Johnson, Johnson, & NolanBelleville Family Law Attorney | St. Clair County Divorce Lawyer2024-03-18T20:17:20Zhttps://www.pkjohnsonlaw.com/feed/atom/WordPressOn Behalf of Johnson, Johnson, & Nolanhttps://www.pkjohnsonlaw.com/?p=487232024-03-11T21:03:25Z2024-03-18T20:17:20Zhomeowners going through a divorce, it can make a difficult situation a lot more complicated.
Selling or keeping the home
Generally, married homeowners have three choices in their divorce:
They can sell the home and split the proceeds according to the terms of their divorce settlement.
One party can keep the home and buy out the other's ownership stake.
They can keep the home, rent it out or even continue to live together after they are divorced.
The cooling real estate market can make the first option less attractive because the home may not be able to command the price it would have just a few years ago. And if the spouses wish to buy new homes for themselves, they'll face much higher mortgage rates than they have been accustomed to.
It also complicates the second option because the spouse who moves out must find a new place to live. They may be currently enjoying a mortgage rate somewhere around 3%, but if they buy today, they could be facing a rate of 7% or more.
The third option is rarely anyone's first choice. Few people going through a divorce wish to share a home with their exes, or to work together as landlords. Still, the market situation makes the third option more attractive for many divorcing couples.
Homeowners who are starting the divorce process should explore their options.]]>On Behalf of Johnson, Johnson, & Nolanhttps://www.pkjohnsonlaw.com/?p=487222024-02-28T13:56:56Z2024-02-28T13:56:56ZWhen financially preparing for divorce, you may only plan based on what you may need before, during and after the process. Regardless of how you and your former spouse will settle property division matters, you can do the following to help make things easier for you:
Organize financial paperwork relevant to the divorce, such as your credit report, tax returns, bank statements and other necessary documents.
Open a new bank account under your name, which can contain your part of the assets after dividing them with your former spouse.
Make a budget that reflects your needs during and after the divorce, considering any downsizing you need to do to meet your basic needs.
Establish an emergency fund to address financial risks now that you are transitioning to your new family situation.
Other forms of preparation can be necessary based on your situation or whether there are disputes between you and your former spouse.
Making financial adjustments considering the divorce
Aside from taking a toll on you and your family, the divorce can also strain your finances, especially if the case involves conflicts and complications. Preparing and planning can be crucial to helping you stay afloat during these uncertain times.
It can also be helpful to seek legal counsel before filing the petition. Doing so can help you take note of vital details during the process, helping you stay on track and avoid unnecessary costs along the way.]]>On Behalf of Johnson, Johnson, & Nolanhttps://www.pkjohnsonlaw.com/?p=487212024-02-14T14:07:27Z2024-02-14T14:07:27ZNot in a no-fault divorce state
Illinois is a purely no-fault divorce state, which means spouses do not have to prove fault to initiate a divorce petition. Instead, separating spouses must only show that they have irreconcilable differences which has led to the irretrievable breakdown of the marriage.
How do you know if the marriage is irretrievably broken? While there is no definition set in stone, there are instances that can demonstrate this concept, such as:
The spouses have made efforts at reconciliation but failed
That any future attempts to reconcile would not be in the family's best interests
Ultimately, the unique facts and circumstances surrounding each case will determine whether a marriage suffers from irretrievable breakdown, establishing a ground for divorce in Illinois.
Knowledge is a path toward new beginnings
When it comes to ending a marriage in Illinois, it is important to have a clear grasp of what the law requires. Knowing whether you need to prove your spouse was at fault can greatly affect how you approach your divorce. With the right information and legal guidance, you can decide according to your situation and needs, ensuring a smooth transition into your new beginnings.]]>On Behalf of Johnson, Johnson, & Nolanhttps://www.pkjohnsonlaw.com/?p=487202024-02-07T21:34:27Z2024-02-07T21:34:27Zchild custody modification request. You simply have to know how to build and litigate from your defensive position.
How can you defend against a child custody modification request?
The strategies implemented in these situations are fact specific. However, there are some broader tactics that you could implement to protect the existing child custody order. Here are some of them:
Find contradictory evidence: Your child’s other parent is going to claim that they have compelling evidence that speaks to your parental unfitness. You need to find a way to contradict or at least minimize that evidence. Talking to witnesses could be helpful, but so, too, could presenting relevant documentation, such mental health and substance abuse treatment records, depending on what the issues are in your case.
Engage in discovery: You need to know what the other parent intends to present at the hearing on the motion to modify. You can do this by engaging in the discovery process. Here, you can ask the other parent to share information and documentation with you, and you could even have them answer questions ahead of time about why they’re seeking a modification and why they think you’re unfit as a parent. This information can help you frame your response.
Shift the focus: The other parent is going to do everything they can to paint you in a bad light. You can minimize that by shifting the focus in your case. Remember, the court should base its determination on the child’s best interests, so you should keep your arguments child centric. You can also go on the offensive and highlight any shortcoming that the other parent possesses, which helps contextualize some of the arguments made against you and highlights why the existing arrangement is still better than the proposed alternative.
