Whether you and your soon-to-be-ex are on good terms, or you cannot stand to be in the same room together, one thing is certain: Co-parenting with someone to whom you used to be married is hard. Even if you initially agree on child custody terms, disagreements and complications are bound to arise. This is why it is so important to build a strong parenting plan during your divorce. A well-thought-out parenting plan can help you and your child’s other parent focus on what really matters: Your kids.

Try to Work Out an Agreement that Minimizes Conflict

When parents divorce, they are required to submit a parenting plan to the court for approval. If the parents cannot agree on the plan, the case may eventually end up at trial. Child custody disputes are stressful for adults and children. If you can, try to reach an out-of-court agreement. Mediation may be a useful tool if you and the other parent are able to discuss issues cooperatively. However, if the situation is more contentious, negotiating an agreement through your attorneys may be the better option.

Include More Than the Bare Minimum

Illinois law describes 15 different issues that must be addressed in your parenting plan. You will need a parenting time schedule or detailed method for determining parenting time, an allocation of decision-making responsibilities, information about how the children will be transported between households, and much more. However, parents are encouraged to include additional information. The more detailed your parenting plan, the better. Consider the parenting obstacles you may encounter in the future and make a plan for how to deal with them. For example, which parent will get to spend time with the child on his or her birthday? How will parents transport the children to and from extracurriculars? How much time will children spend with grandparents and other family members? The more you can decide on in advance, the less you will have to decide in the heat of the moment.

Getting divorced is much more than deciding not to be married any longer. Divorcing spouses must also determine the terms of the divorce. Depending on their unique situation, they may need to address the distribution of marital property and debts, parenting time schedules, parental responsibilities, and spousal maintenance or alimony. If the couple can agree on these issues out of court, they may be able to save themselves time, money, and frustration. Mediation is one method of alternative dispute resolution that many divorcing couples find beneficial; however, it is not sufficient in every case.

Advantages of Divorce Mediation

During mediation, both spouses sit down with a mediator to discuss the unresolved divorce matters. They may negotiate the terms of their property division arrangement, decide who will keep the kids on what days, determine the amount and duration of spousal maintenance, and more. The mediator helps the couple stay focused and explore various solutions and compromises. Using mediation to resolve divorce issues allows you to stay in control of your divorce’s outcome. It may also help parents stay on relatively good terms so that they can build a functioning co-parenting relationship for the sake of their kids. The conversations you have during mediation are also confidential.

Mediation Alone Is Not Always Enough

In Illinois, divorcing couples are sometimes required to attend mediation. If you and your spouse are struggling to discuss divorce issues calmly and productively, mediation may be useful. In many cases, mediation is a great first step. However, you may need to take additional action to fully resolve the divorce issues.

No divorce is without conflict or complication. However, some divorce cases are more complex than others. If you are thinking about divorce and you are over age 50, it is important to consider the unique obstacles you may face. “Gray divorce” or divorce involving older couples often involves unique legal and financial issues that divorcing couples in their 20’s or 30’s may not face. Consequently, it is highly recommended for older spouses to work with an experienced divorce lawyer versed in gray divorce issues.

Divorce and Your Retirement

One of the top concerns during a gray divorce is how the divorce will affect retirement. Many people wonder if they will be forced to share their hard-earned retirement with their spouses during divorce. They fear that they will be forced to take out funds early and suffer the associated withdrawal penalties or delay their retirement. Divorcing individuals who were homemakers or stay-at-home parents worry about how they will make ends meet during their golden years and whether they will have access to their spouse’s retirement benefits.

In Illinois, retirement benefits that a spouse accumulated during the marriage are considered marital property. Both spouses have a right to a portion of the retirement funds. A qualified domestic relations order (QDRO) is typically used to divide retirement and pension plans in an Illinois divorce. Spouses may also negotiate a property division arrangement in which one spouse keeps retirement funds, and the other spouse keeps property of equivalent value. A skilled divorce lawyer can help you determine the best way to address retirement accounts during your divorce.

Severe and fatal truck crashes can happen in the blink of an eye. Few videos demonstrate the immediate chaos of a semi-truck crash better than a recent video of a fatal Illinois truck accident. The video shows the semi-truck careen into oncoming traffic before bursting into flames. Sadly, the October 5, 2021 accident left the 34-year-old truck driver with fatal injuries. Paramedics pronounced the driver dead at the accident scene. Truck crashes like these are not uncommon in Illinois and victims are often left with gruesome injuries that require long-term medical treatment.

