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How Can an Attorney Help the Mediation Process in a Divorce?
In most divorces, mediation helps resolve disagreements between the parties without a lengthy and costly court battle. It is so effective that courts often order couples to attend mediation before going to trial. Unlike litigation, mediation is a non-adversarial process that focuses on achieving a settlement through compromise. Since couples have more control over the outcome in mediation, they tend to reach settlement agreements that benefit both sides.
The best way to help ensure you get the most out of the mediation process is to hire an Illinois family law attorney who will guide you through the steps. Attorneys are not required at mediation sessions, but they can help protect you throughout the negotiations and achieve the best settlement possible.
How Does Divorce Mediation Work?
Mediation sessions are run by a mediator, a neutral third party who is certified in dispute resolution. Meetings can take place in an office or virtual setting and are attended by the mediator and both parties. Each side has the option of bringing his or her attorney. Here is what happens at a mediation session:
Can I Stop Paying Alimony if I Lose My Job?
When a couple files for divorce, a court will sometimes order one of the spouses to pay spousal support, also referred to as spousal maintenance or alimony. Judges base this decision on a host of factors. These include the financial needs of the payee — the spouse receiving the support — and the income of the payor, the spouse paying the alimony. The amount of spousal support is based on calculations prescribed by Illinois law.
But what happens if circumstances change? Does the payor need to continue paying alimony even if he or she loses employment? In some cases, the payor may be able to ask the court to modify the spousal support order. This article will discuss when you can request an order modification and how to contact an experienced Illinois family law attorney for legal assistance.
What Mistakes Do Parents Make Negotiating Parenting Time?
In Illinois, child custody consists of two parts: parental responsibilities, which refer to the parents’ duties to make major decisions for the child; and parenting time, which is time spent with the child (also called physical custody).
Before a court grants a divorce to two parents, it requires them to submit a parenting plan that outlines how they propose to divide child custody between each other. Some parents may agree on how to divide parental responsibilities and parenting time, while others may reach an agreement through negotiations in court-ordered mediation. Although it is not required to have an attorney present during mediation, consider hiring an Illinois child custody attorney to represent your side throughout negotiations.
What Does Parenting Time Include?
Provisions for how parenting time is divided are contained in the parenting plan. They include:
Does Adultery Affect Property Division in a Divorce?
One of the complex parts of the divorce process is property division, where marital property is divided between the parties. Marital property includes any assets that came into the possession of either spouse during the marriage, with some exceptions. In a divorce, both parties are entitled to a share of these marital assets. They can either divide them between themselves or a court can do it for them.
When a court distributes marital property, it will do so based on what the judge thinks is fair. This leaves many people to question what might affect their share of the assets. For example, what if one party caused the divorce? Will the other spouse receive a greater share of marital property? If one party ends the marriage by cheating, for example, does he or she forfeit his or her share of the assets?
As we explore the answers to these questions, keep in mind that an experienced Illinois property division attorney is the best legal resource.
Can Parental Alienation Factor into an Illinois Custody Decision?
Although different terms have been used to describe the alienation, brainwashing, or manipulation of a child during the split of their parents and child custody decisions, what is now known as alienation of parental affection has occurred at least since the 1800s. When renowned poet Percy Bysshe Shelley separated from his wife Harriet, the couple had a three-year-old daughter, and Harriet was pregnant with the couple’s son.
Harriet and her parents shut Shelley out of the lives of his children, and when Harriet committed suicide in 1816, Shelley was not even told of the death. Once he found out, he petitioned the court for custody of his children. The grandparents immediately began an assassination of character campaign, which was extremely successful. Shelley never saw his children again.
Since that time, turning children against one parent through lies and manipulation on the part of the other continues to happen and even has a name—parental alienation. There are no states across the nation that have a specific parental alienation law. Most states do, however, acknowledge the existence of parental alienation, along with the damage it can cause.
