Posted on October 18, 2022 in Divorce

All married couples have disagreements. Most marriages involve a series of high and low points, but there may be a point at which one or both spouses feel that the marriage is no longer healthy or manageable. When you have reached a point where you feel that your marriage has reached insurmountable odds, filing for divorce is generally a quite reasonable and practical step to take. However, it does happen that some spouses will face significant challenges, file for divorce, and then reconcile and remain married.

You should know that in Illinois, divorce cases can be paused or withdrawn with relative ease should you and your spouse agree that divorce is no longer in your best interests. It is also true that some individuals will file for divorce while still uncertain about whether they should stay in the marriage, and then determine that following through with terminating the marriage is the best option - this is common in spousal abuse cases when the victim files. Whether you finalize your divorce or stay married, strong legal representation is key to protecting your interests. 

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 Posted on September 23, 2022 in Child Custody

The parenting plan that you and your spouse establish or that the court judicially establishes on your behalf, effectively has the force of law. A parenting time schedule is grounded in a formal court order. All parties are required to act in compliance with court orders and may face legal sanctions for noncompliance, including improper relocation. This force extends to any temporary orders that may have been placed during the time period in which the divorce is in process.

If your former spouse—or current spouse if your divorce has yet to be resolved—has removed your child from the local area without seeking permission from the court, they could be charged with contempt of court. If concealment of the child in violation of any court order lasts for a period of greater than 15 days, the offending parent has opened themself up to criminal abduction charges as well. Should you discern that the other parent has removed your child from the local area without a court order, it would be prudent to discuss your rights and potential enforcement actions with an attorney. 

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 Posted on August 23, 2022 in Divorce

Litigating a divorce can be a difficult process. Today, it is generally used only as a last resort if all attempts at negotiation or mediation have failed. Of course, there are some cases where attempting to resolve the divorce out of court does not make sense, such as if one spouse is refusing to cooperate with the divorce or has abused you. Some divorces involving high-value marital assets are also very likely to be resolved through litigation because there is so much at stake.

If you expect to go to court for a contested divorce, you may be quite nervous. Knowing what to expect during litigation can help keep you feeling calm and prepared. It is critical that you are represented by an aggressive and experienced attorney during a contested divorce. Hensley Sendek Law offers top-quality representation in and out of court. 

What to Expect in a Contested Divorce

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 Posted on July 12, 2022 in Divorce

Being married to someone with a mental illness can be difficult. Certainly, people with mental illness can enjoy long and successful marriages if they are receiving the appropriate treatment. A combination of medication and therapy can help a person with mental illness become a good spouse, a good parent, and a good provider. However, if your spouse is not adequately addressing their mental health issues and they are affecting your relationship, a divorce may be in order.

Getting a mentally ill spouse to cooperate with divorce proceedings can be a challenge. They may resist divorce, particularly if they are dependent on you. It is important to be represented by an experienced attorney who can help you navigate the twists and turns your case may take

Helpful Advice for Ending Your Marriage to a Person With Mental Illness

When you have made the decision to divorce your mentally ill spouse, you can expect some unique challenges. You know your spouse and how their mental illness affects their behavior better than anyone, so you may already know how your spouse is likely to handle being served with divorce papers. Other tips include: 

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 Posted on June 15, 2022 in Divorce

If you rely on your spouse for financial support, divorce can be particularly stressful. Especially if you have been out of the workforce for some time or sacrificed a potential career to devote yourself to homemaking, you may be worried about how you will support yourself after getting a divorce. In Illinois, if you were financially dependent on your spouse you may be eligible to receive spousal maintenance payments, commonly called “alimony.” This is in addition to any child support you may also be entitled to receive.

The goal of spousal maintenance is to allow you to get the divorce you need without fear of extreme financial difficulty. If financial concerns are stopping you from pursuing a divorce, our lawyers may be able to help you get the support you need to begin a new life. 

When Will Illinois Courts Order Spousal Maintenance?