Truck Accident Liability Is Not Always Clear

Crashes involving large commercial trucks can be caused by any number of factors. Sometimes the truck itself is the underlying cause of the accident. Trucks that have not been properly serviced may contain weaknesses that make an accident inevitable. Manufacturing or design defects in the truck’s tires, steering mechanism, brakes, or other truck parts can also cause preventable truck crashes.

The truck driver, or more likely, the driver’s employer, may be liable for truck crashes called by driver negligence. Fatigued driving, distracted driving, and intoxicated driving may all contribute to a truck collision. In some truck crashes, several different parties share responsibility for the accident. Determining who is legally responsible for a truck crash and gathering evidence of that party’s negligence is a huge component of building a strong truck accident claim.

Spousal maintenance, spousal support, and alimony are all terms used to describe financial support that one spouse pays to the other after a divorce. Traditionally, spousal support was paid by husbands to wives. However, Illinois law now treats women and men the same with regard to spousal maintenance entitlement. If you are getting divorced, you may have questions about how much spousal maintenance payments will be and how long these payments last. The amount and duration of spousal maintenance vary from case to case, but there are general rules that apply to all divorce cases in Illinois.

How Much Money Does a Spouse Receive?

A spouse may be entitled to maintenance payments if the couple agrees to maintenance in a valid prenuptial or postnuptial agreement or during the divorce process, or if the court awards maintenance based on the spouses’ financial circumstances. If the payment amount is decided by the court, a statutory formula is typically used to determine maintenance. A quarter of the recipient spouse’s annual net income is subtracted from a third of the paying spouse’s annual net income to determine the amount of maintenance. In some cases, Illinois courts deviate from this rule; however, this is usually how maintenance is calculated.

How Long Do Spousal Maintenance Payments Last?

The duration of spousal maintenance varies. Typically, maintenance is paid on a time-limited basis. This financial assistance gives the recipient spouse time to find suitable education and employment. However, permanent or indefinite maintenance may be available for marriages lasting 20 years or longer.

It may be hard to believe, but Christmas is just a few months away. If you are a parent who plans to divorce or has already started the divorce process, it is important to consider how you will account for holidays in your parenting plan. Where a child will spend Thanksgiving, Christmas, Hanukkah, Easter, and other holidays is often a major point of contention. Many parents have strong feelings about who their child should spend these special days with. Holidays can also present co-parenting challenges because of the disruption in school and childcare routines.

Parenting Time Schedules in Your Illinois Parenting Plan

Although we still use the words “custody” and “visitation” informally to refer to parenting matters in a divorce, Illinois laws no longer use these words to refer to child custody matters. Instead, parents decide on an allocation of parental responsibilities, or decision-making authority, and parenting time, or time spent caring for the child.

Illinois law requires divorcing parents to submit a parenting plan to the court for approval within 120 days of seeking a custody order. The parents may agree on the plan’s terms and submit the plan jointly, or if they cannot agree, parents may submit separate plans. When parents cannot agree, the court typically requires the parents to attend mediation. If an out-of-court agreement still cannot be made, the court may decide on the parenting plan terms for the parents.

Equitable distribution states, such as Illinois, courts equitably divide assets and debts during divorce. The assets and debts are considered the couple’s marital property, and the division of such property can be complex. Businesses may also fall under the umbrella of marital property. The two parties will have to appropriately divide the interest they share in the business, often requiring the assistance of expert witnesses to value the business’s assets effectively. 

Businesses Can Be Considered Marital Assets

Businesses will automatically be considered marital property if the spouses are co-owners. However, there are several additional ways in which a business may be deemed marital property. For instance, if the business was formed after the two parties married, it will likely be considered marital property. Alternatively, when businesses are formed prior to marriage, they likely will not be included in marital property. An exception to this would be if the other spouse made direct or indirect contributions to the business throughout the marriage. 

Prenuptial agreements can help to prevent businesses from being considered marital property in the event of a divorce. Alternatively, if the business is formed during the marriage, a postnuptial agreement can be utilized to clarify ownership of the business.

Suffering injuries from an accident can have a devastating impact on your livelihood. Whether the accident involves a car crash, a slip and fall, or another incident, unexpected injuries can have profound financial and non-financial consequences. Pursuing a personal injury claim greatly focuses on negligence and holding the at-fault party accountable. However, when both involved parties share the responsibility, the case can become complex. Illinois follows a legal doctrine called comparative negligence in shared-fault accidents. The laws regarding comparative negligence should be thoroughly considered when pursuing a personal injury claim in Illinois.

