Facebook Twitter Our Blog
Search
Anderson and Associates, P.C.

Free Initial Consultation

847-995-9999

Recent blog posts

Arlington Heights family law attorney sole child custodyWhen parents break up, decisions about who children will live with can often lead to highly contentious disputes. While a court is more likely to recommend joint, or shared, child custody, it is not impossible for a parent to get sole custody in the right circumstances. 

Shared vs. Sole Custody

In Illinois, custody is referred to as allocation of parental responsibility. When a parent has sole custody, the child is his or her total responsibility, and the parent will have the right to make decisions about the child’s education, medical care, religious training, and extracurricular activities. The other parent may be granted visitation rights (known as parenting time under Illinois law). 

Shared custody means that both parents will share in making decisions about how the child is raised, and the child will typically divide his or her time between parents. This split is rarely 50/50, but even if one parent has the majority of the parenting time, the parents will share responsibility for the child’s upbringing.

...

Barrington divorce attorney missing spouseSometimes, when someone chooses to get a divorce, their spouse refuses to agree to the dissolution of their marriage. This may be due to denial or an attempt to control a spouse in the case of domestic abuse, or, in some cases, the couple may have separated, and a spouse cannot be located. If your spouse is refusing to cooperate in your divorce case, you should be sure to understand your legal options.

Irreconcilable Differences

In Illinois, irreconcilable differences are the only recognized grounds for divorce. This means that the couple is not able to solve the issues in their marriage. It is considered a no-fault ground for divorce, which means that neither spouse is to blame for the deterioration of the marriage. If a couple lives separately for at least six months, this is a presumption of irreconcilable differences.  

Some common reasons a spouse may refuse to agree to a divorce include:

...

Posted on in Divorce

Schaumburg divorce lawyer parents children holidaysThe leaves are starting to change colors, and now that it is October, your child is likely to be gearing up to go trick or treating this year. If you have recently gotten a divorce or are in the midst of the divorce process, holidays will be handled differently than when you were married. However, planning for successful co-parenting will ensure that your child has as good a time as they did in previous years. 

Trick or Treat?

While your child may choose to dress as Batman or their favorite Disney princess, you and your ex-partner should be completely transparent about planning family holidays. Communicating details and keeping your child out of any crossfire will allow him or her to focus on getting candy and not on dealing with mom and dad’s separation.  

If your parenting plan does not account for Halloween, it is important to communicate with your ex before the big night and make sure your plans are clear. Scrambling to make plans the night before Halloween will put unnecessary stress on everyone. 

...

Rolling Meadows marital property division lawyerWhen a married couple decides to get a divorce, their assets will be divided between them. In Illinois, this can be done between the two parties out of court, but if an agreement cannot be reached, then the court steps in with a system called equitable distribution. This system intends to divide properly fairly, but it does not mean that all assets are divided equally. Some of the factors used to determine how to divide marital property include:

  • The distribution of wealth
  • The length of the marriage
  • The couple’s standard of living
  • Future parental responsibility 
  • The health, income, and age of the individuals 

With these factors, it is still important to take action before your divorce to protect yourself financially, because the outcomes of these decisions are often uncertain. 

Know Your Finances

Before the divorce process begins, it will help to learn as much as you can about your personal finances. Begin tracking how much you earn, how much you spend, and any future expenses. Start creating a budget focused around necessities such as food, shelter, and medical care for yourself and your children. Use previous statements, bank records, and records of expenses to plan for the future. All of this information will not only help you, but it can be used to demonstrate your financial needs to the court when dividing marital property. 

...

Posted on in Family Law

Palatine paternity attorneyEstablishing paternity benefits a child by giving him or her the right to receive support from and have a relationship with both parents. However, it is important for parents to understand how Illinois law defines and determines paternity.

What Is Paternity?

Paternity is the identity of a child’s legal father. This is established through the marital status of the parents, a Voluntary Acknowledgement of Paternity, a court-ordered DNA test, or adoption. If a woman is married or in a civil union within 300 days before the birth of the child, then her partner is presumed to be the child’s legal father. 

