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Showing posts from August, 2020

Mental Health Evaluations in Chicago Divorce Cases

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During a divorce, clients often ask about using psychological or mental health evaluations  to assess the mental health of the other party.  While some people believe their ex is "crazy", only in extreme cases is a mental health evaluation granted or allowed by Chicago family courts, or even relevant.  Usually, mental health comes into play when there are concerns regarding the allocation of parental responsibilities and parenting time, as it is a factor that can be considered by a Judge.  Substance abuse issues can also trigger mental health issues and arguments, as well as Orders of Protection .  Requesting Mental Health Evaluations in Illinois Family Court If a true mental health evaluation is necessary, it is provided for under Illinois Supreme Court Rule 215 .  That rule indicates that a person can request a mental health evaluation for their spouse, but it isn’t without caveats/repercussions.  First and foremost, the requestor has to pay for it....

What is the Collaborative Divorce Process?

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  A collaborative divorce process is a divorce process where both parties agree to work out an agreement with the help of a collaborative attorney and several other professionals without filing motions with the courts. The Collaborative Divorce Process  If you and your spouse decide to participate in a collaborative divorce, you both have to agree to the collaborative divorce process, and each will hire your own collaborative attorney.  You will sign a collaborative agreement with your respective attorneys and then you, your spouse and your respective attorneys will work together to choose other professionals who will be retained by you and your spouse as part of the team of professionals who will work with you and your spouse to obtain a full agreement.   Professionals Involved in the Process The professionals that could be retained by you and your spouse during the collaborative divorce process, other than your respective attorneys, could be an Appraiser,...

Legal Separation or Divorce? What You Need to Know

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  Should you get a legal separation or divorce? As Chicago divorce attorneys , we receive many questions from people who are weighing whether they should pursue legal separation or divorce. So how do you choose? Unless there is a religious reason that bars divorce, or some other reason that makes divorce not an option, I would elect to get the divorce. Whether Legal Separation or Divorce, Court Filings, Agreements, and Paperwork is Required You still need to file petitions and enter agreements, whether you choose to pursue legal separation or divorce in Illinois .  People seem to think that a legal separation is easier to obtain, but you will still need to file pleadings (documents)  with the court and negotiate the terms of your legal separation judgment.  There is no escape from the necessary paperwork. It seems like a lot of time and money spent to obtain a legal separation when you would still need to come in and get your divorce later if one of you seeks to...

How Are Millennial Prenuptial Agreements Different?

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From our experience as Chicago family law attorneys, millennial prenuptial agreements tend to look a little different than prenuptial agreements from earlier generations.  For one, Millenials have a particular focus on finances.  People are getting married later in life than previous generations used to, which means that they have more assets to protect .  On the flip side, millennials also bring a lot of student debt into the marriage that the other party would like to protect themselves from.  Other issues that millennials tend to focus on are pet custody and the allocation of frozen embryos post-divorce.  Millennials Want to Protect Their Assets. People seem to be getting married later in life than they used to.  We have noticed a pattern where couples are getting married once their careers are established and have had years of working.  However, this also means that they have spent more time acquiring more substantial assets in their name as comp...

Children Return to School in the Age of COVID-19

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August is already here and that means that a school year will be starting before we know it!  It seems that there has been no universal “ return to school ” plan. in the United States, let alone in Illinois or the Chicagoland Metropolitan Area. It appears that the return to school -- whether or not it will be in person, virtual, or a combination of both -- is being left up to the individual school districts.  Return to School Issues for Parents This complicates issues for parents who are no longer married.  Many clients and potential clients are wondering how they will navigate this shift to potentially e-learning, a return to in-person schooling, or a hybrid, especially if they and their ex don’t see eye to eye.  So, how are parents who are tasked with making these decisions in light of the “new normal” able to do so even when they don’t even get along? What do they do? Consult Your Allocation Judgment (If You Have One!) The first thing I always do when a client ask...

How Do I Know I Hired The Right Divorce Attorney?

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  The process of a divorce is one unlike anything else you will ever go through.  It is intimate and personal to you, but also has a huge financial component that can affect your life in a huge way.  It is imperative that you are comfortable with your legal representation.  That being said, the divorce attorney who represented your best friend or your boss, or your Aunt, may not be the attorney who will best represent you.  So, how do you know if you hired the right divorce attorney ? Answer These Questions to Evaluate Your Lawyer There are certain things that you must pay close attention to when interviewing your divorce attorney, but also when working with your attorney, to ensure that you are in the best hands. Consider these questions to evaluate your attorney. 1. Does my attorney listen to me? Having an attorney who does not listen to what you are saying is a huge red flag.  Whether they are forgetting things that you already told them, or disregardin...