Category Archives: Divorce Process

Is Nesting a Good Option for Your Divorce?

Going through a divorce is stressful for a couple. Children of divorce also experience significant amounts of stress. This is the case even in an uncontested divorce which is completed in a short period. Children still find that they have to adjust to many changes, which can be difficult.

Children thrive on stability and permanence. Divorce disrupts their sense of stability. They were accustomed to having both parents in their lives and now they only have one parent that is their main caregiver and with whom they live the majority of the time.

Some parents consider ‘nesting’ as a way to help their children make the transition after a divorce.

What is nesting?

Illinois divorce laws allow spouses to determine their own agreements when it comes to child-related issues such as who gets primary custody of the children, the amount of spousal support they should expect as well as parental visitation rights. Issues relating to children in divorce are outlined in a parenting plan. This document is legally binding. Therefore, decisions that are made and documented must be adhered to once the divorce has been finalized.

Divorced parents in Illinois can therefore make a nesting plan. In this type of arrangement, both parents live in separate spaces outside the family home. The children are the only permanent residents of the home during the nesting period. Each parent comes to the home to live with the children for a set time according to a parenting schedule. The parents are never in the home at the same time. Some parents opt to have the same second living space as they are never in this space at the same time either.

In such a scenario, the father may live with the children in the primary family home for a week or two in a month. The mother will live with the children the rest of the time when the father is away.

The pros and cons of nesting

There are several benefits and downsides of nesting. Nesting helps parents focus on their children’s needs as opposed to their own needs. It gives children a greater sense of stability as they can still enjoy time with both parents within the family home. It also gives both parents time to spend with their children and helps children ease into the more permanent parenting plan after the divorce.

However, nesting can be expensive as the parents must have separate living spaces outside the family home. Depending on how long the nesting arrangement is for, it can make it difficult for the parents to move on after divorce and pursue romantic relationships. Nesting can also give children a false sense of hope. They may think that their parents will get back together.

Is nesting right for you?

Are you considering nesting for your family after your divorce is finalized? There are several factors to consider. Can you and your spouse afford a second residence? Who will be responsible for the monthly bills and upkeep of the primary family home? How long would you be able to keep the nesting up?

It is important to talk to your divorce attorney to better understand how nesting works and if it is a good option for your family.


Steps to Take When Filing for Divorce

Divorce is inarguably one of the most painful times in a person’s life, both financially and emotionally. Yet before legally finalizing a divorce, there are several steps each spouse must take in order to make the process as painless as possible.

With the help of an experienced divorce attorney, the divorce process can go smoothly and efficiently.

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How to Apply for a Marriage License

Marriage is a huge milestone for couples. A lot of time and money is spent planning a wedding, and for everything to go as planned. Yet while a wedding makes for a very exciting day, there are several legal matters that need to be taken care of as well.

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The Process of Legal Fatherhood in DuPage County

The process of establishing paternity can be very complex, with many steps to follow. However, this process is not impossible. The parents need to know how to navigate through the steps to ensure legal paternity for their child, and to establish healthy and mature relationships for the years to come.

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Important Steps in the Divorce Process

A quick glance at the raw numbers shows that for every two marriages in the state of Illinois in a given year, there is one divorce. While this may indicate that half of all marriages end in divorce, the numbers are a little misleading. The current likelihood of divorce for those who are get married this year is estimated to be between 30 and 40 percent.

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Does a Bankruptcy Affect My Prior Divorce Settlement?

Many Illinois couples are faced with crippling personal debts and make the difficult decision to file for bankruptcy. Unfortunately, bankruptcy does not eliminate all debts. For example, federal law does not allow a bankruptcy court to discharge any debt incurred as the result of a “domestic support obligation,” such as child support or spousal maintenance. This means that if you and your current spouse seek bankruptcy protection, you may still need to deal with the consequences of a prior divorce.

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Choosing a Venue for Your Divorce

When you decide to get divorced, you probably realize that you will need to file your divorce petition at the county courthouse. But, how do you know which county? Does it matter? According to Illinois law, the county you choose for your divorce matters in some ways but does not matter in others, and it important to understand the difference.

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Are You in an Unhealthy Marriage?

Are you considering divorce? If so, you are probably dealing with some conflicting feelings. Should you stay and continue to work on your relationship, or is your marriage past saving?

Knowing when to seek a divorce can be difficult. Marriage takes work, and most married couples experience their share of ups and downs, but how can you distinguish between typical marital problems and an overall unhappy marriage. It is not always as easy as it sounds, but understanding why you wish to end your marriage will allow you to move with confidence if you decide to divorce. There are several major signs that indicate you may be in an unhealthy marriage, one that is unsalvageable no matter how much hard work, therapy, or counseling you attempt.

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Questions to Ask While Interviewing a Divorce Lawyer

Choosing the right divorce attorney can be difficult. Depending on where you live, you may have dozens of attorneys available to you, but which firm do you choose to work with? Most of the decision comes down to your specific divorce case, your budget, and your personal feelings.

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When Does a Court Award Attorney Fees to the Prevailing Party in a Family Law Case?

An award of attorney fees may seem like a unicorn to some: a mythological event that some swear they have heard of from others but not seen themselves. This can be disheartening news to some divorce or family law litigants who have little money but are hoping that, if they prevail in their case, the court will order the other party to reimburse them for the legal fees they expended.

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