When paternity is established for a child, it gives him or her certain legal benefits based on their legal relationship with both parents, including:

...

Rolling Meadows divorce lawyer co-parentingIt is normal for relationships to change, but it is when they change too much that couples may consider getting a divorce. Not all married couples decide to have children, but if they do, a divorce can become much more complicated. You may be able to resolve the various legal issues that must be addressed during divorce, but when it comes to the relationship with your ex, that is up to you. It is, however, in the best interests of your children to remain civil with each other while raising them together. 

Positive Relationships in Sole or Joint Custody Situations

Following divorce, parents may have joint custody of their children, or one parent may have sole custody. With sole custody, one parent is granted primary responsibility of the child, and the other has visitation rights (known as parenting time in Illinois). With joint custody, both parents share decision-making responsibility when raising their children. 

Either arrangement requires communication between you and your ex. These suggestions can aid in improving your relationship as you work together to raise your children:

...

Posted on in Divorce

South Barrington divorce lawyer parents and childrenGetting a divorce is rarely an easy process, and it is further complicated when children are involved. A divorce with children brings up the topics of child custody (allocation of parental responsibilities), visitation (parenting time), and child support. By choosing the right attorney, you can alleviate the stress of planning your upcoming divorce while ensuring that your rights are protected as you and your ex-spouse plan for how to continue to raise your children together after the end of your marriage.

No matter the feelings between the parents, it is important to talk with children and discuss what divorce entails for your family. Depending on their emotional maturity, older children may have an easier time understanding divorce, but younger children often struggle to understand and adjust to the changes in their lives. Here are some guidelines for discussing divorce with children who are six years old or younger: 

Zero to 18 Months Old

A child this young barely has the developmental skills to form a proper sentence, let alone discuss or understand their parents’ divorce. However, children at this age can pick up on tension at home. Hold off on discussing the divorce in detail with children this young until they are older. Ease the stress on your infant by remaining consistent with them in your daily routines. This means taking care of yourself, ensuring that you will be able to continue to provide quality care for your infant during and after your divorce. 

...

Arlington Heights divorce lawyer back to school“What did you do this summer?” This question is often asked when children go back to school, but for some children, summer was not all pool parties and playgrounds. For a child whose parents got a divorce over the summer, this question can be intimidating and stressful. A child who has divorced parents can exhibit certain behaviors and symptoms in school which can affect their education if not handled properly. The logistics of having a child in school can be complicated for any family, and a family with divorced parents can experience more stress and trouble than others. However, by following these tips, you can help your child’s school year go more smoothly:

1. Determine Who Will Pay for School Supplies

A new school year means new school clothes, shoes, uniforms, backpacks, and lunch boxes--not to mention the long list of school supplies. These costs add up quickly, so you should determine how they will be divided between you and your ex. If you already have a preset arrangement, stick to that. If not, dividing the cost in half is usually a good way to meet your child’s needs without causing conflict.

...

Palatine military adoption attorneyMilitary life is not always the most stable--those who are in the military or grew up in a military family can attest to that. But now, more adoption agencies and child welfare groups are recognizing that military families are just as capable of providing a loving and welcoming home for children as any other family. Though being in the military does pose unique circumstances, it also means that you may be able to receive certain benefits when adopting a child that are not available to anyone who is not in the armed forces.

Complications With the Adoption Process for Military Families

Military life is unique and brings with it many specific circumstances that other families may not experience or have to deal with, especially when they are going through the adoption process. These include:

...

Palatine divorce attorney parenting planEveryone knows that divorce is hard on all of those who are involved - especially the kids. Even if you try to keep them out of the fighting and the negotiations, you may not realize how much your children actually pick up on. They can sense when there is tension between their parents, but they often do not know what to do about it, and this can cause them a great deal of stress. One way that divorced parents may be able to help their children cope with the changes to their lives is by using a unique co-parenting arrangement called “nesting.”

What Is a Nesting Arrangement?

