Posted on June 23,2021 in Divorce

Divorce is never easy, but sometimes a divorce can get hostile and ugly things are said between partners. If the conversations regularly become violent, threatening, or inappropriate, a spouse may want to record phone conversations in order to prove to a court that the other spouse is a danger to themselves or their child. 

Often, a spouse will want to record these conversations secretly, out of fear that the offending spouse will clean up their act if they believe someone may be listening. They may worry that the harassment will continue if they cannot prove that the inappropriate actions are taking place.  

Illinois is a Two-Party State

No matter how serious your concerns are about threatening phone conversations, in Illinois, you cannot secretly record a phone conversation legally. This is because Illinois is a two-party state. In a one-party state, only one party participating in a phone conversation of two or more people has to know the conversation is being recorded in order for it to be legal. But in a two-party state, all the parties to the conversation must know and consent to be recorded in order for the call to be legal. 

Continue Reading ››

 Posted on June 15,2021 in Divorce

Divorce is frequently cited as one of the five most stressful life events. No matter how long you’ve been married, deciding to get divorced is often accompanied by many complex emotions. Although divorce is increasingly common, it is not a decision to be taken lightly, and its potential impact on spouses, children, pets, and assets must all be considered. Fortunately, with the help of a lawyer, you can plan ahead and prepare yourself for the process to make it go as smoothly as possible. 

Have a Long-Term Strategy

Widespread academic research and collective wisdom both attest to the negative effect divorce can have on everyone involved. Speaking dispassionately, most people would tell you that a commitment to reducing conflict in divorce is crucial for minimizing the negative impact, especially on children. However, when spouses are in the midst of difficult or hostile divorce negotiations, it can be hard to have a long-term strategy and remember that the process of divorce doesn’t last forever – even if it seems like it might!

Continue Reading ››

 Posted on June 02,2021 in Property Division

If you have a dog, cat, horse, bird, or another pet, you most likely do not think of your pet as mere property. You may even consider your pet part of the family. However, under Illinois divorce law, pets are classified as property and subject to the same asset division laws as vehicles, bank accounts, and other types of property. Fortunately, the law was updated in 2018 to reflect the fact that pets are more than mere possessions.

What Happens if Divorcing Spouses Disagree About Pet Ownership?

Understandably, many people have strong feelings about their pets. This can make deciding who should keep the pet after a divorce extremely difficult. Spouses are encouraged to negotiate a property division arrangement that works for them. However, property division concerns are not always able to be resolved out of court. If a divorcing couple cannot reach an agreement on pet ownership, the court may need to make a decision on the spouses’ behalf.

Continue Reading ››

 Posted on April 29,2014 in Uncategorized

A lot of people go through life within a perpetually confused or ambivalent state because things aren’t so bad. In this state of confusion, they cannot be asked to make a determination, so they will rationalize remaining with their partner, waiting around for something to occur that will make it clearer as to if they ought to keep the marriage together or not.

For other people, a fear of the unknown is merely too daunting; therefore, they become numb or make themselves busy to make life with their spouse bearable (for instance, by alcohol/drug addiction, workaholism, and excessive spending). In a few instances, this fear of leaving isn’t about unknown circumstances, instead, it’s the known which paralyzes them.

If you are tired of sacrificing your happiness and are ready to move ahead with your divorce, contact our Chicago divorce attorney office at (312) 884-1222 for a free consultation.

Most of the individuals who divorce have had an idea that their relationship was over before they started to really separate physically. When asked of these individuals what the reason was for not exiting sooner, the main reason given is, ‘because of the children.’ There isn’t any doubt that all parents who have stated this believe wholeheartedly that it was a selfless and noble reason to remain. Sacrificing their happiness and staying seems as if it’s the right thing to do.

Continue Reading ››

 Posted on April 28,2014 in Uncategorized

What should occur at the initial meeting?

It’ll depend upon what is happening within the divorce case. In a few cases, divorce papers already have been filed, whereas in additional cases, the partners already have discussed divorce and pledged to utilize a collaborative divorce process, instead of all out ‘litigation’ (which means to fight it out in court). Lastly, a few clients are faced with an emergency - their partner might be draining the bank account, anticipating the divorce, or they might be the victim of domestic abuse and have to have instant protection from the court. The circumstances of the client is going to dictate what’s discussed and which actions are taken as a consequence of the initial meeting.

Though typically, a client walks in with general questions in regard to a recently-filed or an impending divorce, and the majority of attorneys will assess the various processes of divorce which are available (litigation, mediation, and collaborative law) and explain the steps for each.

