Lavin & Parisi, Attorneys at Law

Crystal Lake Family Law And Estate Planning Blog

Common signs that divorce could be lurking

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The first time your spouse approached you with a conversation about divorce, it can be a complete surprise. Even if you had a little inkling that the marriage hasn't been as strong as it used to be, it can still be an overwhelming and upsetting conversation. For those who have yet to have this discussion, you will want to take a look at the signs mentioned in this post that could signal divorce is on the horizon for you in Illinois.

Communication is quite possibly the most important part of a marriage. You and your spouse need to communicate in order to have a successful marriage. When there is a breakdown in communication, the marriage can take a hit to the point where it cannot be saved.

Can your divorce be based on a 'ridiculous' fight?

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If you’re familiar with family comedy shows such as “This Is Us” and “Modern Family” you may know about how petty arguments between married couples can morph into big problems. On television, these types of disputes typically turn into comedic moments, but sometimes emotional moments come about.

Of course, real life is not television, even though art sometimes imitates life. But an article from the Huffington Post exemplifies how sometimes “ridiculous” arguments can lead to couples breaking up. This post will highlight a couple of them.

Parental alienation robs you of your rights

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Because your marriage was stressful, you probably had no doubt that your divorce would be too. Still, you managed to separate, and now you share parenting duties that include divided time with your children. While this arrangement seemed to work in the beginning, you are noticing a change in your children. Perhaps they are more sullen, less communicative or even uninterested in being with you. They may even be openly defiant and disrespectful.

While it may be easy to chalk this up to the traumatic changes in their lives or the phases they may be going through, you may also be witnessing the early results of a frightening scheme your former spouse is perpetrating. Known as parental alienation, this form of psychological abuse places the children in a confusing and vulnerable position as your former spouse uses them to rob you of your parental rights.

Protecting your children's best interests during visitation

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When you decided to divorce, your main priority was to make sure the situation would not permanently scar your children. Due to certain extenuating circumstances, however, you immediately had cause for worry concerning future parenting plans, namely, the potential visitation arrangement.

You know your children are already aware of your soon-to-be former spouse's alcohol addiction. In fact, such issues were major causal factors in the breakdown of your marriage. While you understand that your kids love their other parent, you also don't want them exposed to any situation that may place them in harm's way.

Mother has child custody revoked after drunk driving arrests

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The highest concern of parents is the safety and well-being of their children. Family courts in Illinois and other states always focus on these interests during divorce proceedings and child custody hearings. Sadly, some parents call their judgment into question with bad behavior that could affect offspring.

A mother's drunk driving has caused serious concern among other parents as well as several child protective services agencies. An Illinois police chief described his department's arrest of the woman "one of the worst impaired driving arrests our agency has ever made."

What happens when there is no will?

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It is always difficult to deal with the loss of a loved one. But a death in the family can be made worse when survivors find there is no guidance for how to preserve and share the assets of a family member's estate.

There are guidelines in the state of Illinois for how to treat the assets of people who die without a will (called "intestate" under Illinois law). The family has it best when a person takes time to plan his or her estate, preferably with legal counsel. An attorney can help determine the safest ways to disperse property and money.

What can I expect from an Illinois divorce?

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Divorce can be both an emotionally draining and legally complicated situation for spouses. The process is generally more difficult for couples with large assets to divide and is also more complex when children are involved. Courts in Illinois use certain standards to keep divorce proceedings as short and as fair as possible.

Standards help spouses prepare assets and property to be shared between each other, as well as clarifying rights and obligations towards children. Some are commonly known and used, while other situations are less likely with rules more rarely known. These situations recommend legal representation during divorce for spouses to ensure all areas are covered.

  • What is the most important rule about property?

High-income spouses have to think clearly about divorce

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Divorce is always a difficult process, but there are two reasons that it can involve even more effort and perhaps disagreement than a divorce between couples who don't have significant wealth. The first is the emotional attachments that have to change so that people can move on to a better life after their marriage ends. The second is managing the property and assets from a marriage that is ending.

This process often proves the most challenging for people dealing with large amounts of money, property and other assets earned and accumulated during the marriage.

Reaching a divorce agreement outside of court may be a wise move

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Going through a divorce is hard enough without having to also go toe to toe with your soon-to-be ex. Fortunately, getting involved in an all-out war with a future ex is not always necessary during a marital breakup.

Although trials might look captivating on television, settling a divorce outside of court is oftentimes the better avenue in real life. Here is a look at how settlement agreements reached outside of court receive court approval in Illinois.

Types of Illinois orders of protection

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Dealing with abuse, either emotional or physical, can take an incredible toll on someone. If you are the victim of abuse, you should do what is in your best interest and get out of the situation immediately. You can also protect yourself by applying for a protective order. There are three types of protective orders in the state of Illinois.

The most common type of order in Illinois is known as the Emergency Order of Protection. This type of order protects the person who applied for it, the petitioner, from any harm caused by the recipient of the order, or the respondent. This order of protection is activated the minute that it is approved by the judge. The respondent does not have to be notified of the hearing due to the nature of harm involved in the case. This order lasts between 14 and 21 days.

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