This type of co-parenting agreement occurs when a divorced couple keeps the family home, and the children reside there 100 percent of the time--it is the parents who come and go. A separate living space, such as an apartment, is rented so the parents have somewhere to go when the other parent is at the house with the children. Or, in some cases, each parent will have their own living space to go to. This type of arrangement puts the focus on making the children comfortable with the parents’ divorce and alleviating the stress that children feel when they are constantly hauled back and forth between residences.

...

Posted on in Divorce

Barrington divorce attorneyBreaking up is hard to do, and when you have been married and spent years of your life with another person, ending your relationship can be even harder. Divorce can leave many people with feelings of depression, anxiety, and loneliness, but there are things you can do to help yourself through the transition period after a divorce:

1. Allow Yourself to Grieve

This is probably the most important step to healing after a divorce. While you are not mourning the loss of your spouse’s life, you are mourning the loss of a relationship. Your marriage was a very significant relationship, and ending it will require you to completely reconfigure your life. Even if you were the one who wanted and initiated the divorce, you still should allow yourself time to fully comprehend the changes you are experiencing.

...

Palatine divorce attorneyFirst comes love, then comes marriage, then comes...divorce? When you got married, you might have thought you would live happily ever after, but the truth is, divorce is not uncommon, especially in the United States. Though divorce happens for myriad reasons, and no one couple’s relationship is the same as the next, there are some interesting trends to note in divorce and marriage.

1. Divorce Rates Have Actually Decreased

According to the Centers for Disease Control and Prevention (CDC), marriage rates have actually decreased since 2000, when the rate per 1,000 people was about 8.2. In 2016, the U.S. marriage rate was at 6.9 per 1,000 people. Divorces have also been decreasing steadily since 2000, when the divorce rate was at 4.0 per 1,000 people. In 2016, the U.S. saw one of the lowest divorce rates ever at 3.2 per 1,000 people.

...

Rolling Meadows adoption attorneyFor some people, having a child naturally is not in the cards. Many married men and women have trouble conceiving and turn to adoption as a choice for starting a family. Many gay and lesbian couples also choose adoption as a way to grow their family, rather than using other methods, such as a surrogate or donor sperm. However, a bill that is being considered by the U.S. House of Representatives could result in gay and lesbian couples, among other groups, having a more difficult time finding a child to adopt.

Bill Disallows the Federal Government to Discriminate Against Agencies

The 2019 Labor, Health and Human Services, and Education funding bill is in its drafting stages right now, but a recent amendment to the bill, which was passed by the House Appropriations Committee, says that state and local governments cannot discriminate against child welfare service providers based on their religious beliefs or moral convictions. Republican Rep. Robert Aderholt introduced the amendment, which was passed on a vote of 29-23.

...

Rolling Meadows step-child adoption attorneyOne of the most common forms of adoption in the United States is step-parent adoption. This type of adoption takes place when either the child’s biological mother or father is married to someone other than the child’s biological parent and that person wants to assume legal rights and responsibilities of the child. Step-parent adoption can be a step that some families take to solidify their relationships with one another, or to establish two parents for a child if one biological parent is not involved in the child’s life. 

Factors to Consider

It is important to understand that a related adoption is a little different from an unrelated adoption. In some ways, it can be easier to adopt a child that is related to you, but it can also have its challenges. Some factors to consider in step-parent adoptions include:

...

Palatine finances and divorce attorneyOne of the most common things people worry about when they are going through a divorce is how it will affect their finances, and for good reason. According to a study conducted by the U.S. Government Accountability Office, women experienced a significant drop in their income after divorce--nearly 41 percent, on average. This can be due to a number of factors, but there are dozens of mistakes you can make when getting a divorce that could negatively impact your finances. Here are some common mistakes you should be sure to avoid:

1. Not Being Prepared

One of the most common mistakes that people make with their finances during divorce is not being prepared for the divorce itself. Divorce is a long and demanding process, so being prepared is crucial. Before you begin the process, you should consult with both financial experts and an experienced attorney to make sure you are making the best decisions.

...