There are very few hard-and-fast rules when it comes to a court’s decision to award spousal maintenance. Rather, there are a number of factors the court will consider when deciding whether alimony is appropriate in your case. These factors include: 

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 Posted on May 19, 2022 in Divorce

You may think that uncontested divorce is only for amicable divorce situations, but this is not true at all. An uncontested divorce can be possible even if you and your spouse cannot stand to be around each other. You do not need to be on friendly or even speaking terms to avoid actual litigation during your divorce proceedings. There are many methods attorneys may use to facilitate a divorce settlement without going to court, some of which do not require you to speak to or see your ex at all.

Filing an uncontested divorce can save you quite a bit of time and money, as well as reduce distress for any children involved. In most situations, reaching a compromise is possible even if it takes a lot of help. An attorney can help you understand your options and determine whether an uncontested divorce is within reach for you and your spouse

Options for Reaching a Compromise Despite Conflict

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 Posted on April 05, 2022 in Divorce

There are many complicated aspects to a divorce, including dividing shared marital assets, determining spousal support payments, and potentially agreeing upon child custody. These topics can be contested between partners, considering the critical nature of finding an equal balance between assets following a divorce. When one, or both, spouses are business owners, determining the value and ownership of the practice adds another layer of complications to a divorce proceeding. However, there is a way to uncomplicate the division of business assets in an Illinois divorce. Obtaining a business valuation is an excellent advantage if you are a business owner preparing for a divorce. 

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 Posted on March 02, 2022 in Divorce

The process of filing for a divorce can be complicated, time-consuming, and expensive. The decision to dissolve a marriage can be extremely difficult for all members of the family. However, there are ways to ensure that a divorce is as easy as possible. Below are five must-know tips if you are looking to file for a divorce in the state of Illinois

Do Not Point Fingers 

The state of Illinois is considered a “no-fault” divorce state. This means that despite any wrongdoing from your partner, there is no at-fault party, and the divorce proceeding will focus on an equitable division of property and a workable parenting plan, if applicable. Do not waste time compiling information on any poor behavior from your partner including cheating or abandonment. The judge will not consider any of these circumstances when deciding on the issues of your divorce

The only exception to this rule is if your partner was abusive. If your partner has a history of being abusive towards you, your children or others, including a criminal record, this information may be factored into determining custody of children and other aspects of the divorce.

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 Posted on February 04, 2022 in Divorce

When filing for a divorce with children involved, each spousal party will be required to uphold their individual parental responsibilities. This typically includes who will be the residential parent who primarily lives with the kids, dividing up parenting time, division of assets such as the home and child support payments. The majority of child support payments end when the child turns 18 years old. However, there are a few reasons why child support may be extended past the time the child becomes a legal adult. These reasons may include extenuating medical expenses or even paying for your child’s college education. 

Do I Have to Pay for My Child’s College Tuition?

Whether or not a parent is required to extend child support payments through the time the child is in college is determined by your divorce agreement. Judges will typically approve a divorce decree that allows the children to live with the assets they would most likely have had if the parents remained married. This means that if the two divorced parents would have been in a better financial situation to pay for college had they stayed married, a judge may elect to have the non-custodial parent help pay for tuition. 

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 Posted on January 13, 2022 in Divorce

Starting a family business can be a wonderful way to combine working and spending time with your loved ones. When a married couple owns a business, they may not give much thought to who owns what share of the business. After all, they are in this together. Unfortunately, spouses who co-own a business may find themselves facing significant, complex issues during divorce.

If you are getting divorced and you and your spouse own a business together, you have several options: You may sell the business and split the proceeds, assign ownership of the business to one spouse, or continue running the business together. Which option is right for you will depend on your unique circumstances and long-term goals.

Running the Business Together After Divorce

Even if you and your spouse are not romantically compatible, you may still be great business partners. Though rare, some divorced couples continue running a family business together after divorce. Doing so many be complicated on both a practical and financial level. However, for some couples, this is the best option available. If you want to co-own the business with your ex after the divorce, work with your divorce lawyer and a financial expert to ensure you put the proper legal and financial precautions in place.

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