How to Prove You Signed a Prenup Against Your Will
Many people have a general sense of what a prenuptial agreement is: a document that a couple signs before they get married detailing how they will divide their assets and manage their finances in the hypothetical event of a future divorce. Although thinking about your marriage ending when you are still engaged can be unpleasant, many people enjoy the peace of mind it affords them. However, some people feel they signed their prenup against their will, and that can be enough of a reason to nullify it. If you are about to begin divorce proceedings but feel you were pressured into signing your prenup, a compassionate Rolling Meadows, IL family law attorney can review what happened and advise you on how to proceed.
Can I Prove That I Was Forced to Sign My Prenup?
People are sometimes pressured into signing a prenup against their will. Fortunately, there are several factors that the courts take into consideration when trying to decide whether this was the case, including:
What if My Ex Disagrees About Medical Decisions for Our Child?
There are many things to disagree about during a divorce. The biggest disagreements, however, often concern children. Parents who were recently making decisions together about their child begin to feel territorial about the child when the marriage ends. Then, making decisions about their child’s education, health, or religious upbringing becomes a series of arguments.
Illinois law tries to prevent many of these disagreements before they happen by requiring parents to make a parenting plan. A parenting plan is legally binding, so it is best to have it drafted by an experienced family lawyer.
What Is a Parenting Plan?
A parenting plan is a document that details how you and your ex-spouse will co-parent your child together. During a divorce, the parents must submit a parenting plan to the court for approval. If they do not agree on one, each parent submits his or her own and the court will make one for them.
The Do’s and Don’ts of Divorcing a Narcissist
Even the most amicable of divorces can be stressful. When a soon-to-be-former spouse is a narcissist, divorce can become a high-wire balancing act. The good news is that with planning and preparation, the process can be smoother.
Understanding Narcissists
While everyone is different, narcissists tend to have similar patterns of behavior. Knowing these patterns and how narcissists often have low self-esteem under the bravado can provide a guide for navigating your divorce.
Narcissists are unending holes of need: They need to be the best. They need attention and adulation. They need to always be the winner. Divorcing doesn't fit with this narrative, which often means they seek ways to punish or blame a former spouse.
For narcissists, relationships are often more about use than love. They tend to follow a cycle:
- Idealize
- Devalue
- Discard
Idealizing usually comes in the form of love bombing. A type of seduction, love bombing can feel heady for the target and may make them feel like they've met their soulmate.
No, TikTok Doesn’t Need to Know About Your Divorce
Social media is a wonderful tool for us to share important life events with friends, family, and strangers. It allows us to connect to loved ones and celebrate milestones when we can't be together in person.
One life event I advise my clients not to share on social media is divorce. There's almost no upside and considerable downside to advertising the end of your marriage on TikTok, Instagram, or any other social media platform. Liberating as it can be to celebrate the end of a relationship, keep those celebrations private and offline.
Yes, Social Media is Admissible Evidence
Videos about divorce have been popular on TikTok since at least 2019. Before TikTok, Instagram, Twitter, Facebook, and other social media platforms all had their moment of being the go-to place for life announcements.
One change is that, as a video platform, the context of videos shared on TikTok can be harder to hide. The written word or a single photo may be misconstrued, but a video can be harder to dismiss.
Free Consultations 847-859-6222
Located in Rolling Meadows, Illinois, Ann O’Connell Law, Ltd. provides family law and divorce legal help to individuals and families throughout the area, including Arlington Heights, Palatine, Highland Park, Schaumburg, Mount Prospect, Des Plaines, Hoffman Estates, Buffalo Grove, Skokie, Wheaton, Berwyn, Oak Park, Glenview, Elmhurst, Lombard, Carol Stream, Crystal Lake, Chicago, Elgin, Waukegan, Evanston, Cook County, Lake County, and DuPage County.
Results listed are not a guarantee of future results.
1911-B Rohlwing Rd., Rolling Meadows, IL 60008
847-859-6222