Consider a custody evaluation: A lot of custody disputes are hard for courts to decipher because they devolve into he-said, she-said scenarios. A child custody evaluation can help cut through all of that. This comprehensive evaluation is conducted by a neutral third-party who talks to relevant parties, reads through pertinent documentation, and observes parenting time to formulate a custody recommendation. This gives the court an unbiased report upon which it can base its determination.
Use the rules of evidence: A parent can’t simply come into court and levy allegations against you however they see fit. They have to abide by the rules of evidence when presenting their arguments. If they don’t, then you might be able to block some harmful evidence from being used against you, which can disrupt the other parent’s case.
Be ready to fight for the outcome your child deserves
Keep in mind that your child and their best interests are at the center of a custody dispute. Therefore, you’ll want to tailor your arguments to demonstrate why your proposed custody arrangement is best for them. That can be difficult to do when you’re under attack, and you do need to defend yourself, but you can craft a compelling and persuasive legal strategy with just a little bit of work.
So, if you want to protect your child and your relationship with them, then now is the time to start crafting your legal arguments.]]>On Behalf of Johnson, Johnson, & Nolanhttps://www.pkjohnsonlaw.com/?p=487182024-02-05T18:40:33Z2024-02-05T18:35:58ZThe decision to enlist an attorney for your divorce largely depends on your unique situation. Whether you choose to seek legal counsel or navigate the divorce process on your own is entirely up to you. However, this significant choice warrants careful consideration as it can greatly influence the outcome of your divorce.
An unproblematic split
If your divorce is uncomplicated, the legal process may be less demanding and time-consuming. You might be well-equipped to handle the divorce on your own if:
Your marriage was short-term.
You don’t have children.
You don’t own real estate.
You and your spouse agree on all divorce-related matters.
In such situations, you might qualify for a simplified divorce procedure in Illinois, potentially eliminating the need for an attorney. However, there can be times when handling divorce matters independently becomes quite challenging.
Challenges to processing your divorce alone
When you choose to represent yourself, you're responsible for managing all legal aspects of your case. This means strictly following court rules and procedures, filing the correct paperwork on time and meeting all deadlines. You also need to present your case in a clear and organized manner.
Remember that while you can ask the court staff for general information about procedures, they cannot provide legal advice. Without such support, handling the divorce process independently can become more difficult, especially if your case involves complex issues. Tasks such as determining child custody, dividing substantial assets or calculating spousal support can become especially challenging without the help of an attorney.
Legal support where necessary
When deciding whether to seek legal help, your personal circumstances should be a key consideration. If your divorce is straightforward and you feel confident handling the process independently, you may choose not to seek an attorney. However, if your case involves complex issues or disputes, it could be beneficial to consult one experienced in family law to guide you through the procedures.]]>On Behalf of Johnson, Johnson, & Nolanhttps://www.pkjohnsonlaw.com/?p=487172024-01-19T09:18:04Z2024-01-19T09:18:04ZDifferentiating the two concepts
A biological father is the man whose DNA, together with the birth mother’s, a child carries. Basically, there is a genetic connection between the child and the biological father. Usually, DNA testing can establish this type of paternity.
On the other hand, a legal father is one the law recognizes as having paternal rights and responsibilities, regardless of whether he is the child’s biological father. This is possible through legal adoption, marriage to the mother when the child is born, signing a voluntary acknowledgment of paternity or obtaining a court order to establish paternity.
The implications on parental rights and responsibilities
In some cases, the biological father and the legal father are the same person, but not always. For example, an adoptive father becomes the legal father of an adopted child, even though he is not the biological father. Similarly, if a man is married to a woman who gives birth to a child that is not biologically his, the law may still presume him to be the legal father and responsible for the child.
Disputes may arise if the biological father wishes to establish legal paternity but the mother or presumed legal father objects. Courts usually resolve these disputes through processes involving DNA testing and consideration of the child's best interests.
Establishing paternity varies depending on the unique circumstances of each case. Hence, it is important for individuals facing paternity issues to understand their rights and responsibilities and to seek appropriate legal advice when necessary.]]>On Behalf of Johnson, Johnson, & Nolanhttps://www.pkjohnsonlaw.com/?p=487162024-01-10T15:39:40Z2024-01-10T15:39:00ZProvides stability
Separation and divorce can rattle a child’s sense of security. They may have constant bothersome thoughts, such as how their living situation and schooling will proceed moving forward. A consistent routine helps children feel more secure during the challenging time following their parents' separation.
Sets clear expectations
After the separation, children might feel confused as to what rules to follow, especially in split households. Consistency in rules, discipline and schedules between households sets clear expectations, so children understand what is required of them, regardless of which parent they are with at the time.
Encourages parental cooperation
When parents work together to establish a consistent routine, it improves their communication as coparents and reduce conflicts, benefiting the children's emotional environment. This also positively affects parents’ decision-making toward promoting their child’s best interests.
Promotes health and development
Consistent routines on meals, sleep and physical activity promote better health and well-being in children, which can particularly help them with cope during the stress of custody changes. Furthermore, it helps establish healthy habits, which form part of children’s cognitive, emotional and social development.
