Ryan Family Law, P.C.Elgin Family Law Attorney | Kane County Divorce Lawyer2024-03-14T03:20:24Zhttps://www.ryanryanfamilylaw.com/feed/atom/WordPressOn Behalf of Ryan Family Law, P.C.https://www.ryanryanfamilylaw.com/?p=471152024-03-14T03:20:24Z2024-03-14T03:20:24ZIf you have decided to divorce (or your spouse has already filed), you might not want to talk about it much. You may be feeling shock, distress or even embarrassment or guilt.
However, it is important that you do talk about it, to certain people at least. Here are some of them:
Friends and family
You may need the support of friends and family to help you through the next few months. You might divulge more details to some than others, but thinking about who you can call on is crucial. You might just need someone to listen, or you might need them to offer you a spare bed or collect your children from school when you have a hearing in court.It’s also worth considering the support of a therapist or psychologist to help you process what is happening.
People at work
The law does not obligate you to tell your employer, but it may be worth doing so. If you let them know you are divorcing, they may be more understanding if the divorce affects your work - which it could well do. They might be happy to support you, allowing you to take time off to meet with your attorney or work from home when you are having a bad day. Colleagues can also provide support.
Your child’s school
Schools can support children whose parents are going through a divorce. Letting the teachers know allows them to keep an eye on your child, offer support if needed and treat them with leniency if the divorce affects their schoolwork or behavior.Talking to those three sets of people is optional but most definitely advisable. Talking to someone with the legal knowledge and experience to help you through your divorce is a necessity.]]>On Behalf of Ryan Family Law, P.C.https://www.ryanryanfamilylaw.com/?p=471132024-02-26T14:42:22Z2024-02-26T14:42:22ZIn Illinois, serving a summons can happen through the following methods:
Pay a fee to have a sheriff serve the summons to your former spouse.
Request a judge to grant permission to publish the divorce notice in a publication, which may be applicable if you cannot locate your former spouse.
You should also serve the divorce petition to your former spouse with the summons. This task often has a deadline that may affect the petition's outcome. If you fail to notify your former spouse properly, the court could dismiss the petition.After serving the documents, your former spouse should file a response, saying whether they will answer the petition and appear at the hearing. They should also give you a copy of their response. This step is essential to the divorce process, so you should coordinate with the court to see if you can continue publishing the notice if you do not receive a response.
Preparing for the divorce
Some divorces can be straightforward, but other cases can have complications. Sometimes, these issues come up later during the process, affecting how proceedings move along.
There is no guaranteed way to remove these problems, but you can prepare for them by seeking legal counsel before initiating the process. Experienced guidance can also help you determine other options that can accommodate your unique circumstances and address disputes that may arise along the way.]]>On Behalf of Ryan Family Law, P.C.https://www.ryanryanfamilylaw.com/?p=471112024-02-22T17:24:35Z2024-02-22T17:24:35ZIllinois is a no-fault divorce state
The divorce statute in Illinois only allows spouses to file for no-fault divorces. A divorce based on specific grounds has not been an option for years at this point. One spouse can claim that the marriage has experienced an irretrievable breakdown and ask the courts to end the marriage.
However, they cannot demand that the courts declare their spouse at fault for the divorce. The no-fault approach to divorce also means that people may not receive the type of justice they hope for in an Illinois divorce. The courts don't consider marital misconduct when trying to equitably divide marital property. Cheating does not typically have any impact on the division of parental rights and responsibilities either.
Occasionally, one spouse can at least demand compensation based on the marital resources someone wasted while conducting their affair. If one spouse has proof that the other used marital income or accrued debt while paying for hotel rooms or buying gifts for an affair partner, those actions could affect property division proceedings.
Judges may exclude debts related to adultery from the marital estate and may factor in wasteful spending of marital income when deciding how to fairly divide other resources. Spouses already hurt by the infidelity of the person they trusted the most may end up feeling even more frustrated and betrayed if they approach the divorce process with unrealistic expectations.
Understanding the minimal impact that infidelity has on Illinois divorce proceedings may help people set realistic expectations as they move on from an unhealthy marriage.]]>On Behalf of Ryan Family Law, P.C.https://www.ryanryanfamilylaw.com/?p=471102024-02-14T09:30:20Z2024-02-14T09:30:20ZIn Illinois, the phrase "the child's best interests" is fundamental in cases involving a child's welfare. But what does it mean? How is it determined? As a parent, it's important for you to understand that decisions involving your child aren't arbitrary. They're based on specific factors that reflect your child's life and future well-being.
Children at the forefront of family law decisions
The principle of "the child's best interests" is a set of standards the court uses in matters including parental responsibilities and parenting time. This approach is not one-size-fits-all. It's tailored to your child's unique circumstances and your family situation.The court prioritizes your child's needs and considers factors such as:
Your child's wishes: If they can express mature preferences, the court will consider them.
Your and your co-parent's wishes: Your wishes matter. But the court will weigh them against what's best for your child.
