Posted on September 13,2024 in Child Custody / Parental Responsibilities

Illinois courts generally prefer joint custody arrangements. Even if one parent has primary visitation rights, both generally have a say in important decisions that affect their child, including making choices about their education. As homeschooling grows in popularity, divorced parents are finding themselves entangled in disagreements when one parent wants to homeschool the child, but the other is opposed. Some children benefit immensely from the social setting of being in school, while others are far more suited to a homeschooling arrangement. Likewise, some parents would be excellent at teaching their own children, and others would struggle. When you and your ex share parental responsibilities and need to make decisions together, it can be hard when you disagree about what is best for your child. If you are dealing with this challenging situation, speak with an experienced Skokie, IL joint custody attorney to review your options.

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 Posted on August 22,2024 in Divorce

One of the most common questions new clients ask at their first meeting with our Illinois divorce lawyer is how long the divorce itself will take. For many people, the decision to end their marriage was not an easy one, and they just want to be able to move forward with their lives and futures as quickly as possible.

The answer to that question is that there is no solid answer. Every case is different, and even the most agreeable of divorces can quickly turn contentious, resulting in long, dragged-out battles. The following are the four different categories of divorce in Illinois. Your lawyer will evaluate your situation and advise you on which process would be the most appropriate in your case.

Joint Simplified Divorce

If a couple has been married for less than eight years and agrees on all issues (including how assets and debts will be divided), they may qualify for a joint simplified divorce. The couple must not have any children together, and one spouse cannot be pregnant by the other.

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 Posted on August 15,2024 in Divorce

Although divorce rarely happens under optimal circumstances, certain issues can make the divorce process considerably more difficult. Mental illness, which affects one in six U.S. adults, is one factor that can make divorce harder for everyone – not least the person struggling with the mental illness. 

Parents with mental illness who have minor children may feel more threatened by divorce. Not only can the stress of divorce exacerbate mental health disorders, but the prospect of having a mental illness scrutinized in front of a court as parents make decisions about child custody can be very intimidating. 

If you are considering getting divorced, or if your spouse has already filed for divorce, and you know your or your spouse’s mental illness is likely to be a significant factor in the outcome of your divorce, contact The Law Offices of Curtis Bennett Ross, L.L.C. today. We work with divorcing spouses from all walks of life and handle every case with the sensitivity and individuality it deserves. 

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 Posted on July 25,2024 in Divorce

Around 21 million Americans have at least one addiction. Twenty percent — approximately 28 million adults — have an alcohol use disorder. People who abuse alcohol, drugs, or gambling not only hurt themselves but can also harm their relationships with others. Marriages involving a spouse who has an addiction can be deeply impacted, with some ending in divorce.

Illinois does not recognize fault in divorce. This means that when you file for a dissolution of marriage, the court will not blame either spouse for causing it. If one spouse was addicted to alcohol, drugs, or gambling, for example, it would not affect a court’s decision about whether to grant a divorce decree. All the court needs to know is that there are "irreconcilable differences."

However, if one spouse has a history of addiction, it can affect certain parts of the divorce process. As we explore this further, remember that an Illinois divorce attorney is the best resource for questions about addiction and divorce.

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 Posted on July 14,2024 in Child Custody / Parental Responsibilities

If you are divorcing, you know how much stress it can cause emotionally, mentally and physically. If you have children, remember that parental separation or divorce is often traumatic for children, too. The effects of divorce impact each child differently, with most children in the same age group experiencing similar issues.

As part of your divorce, you will need to create and submit a parenting plan that outlines various parental duties and parenting time arrangements. To protect the best interests of your children, you need to customize your parenting plan with their ages in mind. If you need help tailoring your parental responsibilities to your children’s ages, contact an experienced divorce attorney.

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 Posted on June 27,2024 in Spousal Support

Divorce comes with many kinds of challenges. Spouses who decide to end their marriage often face financial, emotional, and mental difficulties. For homemakers or stay-at-home parents, these challenges are sometimes more pronounced. This is particularly true of financial difficulties stemming from divorce. Homemakers usually are not part of the workforce and have trouble finding gainful employment after the marriage ends.

As with many divorces, however, an experienced Illinois divorce attorney can help minimize these challenges or prevent them completely. If you are a homemaker facing divorce, consider discussing the following courses of action with your lawyer.

Ask for Interim Spousal Maintenance

If you are a homemaker or stay-at-home parent and your spouse is employed, a judge may order your spouse to pay you spousal maintenance, or alimony, after the divorce. This will provide you with some measure of support while you work on becoming self-sufficient. 

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 Posted on June 18,2024 in Divorce

When people hear “restraining order,” they usually think of domestic abuse. These restraining orders, called Orders of Protection, are issued against abusive spouses. In some divorce cases, however, a court will issue a financial restraining order. As the name suggests, the purpose of this order is to protect against certain types of financial abuse.

In some divorces — particularly those involving high-value assets — one spouse might try to hide, spend, or destroy assets before it is divided between the parties. If you have reason to believe your spouse will do this, ask your Illinois divorce attorney to petition the court for a financial restraining order.

Here are three things to know about financial restraining orders in an Illinois divorce.

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 Posted on May 26,2024 in Spousal Support

Financial assets are a major part of the divorce process. They need to be accounted for and divided between the spouses. They also play a role in determining which spouse pays family maintenance, such as spousal support and child support, and how much maintenance payments are. When making these decisions, a court will take into account:

• Bank account balances

• Investments

• Real estate

• Pensions

• 401Ks

But what about less traditional financial assets like cryptocurrency? Crypto is considered a financial asset and can impact divorce in several ways, which this article will discuss. If you are storing cryptocurrency, make sure to consult an Illinois divorce attorney who can walk you through your options.

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 Posted on May 17,2024 in Divorce

Many couples who feel their marriage is failing file for divorce. But Illinois law offers another option that some couples find appealing: legal separation. Being legally separated allows two spouses to live separately but remain legally married. It is seen as a halfway point between marriage and divorce and has several benefits.

Sometimes, however, divorce may be the better choice. The best way to know which is best for you is to consult a skilled Illinois divorce attorney who can explain to you the pros and cons of each option.

This article will discuss what legal separation is, why some couples choose it, and whether you can continue living with your spouse if you are legally separated.

What is Legal Separation?

Illinois law allows couples who live “separate and apart” to file for legal separation. This means that before the spouses petition the court they must be living separately. Being legally separated has many similarities to divorce, for example:

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 Posted on April 24,2024 in Divorce

Fighting out a divorce in court, otherwise known as litigation, should be a last resort. Divorce court battles are often costly, hostile, and messy. For this reason, judges usually encourage divorcing couples to first try resolving their differences outside of court through alternative dispute resolution. 

There are two main types of alternative dispute resolution when it comes to divorce:

• Mediation

• Collaborative law

This article will discuss each type of alternative dispute resolution. A qualified Illinois attorney can help you decide which one is best for you and can guide you through the entire divorce process.

What is Mediation?

When two people get divorced and disagree on certain issues, a judge will usually order them to attend mediation. This is where both sides will meet with a mediator, who is a neutral third party appointed by the court to help them resolve their differences. The mediator is trained in negotiation and will try to get both parties to compromise on the issues that are in dispute. In a mediation session, the mediator will meet with both parties together and then place them in separate rooms, going back and forth to meet with each one separately.

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