Understanding Comparative Negligence

One of the most conflicting tasks after a traffic accident is determining who was responsible for the crash. In some cases, the fault is very obvious, however, when it is not as apparent, it can complicate the accident further. The concept of comparative fault, or comparative negligence, comes into play when both parties involved share the responsibility for the accident, specifically when people or property is damaged as a result.

Some states apply pure comparative negligence, however, Illinois has adopted a new standard for recovering damages after an accident, referred to as modified comparative negligence. Modified comparative negligence is the most popular approach to establishing fault after an accident and determining recoverable damages. This legal doctrine states that a party will not receive compensation if they are found to be equally negligent or more negligent for the resulting injuries or property damage than the other liable parties. If the injured party is less than 50 percent responsible for the injuries, the recoverable amount is reduced by the degree of the receiving party’s negligence. 

Alimony, technically called “spousal maintenance” in Illinois law, refers to financial support that one spouse pays the other spouse after a divorce. Temporary spousal maintenance orders called “temporary relief orders” may also be issued if a spouse requires financial support while the divorce is ongoing. Spousal maintenance or spousal support is an important source of financial assistance, especially for stay-at-home parents and spouses who have been out of the workforce for several years. There are three main legal avenues through which spousal maintenance is awarded in Illinois.

Prenuptial or Postnuptial Agreements

A prenuptial agreement is a legally binding contract that spouses agree to before getting married. Prenuptial agreements, or “prenups,” address important financial concerns if a married couple divorces or a spouse passes away. Through a prenup, a couple can agree to a spousal maintenance arrangement in advance. This can save a great deal of time and stress during a future divorce. A postnuptial agreement is very similar to a prenup, but the couple drafts the agreement after they are already married.

Spousal Maintenance Agreements in the Divorce Settlement

Movies and television often make it seem as if most divorce cases go to trial. In reality, about 95 percent of divorces are settled before trial. Often, the spouses, or the spouses’ respective attorneys, negotiate the terms of the divorce and reach an out-of-court settlement. Whether you are the paying spouse or the recipient spouse, a skilled divorce lawyer can protect your rights and advocate on your behalf during spousal maintenance negotiations. Once you and your spouse reach an agreement on the amount, duration, and conditions of maintenance, this agreement can be written into the final divorce decree.

The financial impact of divorce can be profound. Divorced spouses may be left carrying a heavy financial burden months or years after the split. In some cases, spouses are not even aware of their financial circumstances until they reach the end of their marriage. They may start readying financial documents in preparation for divorce only to find that their spouse has squandered funds, sold property, or otherwise wasted assets unbeknownst to them. In other cases, a spouse’s financial recklessness is the main catalyst for the divorce.

Regardless of the exact circumstances, if your spouse has wasted money or property and you are getting divorced, you may be able to recover some or all of this property through a dissipation claim.

What is the Purpose of a Dissipation of Assets Claim?

A dissipation of assets claim is a legal claim used to pursue reimbursement for property that was wasted before the divorce. If your claim is successful, your spouse will be required to reimburse the marital estate for the funds that were lost to dissipation. You would then be entitled to an equitable share of that property per Illinois’s equitable distribution laws.

Distracted driving is one of the leading causes of car accidents. In fact, according to the Centers for Disease Control and Prevention (CDC), eight people are killed every day in the U.S. in collisions with distracted drivers. If you were injured in a car accident caused by a distracted driver, you should speak to a personal injury lawyer about your legal options.

Why Distracted Driving is Dangerous

Distracted driving occurs when drivers engage in any activity that diverts their focus from the road. Common distractions that drivers are faced with include talking on the phone, reading text messages, changing the radio station, and reaching for items in the vehicle.

When drivers take their attention off the road for any reason, they cannot see other vehicles and hazards on the road. For example, if the vehicle in front brakes suddenly, the distracted driver may not notice in time to avoid crashing into that vehicle.

Getting a divorce can be a major emotional undertaking. While that does not come as a surprise to most people, many people do not realize that divorce also has a large financial impact. Most married couples have finances that are intertwined to some degree. Even though this makes things easier and usually makes sense during a marriage, it can make things more difficult and stressful during a divorce. The key to success in your finances and your divorce, in general, is thorough preparation. If you are thinking about divorce or you are in the beginning stages of the process, here are a few things you can do to help prepare your finances and set yourself up for success after your divorce is finalized.