While these benefits are appealing, coparents must strive to communicate openly and work collaboratively to create a parenting plan that emphasizes consistency and routine to achieve them. This may involve compromise and flexibility, but the primary goal should always be the best interests of the children.]]>On Behalf of Johnson, Johnson, & Nolanhttps://www.pkjohnsonlaw.com/?p=487132023-12-28T08:25:17Z2023-12-28T08:25:17Zparenting time” is the equivalent of physical custody. According to Illinois family laws, parenting time refers to the time the child stays with the parent “during which the parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child.”
Understanding caretaking functions
Understanding the caretaking functions is crucial for parents because it directly relates to the child’s daily needs and the ability to provide for them. Caretaking functions include all tasks associated with the direct care of the child. When your child is with you because it is your court-approved or court-ordered parenting time, then you are responsible for the following:
Providing your child’s nutritional needs
Being attentive to your child’s grooming, clothes, cleanliness and personal hygiene
Giving your child emotional support
Disciplining your child when necessary
Ensuring your child goes to school and attends scheduled extracurricular activities
Managing your child’s healthcare appointments
Protecting your child from harm
Instilling values and principles in your child
Fostering healthy social interactions among your child and their peers, siblings, and relatives
Every parent has the right to spend time with their kids, but this right is a privilege that comes with the responsibilities above. Parents who understand their responsibilities and are actively involved in caretaking are better prepared to advocate for custody arrangements that benefit their child’s development and well-being.
The significance of knowing how to care for your child
It is vital to know all about taking care of your child. This is because the judge will look at what is best for the child and who has been doing the most to meet the child's needs when deciding who the child should live with and how the parents will make decisions for the child.
Your child is your priority. Therefore, you want to make certain that whether they are with you or their other parent, they receive the kind of care they deserve.
]]>On Behalf of Johnson, Johnson, & Nolanhttps://www.pkjohnsonlaw.com/?p=487112023-12-22T12:48:59Z2023-12-22T12:48:59Zthe Divorce Month. Why do couples who may have navigated the holiday season together choose this specific month to initiate the process of separation? There are a number of issues that may factor into any particular couple’s decision to move forward in this way, including those noted below.
New Year’s resolutions?
The start of a new year often symbolizes a fresh start, prompting individuals to reevaluate their lives and make resolutions for positive change. For some couples, this introspective period may lead to the realization that their current relationship no longer aligns with their aspirations. January encourages self-reflection and goal-setting. Couples may individually contemplate their desires and objectives for the year ahead, potentially discovering irreconcilable differences that fuel the decision to divorce.
Holiday stress hangover
While the holidays are a time for celebration, they can also be a source of stress. The financial strain brought on by family gatherings and the pressure to create picture-perfect moments can strain relationships. As January arrives, couples may find themselves reassessing their happiness and deciding to part ways. Other couples may delay announcing their decision to divorce to avoid overshadowing these festive moments. Once the celebrations conclude, January becomes the chosen time to implement a decision reached earlier.
Strategic timing
The decision to divorce is emotionally taxing, and couples may choose January as it allows for a period of emotional preparation. This timing permits individuals to enter the divorce process with a clearer mindset, having taken the time to process their feelings. Couples can start the process without the additional stress of holiday commitments, helping to better ensure a smoother legal transition.
Personal reflection, external stressors and the desire for a fresh start may impact a couple’s decision to separate in January. If you’re headed for a January divorce, preparing for this life-altering event is crucial before the emotions and decision-making become overwhelming. Seeking personalized legal guidance is a good way to get started.]]>On Behalf of Johnson, Johnson, & Nolanhttps://www.pkjohnsonlaw.com/?p=487102023-12-12T14:20:45Z2023-12-12T14:20:45Zrecent statistics show that remarriage has declined over the past two decades, 50% of divorced Americans still want to form fresh marital bonds. However, the prospect of a new love may impact their existing divorce decrees and future legal proceedings.
Remarriage after divorce can be tricky
Remarrying after finalizing an Illinois divorce is a personal decision that brings unique financial and emotional complications. Some of these may include:
Alimony: Unless a specific provision in the divorce agreement says otherwise, if a recipient spouse remarries, it can automatically terminate spousal support. But if a paying spouse remarries, they must continue making payments.
Child custody: Remarriage in itself does not directly influence custody arrangements. But suppose this substantial change in a parent’s circumstances disrupts the child’s living conditions or well-being. In that case, custody modifications may be necessary.
Property division: Remarriage indirectly affects the equitable division of assets and liabilities. For instance, inheritance is often not part of the marital estate. However, if it commingles with marital property, such as an inherited house turning into a family home, the remarried spouse might have to negotiate with their ex-spouse.
These complex issues must not keep a divorced individual from trying to settle down again when they are ready to do so. But remarriage should also not be a reason to neglect their duties from a previous marriage.
Remarriage can be especially difficult for the child
A child has gone through so much due to the parental split. So, to learn that one of their parents is about to start a new family can lead to additional emotional distress and confusion. To avoid further harm, both parties can sit with their child to explain and guide them through the ongoing changes. Parents may also benefit from having a legal team who can help them protect their child’s welfare.]]>