Your child's relationships: The court considers your child's emotional ties with you, your co-parent and any siblings.
Your child's adjustment to home, school and community: Stability is essential. The court considers your child's current and future environments.
The health of everyone involved: The court considers physical and mental health factors that could affect your child's well-being.
Each parent's ability to foster a healthy relationship: Both parents should support the child's relationship with the other parent. This is essential unless there are issues of abuse or neglect.
Keeping your child's needs above all is the guiding principle in all family law decisions. It's not just about what either parent wants but about creating an environment conducive to your child's growth and development.
Your child's needs above all
Every decision revolves around your child's best interests, ensuring their emotional stability, protecting their physical health and promoting happiness. For instance, in the allocation of parenting time, if the court determines that one parent's home is more stable, the child might spend more time with that parent. Otherwise, the court may decide on an equal parenting schedule. Navigating matters involving parental time and responsibility can be complex. So, consider seeking a legal professional. They can guide you through the process, always keeping your child's best interests at heart.]]>On Behalf of Ryan Family Law, P.C.https://www.ryanryanfamilylaw.com/?p=471092024-01-30T15:02:11Z2024-01-30T15:02:11Zmediation to resolve their disagreement to avoid undue stress and anxiety on them and the child.
If you and your coparent are looking into mediating your child visitation terms, here are things you need to know:
Preparing for the process
The mediation process is more than just talking to the other parent. To create a well-established arrangement, you have to gather relevant documents, such as work schedules, your child’s school and activity schedules and any pertinent information that will affect visitation. Moreover, you also have to consider your own schedule and be realistic about the time you can commit to visitation.
Being open to compromise
Mediation works well if both parents communicate amicably. This includes being flexible and open to compromise. Your and your coparent’s willingness to compromise allows for you to have constructive conversations and find creative solutions. Moreover, it helps you reach an agreement faster, allowing you to save time, money and emotional resources.
Considering factors that matter most
During mediation, your primary goal should be to arrange a visitation schedule that serves the best interests of your child. With this in mind, you can work with the other parent toward providing stability for your child and allowing them to maintain a healthy relationship with each of you.
In mediating a workable visitation schedule, it is essential for you and your coparent to carefully prepare for the process, embrace compromise and prioritize your child’s best interests. This will allow you to create a fair and flexible agreement, benefiting both you and the other parent while ensuring your child’s well-being.]]>On Behalf of Ryan Family Law, P.C.https://www.ryanryanfamilylaw.com/?p=471072024-01-18T09:03:20Z2024-01-18T09:03:20ZThe school offers stability to the child
Before parents open up about the divorce to anyone from the school, it is critical to discuss it with their child first to avoid unnecessary feelings of betrayal. The approach often depends on the child’s age, as their maturity can impact how they will receive the life-altering news.
Once the parents have taken the time to explain their family’s new circumstances to the child, they can now reach out to the school staff regularly interacting with the child and directly supervising the child’s education.
The parent-school talk is primarily important because the child associates the school with fun, friends and learning. This dispute-free environment offers them stability, reassuring them that there some aspects of their life can stay the same. Aside from this, parents must also be aware of the following reasons:
The school can monitor the child’s behavior to aid the parents in addressing potential adverse emotional and mental issues.
The school can keep an eye out on the child’s academic performance and relay to the parents if the problems at home are negatively affecting the child’s grades.
The school can help keep track of the child’s transportation schedule, or whether a parent picks them up or drops them off on time.
Illinois divorce involves several moving parts. Unfortunately, significant changes can influence the child’s growing years. So, the school can provide additional assistance to the parents in ensuring that the child continues to find a safe place to express themselves.
The school forms part of the family’s support system
Parents can unburden themselves from the stress of divorce by seeking as much help as they can. The school can be a vital anchor for their child, so parents can focus on other divorce concerns. However, parents must also be wary not to share more information than they should with the school. Their legal team can guide them on what they can or cannot do to protect their interests and the child’s future.]]>On Behalf of Ryan Family Law, P.C.https://www.ryanryanfamilylaw.com/?p=471032024-01-11T03:07:50Z2024-01-11T03:06:43ZWhen it comes to the division of property during a divorce, not all states follow the same rules. In states like Illinois, community property laws are not in effect. This means that the court doesn't split property 50/50 but determines the division of marital property using different criteria.
It is crucial for couples to understand what the absence of community property laws can mean, especially for those seeking a divorce. It can help them determine what to expect in terms of their share of marital property after finalizing the divorce.
Illinois uses the equitable distribution approach
When a married couple acquires property during their marriage, it counts as “marital property.” Only certain states use community property laws to divide marital property; they include Arizona, California, Idaho, and Texas, among others. There, the courts divide all marital property equally between the spouses upon divorce. These properties can consist of assets acquired individually during the marriage.However, Illinois does not subscribe to community property laws; it uses other factors to determine how to distribute assets between the couple. The courts follow the principle of “equitable distribution.” This means Illinois divides property in a way that the court deems equitable— what is fair and just — rather than splitting it equally down the middle.
