Tag Archives: divorce

About to Divorce? Consider Mediation

If you and your spouse are considering a divorce, you may not know how best to proceed. Hiring an attorney can be expensive, but the divorce process is complicated, and going it on your own could lead to costly mistakes. What is your best option? If you and your spouse are willing to work together through your divorce process, and are hoping to keep your case out of court, consider mediation. Through mediation, couples can amicably reach a divorce agreement they both agree upon, without the conflict and expense of a typical litigated divorce. As an added plus, mediation typically tends to take less time, allowing couples to quickly finalize their divorce and move on.

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Understanding Prenuptial and Postnuptial Agreements

Marriage is a celebration of love and commitment between two partners hoping to spend their lives together. While most couples enter marriage with the best of intentions,  divorce statistics in the United States show that many couples do not have a happily ever after. For this reason, many divorce attorneys and other specialists encourage couples to consider prenuptial or postnuptial agreements. While discussing the dissolution of your marriage before it has begun can seem unpleasant, when properly drafted and implemented, a prenuptial or postnuptial agreement can truly benefit both spouses. Prenuptial and postnuptial agreements are no longer only utilized by America’s wealthiest couples. Here is what you need to know.

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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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What Is a Default Judgment and How Can I Get It Vacated?

When you fail to timely enter an appearance or respond to a divorce petition filed against you, a default judgment may be entered against you. By entering a default judgment, the court has determined that although you were provided with an opportunity to respond to the divorce petition and participate in the proceedings, you failed to do so. As a result, the court has concluded that it has no choice but to award the petitioner – your spouse who filed the divorce petition – the relief he or she requested in the petition.

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Appealing a Family Court Decision

No lawyer or litigant likes to lose in court. This is especially true in divorce cases where a “losing” party can have his or her financial interests and/or parental rights adversely impacted. When this happens, the “losing” party – the one whose interests were adversely affected by the trial court’s decision – may be left wondering how such a terrible (relatively speaking) decision can be undone. Most individuals have heard the term “appeal” and know that an “appeal” can reverse a decision entered by an Illinois trial court. Can you appeal a trial court’s decision in a divorce or child custody case? More importantly, should you appeal a decision?

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How Do Visitation Rights Work?

Child custody and visitation arrangements can be complex in the best of circumstances, especially if you do not understand the new dynamics of your family structure. Whether you have agreed to this arrangement, or a court has ordered it, it is important to understand how visitation works.

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Orders of Protection: Legal Protection When You Need It

If you are a victim of domestic violence or constant harassment from your current or former partner, you can obtain an order of protection to protect yourself from him or her. An order of protection is a court-ordered set of rules regarding how an individual may interact with the individual who sought the order. It is a criminal offense to violate this set of rules. If you feel that you need to file for an order of protection from your spouse or another member of your household, contact an experienced attorney to learn more about what such an order can and cannot do.

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Child Support Modification in Illinois

If you can not afford to make your child support payments, do not simply stop paying. Failure to pay your child support can lead to fines, loss of your driver’s license, wage garnishment and other monetary seizures, and even jail time. As a parent, you are legally required to financially provide for your child.

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Child Support: The Legal Process

If you have a child or children, you are required by law to support child until the child reaches the age of majority. The amount of child support you are required to pay must be reviewed and subsequently approved by a court of law. Once a judge approves the amount of child support obligation the non-custodial parent owes, the judge will put that amount into a judicial order. This judicial order is recorded and the determined amount must be paid. If a non-custodial parent fails to pay his or her child support obligation, he or she may be held in civil contempt, where he or she can be arrested until he or she “purges,” or pays, a specified amount of past due support.

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Divorce in the Digital Age: How Social Media Can Negatively Affect Relationships

The soaring popularity of social media has changed the way people connect to each other, the way they interact, and even the way they break up. Pew Research reports that as of January 2014, 74 percent of adults use social media with Facebook being the most frequented site. Matters are not kept as private as before the digital age and insight into a person’s relationship can easily be revealed online. There are people who mistakenly believe group forums or online chat are private or anonymous and may say things that can be used against them later in court during divorce proceedings.

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