a “motion to modify” the divorce judgment. This motion is typically filed with the same court that issued the original divorce decree. The first step is to file the post-decree change request. You should make it clear what terms you want to be changed, and why. Then:

  1. File your motion with the court clerk’s office that originally issued your divorce decree.
  2. Serve your ex-spouse with the paperwork to notify him or her of the request and hearing date.
  3. Attend mediation or pre-hearing conferences if required.
  4. Appear in court for your hearing.

At the hearing, a judge will hear from both parties and any witnesses who can speak on their behalf. Once the judge makes a decision or final ruling on your motion, you could receive the final order that day; otherwise, it will be mailed to you.

Enforcement and modifications can be just as complicated as the initial settlement agreement, so it’s important to consult a qualified and experienced family law attorney.

How to Celebrate National Ex-Spouse Day

Even if you never envisioned yourself celebrating such a holiday, it’s something that millions of people go through with you and maybe there’s a silver lining to your partnership coming to an end. 

Here are some ways to positively celebrate Ex-Spouse Day this year: 

  • Make it a day that’s really all about you! There’s no day like Ex-Spouse Day to focus on yourself. There’s tons of activities that are even easier to do as a single man or woman without someone else’s opinion. Do what makes YOU happy today. Whether that is a self care day with a massage and a nice dinner or a new outfit, it’s a step forward in your progress and emotional recovery in your situation.
  • Enjoy time with the kids: If you share children with your spouse, today is an opportunity to fully embrace them and appreciate their presence. Go for an ice cream or a movie, and recognize the massive accomplishment it is to raise children.
  • Acknowledge your growth post-divorce: The odds are that you are stronger, more resilient, and more than capable of handling problems you once thought you never could. Maybe you reflect on something that made you insecure in your relationship, that now you have completely conquered. This is proof you can conquer any fear if she was willing to face it head on.
  • Remember that divorce happened, but it doesn’t define you: It may be hard to remember at times, but you are so much more than one single life event like divorce. Your divorce is only part of your story, which means you still get to write the ending. It’s important to release the past so it can stay where it belongs. The past remains in the past. So take the good – take the lessons – and leave the rest.

Final Thoughts

At Master’s Law Group, we are highly experienced in post-divorce disputes and offer a wide range of services that are tailored to our client’s unique needs.

Masters Law Group LLC has a unique depth of knowledge, experience and talent in the family law and divorce field. Are you in need of consultation regarding a post-divorce dispute? Contact us today and we’re here to help you resolve any issue we can. We look forward to hearing from you and supporting you through this time.