Open Up a Bank Account in Your Name Only

One of the first things you should do when you know that the divorce is definitely happening is to begin to separate your finances. The easiest way to start doing this is to open up a new bank account with only your name on it. You can begin to deposit your own income, like your paycheck from work, for example, into your bank account, rather than into a joint account held with your spouse. You will also likely be entitled to a significant portion of the funds in any joint bank accounts, and these can be transferred into your new account once your divorce resolution is finalized.

Pull Your Credit Report

You should also be cognizant of what your current financial situation looks like. You can do this by pulling a copy of your credit report online. By law, you are entitled to one free credit report each year from each of the three major credit bureaus. Your credit report will list any and all debts that you may owe both solely and jointly. These could include auto loans, mortgages, credit cards, and other loan accounts. Your credit report can help you understand what you will owe each month and can help you figure out what you need to separate.

The marijuana landscape in the United States has been rapidly changing for the past couple of years. In 2020, the state of Illinois legalized marijuana for adult recreational use, making it legal for adults to purchase, use, and possess cannabis under certain circumstances. However, even though it is legal in Illinois, cannabis remains federally illegal. It is still classified as a Schedule I substance, which is thought to be the most dangerous class of drugs. Many parents going through a divorce typically have concerns about their children and how their parenting time and decision-making responsibilities will be allocated. Parents who are legal marijuana users often worry if their drug use will affect their ability to gain custody over their child. However, the answer to that question can be complicated. 

What Does the Law Say?

According to the Illinois Cannabis Regulation and Tax Act, there are certain situations in which cannabis use cannot be used to discriminate against certain individuals -- including parents. The Act states that a parent, legal guardian, grandparent, or another person who is responsible for caring for a child is protected from discrimination for their marijuana use when it comes to determining things like child custody, parenting time and decision-making responsibilities. This means that you cannot be denied your parental rights by the court for the sole fact that you are a cannabis user.

How Do Judges Decide?

However, that does not bar the court from making decisions pertaining to child custody if your cannabis use endangers the welfare of your child. Typically a court will conduct a hearing if your child’s other parent expresses concern about their child’s wellbeing because of your marijuana use. If this is the case, the court will examine the facts surrounding the situation similarly to how they examine alcohol use. If the court finds that your usage interferes with your child’s wellbeing, they may place restrictions on parenting time or decision-making responsibilities. Examples of marijuana usage that may affect custody include:

If you are looking to get a divorce, you have likely encountered a long list of things that must be done before the divorce can be completed. One of the many steps that must be taken during a divorce is dividing marital property. This is one of the areas of divorce that is notorious for producing arguments and disagreements, even if you and your spouse are otherwise on the same page. The decisions made during this process are decisions about nearly every single piece of property that you own. If you make decisions that are not in your best interest, it can affect you for the rest of your life.

Marital Versus Nonmarital Property

The first step in the asset division process is determining what is and is not subject to division. Illinois law states that all marital property is subject to division, except for a few circumstances. Marital property is considered to be any asset or debt that you or your spouse acquired during the marriage. Certain assets that were acquired during the marriage, however, are exempt from division. These items include property acquired from a gift or through inheritance, property acquired in exchange for such property, property excluded from division as per a valid prenuptial agreement, and any property acquired after a judgment of legal separation.

Understanding Equitable Division

Once you have determined the property that is actually subject to division, you will then have to determine who gets which assets and debts. The court encourages couples to come to their own property division agreement, but unfortunately, that is not always feasible. 

Slip and fall accidents are much more common than you would think. According to the Centers for Disease Control and Prevention (CDC), there were more than 8 million recorded hospital visits for fall injuries in 2019, making falls the leading cause of emergency room visits. Though it may seem extreme, falls can actually result in serious injuries, like broken bones, traumatic brain injuries or other soft tissue damage. To claim compensation for these injuries, you must be able to prove that the property owner was negligent. This can be a challenging feat, but an Illinois premises liability attorney will be able to help you make that determination. 

Defining Negligence

There are various definitions to the word “negligence,” but it has a specific definition in the legal world. Illinois law states that negligence occurs when a person fails to do something that a “reasonably careful” person would do. Negligence can also occur in the opposite situation, when a person does something that a “reasonably careful” person would not do under the same circumstances. The law does not, however, provide a definition of a “reasonably careful” person and leaves that to the discretion of the judge and/or jury. 