Various factors are considered
During the property division process in Illinois, the court considers each spouse’s financial situation, earning capacity and other relevant factors. The goal is to achieve a fair division of property according to the couple’s specific circumstances. When there are disagreements over assets, like an art collection, equitable distribution takes effect. In such a situation, the court considers various factors to decide who gets the pieces of art in a way that is fair to both parties. The legal complexities of marital property and division can be overwhelming. So, you should consider seeking the assistance of a family law lawyer to guide you in the divorce process. While it may seem challenging, it is indeed possible to secure your fair share of assets and protect your interests during the divorce proceedings.]]>On Behalf of Ryan Family Law, P.C.https://www.ryanryanfamilylaw.com/?p=471022023-12-21T11:00:09Z2023-12-21T11:00:09Zhow birdnesting can be beneficial for your child can help gauge if it suits your family’s circumstances.
Birdnesting can help your child cope
Studies show that divorce tends to have a negative impact on your child’s well-being. The range of emotional and mental effects often includes social, behavioral and interpersonal problems. As they age, they are also at an increased risk of suffering from anxiety, depression and other health issues.
To mitigate potentially harmful consequences, birdnesting may be a viable option:
Providing stability: Your child can be in the familiar comfort of home. You do not have to uproot them from their school, neighborhood and other social circles.
Minimizing disruption: There is less stress without the need to keep moving between two homes. Instead of spending time packing and traveling on the road, the child can have increased quality time with you and your ex.
Reducing conflict: As you only interact with your ex in a limited capacity, there are fewer chances to argue about every detail. This way, the child’s exposure to inevitable tension when you cannot be on the same page also lessens.
While birdnesting cannot fully guarantee that your child will not experience difficult days, it can be a place to start. Consider it as a short-term solution as you figure out a more permanent arrangement.
Birdnesting can also result in future strains
As in every approach, birdnesting may also have its downsides. Maintaining another residence on top of the shared family home can be an additional financial burden. Also, it may affect everyone’s healing process to live, to some extent, as if nothing has changed. As a result, it can only confuse your child’s emotions. When things become overwhelming, you can always form a support system with your family, friends and legal team to guide you in making sound decisions for your child’s future.]]>On Behalf of Ryan Family Law, P.C.https://www.ryanryanfamilylaw.com/?p=470992023-12-11T15:25:26Z2023-12-11T15:25:26ZThe most important requirement
Divorce settlements will not work if the parties do not openly communicate, compromise and mutually agree on divorce issues.
If you are contemplating an uncontested divorce, you must consider your and your soon-to-be ex-spouse’s willingness to deal amicably with each other and come to an agreement on divorce issues, such as property division and spousal support.
While disagreements may arise during the process, an uncontested divorce can be a success with both parties’ willingness to agree and the guidance of a competent legal representative.
Not a suitable option for domestic violence cases
While separating parties are free to choose the method of their divorce, spouses with a history of domestic violence are discouraged, and in some cases prohibited, by courts to settle privately. On top of safety concerns, settlements will likely not work due to the power imbalance between parties, with the abuser controlling the terms of the divorce agreement.
In cases like these, it is usually best to have the court decide on divorce issues.
Exploring options by looking into your situation
An uncontested divorce can be a less stressful alternative for separating couples willing to agree on key issues. Not only is it cost-effective and time-saving, but it can also preserve amicable relationships. However, it is a method that requires mutual consent and may not be suitable in certain cases.
Ultimately, your unique situation will determine the right path. Seeking professional advice about whether uncontested divorce is for you can help protect your interests and future well-being.]]>On Behalf of Ryan Family Law, P.C.https://www.ryanryanfamilylaw.com/?p=470942023-11-29T15:23:32Z2023-11-29T15:23:32ZA prenup is an exception to the general rule
In Illinois, courts divide marital properties fairly and equitably between spouses. This may or may not mean a 50/50 split. Ultimately, the division will depend on several factors, such as the marriage’s duration and each spouse’s contribution to the assets.
However, some instances allow parties to deviate from this general rule on property division, one of which is the existence of a prenup agreement. With this contract, the division will be based on the previously agreed terms of the parties, regardless of whether the split is exactly half or one spouse receiving more than the other.
It is not an absolute exception
Although prenups can deviate from the general rule on property division, they still have to comply with the law to be enforceable. A prenup should be in writing and signed by both parties, among other enforceability requirements.
Moreover, the court may still review the contents of the prenup to ensure that they are fair and reasonable, given the unique circumstances of the case.
Using a prenup to your advantage
A prenup is a valuable tool in divorce. It can significantly affect how a property division proceeds. Nonetheless, it is equally important to acknowledge that its effectiveness depends on its legal compliance and overall fairness. Carefully reviewing your prenup with proper legal guidance before and during the divorce will help you protect your rights.]]>