Rolling Meadows divorce asset division lawyerDivorce is an emotionally daunting experience, but it can also be financially daunting, especially when it comes to the assets you own. Splitting your assets during divorce can be a lengthy process, and it can become frustrating if you and your ex-spouse get into bitter arguments about who gets what or how certain property should be allocated. Illinois law dictates that marital property is subject to equitable distribution, and non-marital property is not. In a nutshell, marital property includes any assets that were acquired during the marriage. It is important to understand how to divide certain assets, including the following types of marital property:

1. The House

The easiest way to divide this real estate asset is to sell your house and split the money. This works if neither spouse has a particular attachment to the home, and it offers an easier, less stressful way of dealing with what is often one of the most valuable marital assets. Before you sell your home, you should get the house appraised, ensuring that you know exactly what your property is worth.

...

Barrington divorce lawyer parenting planDivorcing with children can be difficult. Their living arrangements will change drastically, and this change can be hard on them. Children thrive off of predictability and routine, which is why it is important that you establish a parenting plan prior to finalizing your divorce. Even if things are friendly now, and you and your spouse agree on the parenting situation, having a plan in writing can save you unwanted costs and headaches later.

How Will Parental Responsibility and Parenting Time Be Allocated?

One of the first things you need to determine in your parenting plan is how parental responsibility will be shared and parenting time will be divided between you and your ex-spouse. There are a few different types of parenting arrangements that are common:

...

Palatine child custody lawyerA new and increasingly popular trend for child custody arrangements after a divorce is co-parenting, in which both the mother and father play an active role in their child’s life, even though they are no longer together. This ensures that children can still have close relationships with both of their parents after divorce. Joint custody arrangements can be exhausting and riddled with stress, but co-parenting arrangements can benefit children greatly. These tips can help you become a great co-parent after divorce:

Aim For Consistency

Divorce can affect children just as much as it affects adults. Now that both parents are not around at the same time, and the child may be moving from household to household, consistency is key for raising your children. You should try to maintain the same rules, expectations, disciplines, and schedules in both parents’ homes to avoid confusion. Rules about homework, curfews, and things the child is and is not allowed to do should be kept the same, along with the consequences for breaking those rules.

...

Schaumburg mediation and collaborative divorce attorneyDeciding to get a divorce is a process in itself, but once you have decided to end your marriage, the next step you must take is to determine what kind of divorce you want to get. Couples who are hostile to each other and are not willing to cooperate often must resort to a litigated divorce where arguments are made in court and a judge makes decisions about issues such as how assets are divided and how child custody arrangements are made. However, if you and your spouse are on good terms, or if you are at least willing to work together to reach a mutually agreeable resolution, you may be able to go with an alternative dispute resolution option such as a collaborative divorce or a mediated divorce.

The Collaborative Divorce Process

Collaborative divorce is a way that couples can get divorced without having a court intervening in the process. At the beginning of the collaborative divorce process, the divorcing couple and their respective attorneys will sign an agreement stating that they plan to resolve their divorce disputes without the need for litigation in court. Collaborative divorce allows spouses to have control in decisions made regarding marital property, allocation of parental responsibility, spousal maintenance, or any other issues that must be resolved before their divorce can be complete.

...

Barrington divorce attorneyGetting a divorce is a challenging time in many adults’ lives. Not only are there things to settle financially and assets to divide, divorce brings much emotional confusion into the picture. Once you have decided that a divorce is your best option, you should become prepared for the long and winding journey that is the divorce process. These 8 things can help you get a head start on your divorce even before the legal process gets started:

1. Determine the Type of Divorce You Want

Often, people think that a divorce is a divorce. In reality, there are many different types of divorce. In Illinois, the types of divorce recognized are:

...
Chicago Bar Association DuPage Association of Woman Lawyers Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association
Address
1515 E. Woodfield Road, Suite 640
Schaumburg, IL 60173
847-995-9999
Address
20 N. Clark Street, Suite 2720
Chicago, Illinois 60602
312-345-9999
Address
400 S. County Farm Road, Suite 320
Wheaton, Illinois 60187
630-653-9400
Address
15255 West 94th Avenue, Suite 201
Orland Park, IL 60462
708-226-9904
Back to Top