Continue Reading ››

 Posted on April 22,2014 in Uncategorized

Whether you refer to it as a divorce or separation, deciding that you want to split is a decision which never should be taken lightly. There’s always a time in which space is required between your partner and you, and space occasionally can be a healthy decision. It permits both parties to have the ability to rationally consider the ideal method of handling the duty at hand, and to talk about a possible compromise. There’s never a clear indication of when the ideal time is to end your marriage; therefore, taking ‘one final shot at mending your relationship’ is something you might have to attempt many times.

If, after exhausting all these possibilities and you still feel that divorce is inevitable speak with one of our Chicago divorce attorneys at (312) 884-1222 for a free consultation.

Therefore consider this: If you’re considering separation, determine how your partner and you might take time apart, without having to make any spontaneous decisions, and taking the time to consider solutions. Unsure how much time you should take? As long as it takes! There isn’t any reason to dive head first into a separation or a divorce, therefore just play it out, then see how it goes, it can’t get any worse as you already feel you are at the end of the rope.

Continue Reading ››

 Posted on April 15,2014 in Uncategorized

In the plainest terms, uncontested divorce will mean that the partners have the ability to agree upon the major factors included in getting divorced, involving:

• How they’ll share parenting responsibilities and parenting time

• The duration and amount of child support

• The duration and amount of spousal support

• The division of property

• The division of debt

If they have the ability to get to an agreement, they often can file paperwork without a court appearance, and as soon as the mandatory time period (set by the state law) has passed, the divorce is final.

Not all uncontested divorces are the same, and not all uncontested divorces run smoothly. The process is smoothest as the couple has no minor kids and very few assets, involving no real property. Also it works best if each partner is self-supporting or able to easily become self-supporting. A few states have simplified procedures obtainable for couples within this kind of situation. However, these types of procedures are stringently limited and are only available for marriages which were relatively short usually 5 years or less.

Continue Reading ››

 Posted on April 08,2014 in Uncategorized

A divorce includes the legal end of a marriage. A judge reviews and approves the divorce settlement or, if spouses cannot concur to a settlement, decides how property is divided and how parenting time is shared. Until you get the court order signed by the judge, you aren’t officially divorced and cannot remarry. The rules which are different in every state include how long you have to reside in the state prior to you being able to file for divorce, how long you have to wait prior to your divorce being completed after you file, and how the state will treat alimony and child support.

If you have any questions about the Illinois divorce process, contact us today at our Illinois divorce attorney office at (312) 884-1222.

Here include the basic choices you have to handle the house after and during the divorce.

In most divorces, the family house is the pair’s largest asset. It also can be an extremely emotional item. It’s highly likely that you and your spouse determined in happier times that it was the place you wanted to spend the rest of your lives together, and it might be where your kids have lived the majority of their lives. It can make it challenging to let go and assign a value to it.

Continue Reading ››

 Posted on April 07,2014 in Uncategorized

If you are in the middle of a divorce, and want to keep your family home, there might be great reasons to fight for it. Because keeping a home or selling it after divorce may be a huge, life-changing event, it is vital that you know your reasons are sound, and that keeping your house is going to be in your best financial interest.

The children: School-aged kids might be traumatized by your divorce, and having to move might add to their emotional distress. If you are concerned about this and are not certain what is best for the family, consider talking to a family therapist or child psychologist who is able to assist you in figuring it out.

Emotional attachment: It is oftentimes an extremely emotional decision whether you should keep your family home; and even though emotional attachment isn’t necessarily a ‘great’ reason, it is an understandable one. Most spouses will become attached to their house because, for instance, they have put a lot of work into constructing their dream home, and it will hold many good memories, or because their house has been within one spouse’s family for generations.

Continue Reading ››

 Posted on March 18,2014 in Uncategorized

Here are some tips on how to get along well enough with your ex to make sure your children's emotional and physical needs are met and help your children get through the divorce feeling loved and secure. This is part 2 of a 2-part series.

(13) During time to pick up, don’t honk the car horn in front of the additional parent’s house. But, do not go in the house either – unless you’re invited in. Arrive on time for drop-off and pick-up and have your kids prepared to go.

(14) Transfers may be uncomfortable times. Be patient and kind with one another and the kids.

(15) Never place your kids within a position in which they must select between parents or determine where allegiance lies.

(16) Expect the kids to feel guilty, confused, abandoned and/or sad, in response to your separation/divorce. Acknowledge these feelings as being normal and tell them that although the family is going through a big change, your ex-spouse and you always are going to be their parents.

Continue Reading ››