How to Prove Property Owner Negligence

A successful slip and fall injury case will be able to prove that the property owner was negligent and liable for your injuries. In these types of cases, you hold the burden of proof and are responsible for proving the negligence of the property owner. To do this, there are certain criteria that must be met before you can make the claim of negligence. Your attorney will build a case to prove each of following:

Almost any issue that is discussed during divorce negotiations has the potential to become a contested issue. Even if you go into your negotiations with the goal of being cooperative, there is still a possibility that you and your spouse will not agree on certain things. When it comes to child-related issues such as parenting time and even child support, emotions and feelings can be at the forefront of these discussions. Both parents have the duty to provide financial support for a child, which is reflected in the child support formula that now takes into account multiple factors to calculate the parent’s payment. Before you discuss child support with your spouse, it can be beneficial to understand how the child support calculations are made. 

Determine Your Basic Support Obligation

Before you can determine who will pay support to who, you must first determine how much the state of Illinois thinks is an appropriate amount that both you and your spouse should spend on your child each month. This is called the basic support obligation. The basic support obligation is determined by adding together both parents’ net monthly incomes and then finding the matching basic support amount as shown in the schedule of basic child support obligations. This amount takes into account both parents’ incomes and the number of children between the parents. Then you will need to determine each parent’s percentage share of the basic support obligation. This is typically done by using the percentage of each parents’ share of the total household income.

For example, if Parent A has a net monthly income of $2,500 and Parent B has a net monthly income of $4,500, the net monthly household income is $7,000. If this couple has three children, this means that the basic support obligation between both parents is $2,035.

Nearly all financial aspects of divorce are complex, but few are quite as confusing and consequential as the 401(k) retirement plans. Unlike other assets, these accounts often lead to costly penalties when dividing them, and those who dip into them to fund the actual divorce often find themselves in even more financial trouble. Learn how to effectively divide your retirement plan in divorce, and how the assistance of an attorney can mitigate the risks.

The Complexities of QDROs

Qualified domestic relations orders, or QDROs, are used to divide retirement and pension plans in divorce. They are also exasperating and frustrating for those who do not know how to handle them. This is especially true when the QDRO is handled by a third party. Additional fees can be added when things do not go smoothly (such as failing to follow a third party’s outlined instructions)—sometimes two to three times more than what the divorcing parties might have otherwise paid. 

Approaching divorce with the right perspective is often much easier said than done, but when you are able to look at the end of your marriage through a positive lens, the outcome is always healthier and less stressful for everyone involved. Grief and healing are processes that inevitably take time, but when you channel your energy into staying focused on new beginnings that will result from the separation, the road to peace and acceptance is generally less bumpy.

Here are three ways to help yourself develop a positive perspective on divorce:

More than 5 million auto accidents occur in the United States each year. In those crashes, over 1.5 million people are injured. Some injuries are minor, but others can have a significant impact on the life of the victim. Sadly, not all of these severe injury victims will receive compensation. This is because far too many of them do not seek treatment until it is too late. If you are involved in a vehicle collision, it is extremely important to know how to avoid the same troubling fate.  

Adrenaline and Injury Symptoms

When a crash happens, the body of a person who was involved usually becomes flooded with adrenaline. The release of adrenaline tends to create the “fight or flight” response. It also redirects the body’s attention away from registering pain to a large extent. This natural response to trauma can mask the symptoms of an injury, leading the victim to believe they are fine. Even more troubling is that, even when symptoms do start to manifest, victims may not directly attribute them to the accident. If they continue to overlook the connection and never seek treatment, their risk for long-term complications and even death can increase dramatically. 

If the health, safety, or well-being of a child is in question, the court may opt to either suspend or restrict the parenting time of a parent. Alternatively, the court may order supervised visitations. In either case, it is the concerned parent who carries the burden of proof. Sadly, far too many parents are not prepared and their children continue to face danger for longer than necessary. Learn more about how to protect your child with help from the following information and an experienced attorney.

Burden of Proof

Parenting time in Illinois is protected, not for the sake of the parent, but for the sake of the child. In short, it indicates that a child has the right to emotional and financial support from each parent. So, under the eyes of the law, the restriction, suspension, or order of supervised parenting time is a limitation of the child’s rights. It is from this angle that parents can understand why a preponderance of evidence is needed to limit or restrict parenting time.