Butler & Giraudo, P.C
Main Site Navigation
We Can Help...

Peoria Family Law Blog

What is parental alienation?

In many cases when parents divorce, decisions related to child custody and visitation are made by a family law judge. Once child custody and visitation orders have been established it is then the responsibility of both parents to follow the orders. Additionally, both parents are responsible for their actions and behaviors with regard to how they communicate and attempt to co-parent with an ex-spouse.

Unfortunately, some divorced parents are not able to move beyond their own hurt and negative feelings towards an ex-spouse for the sake of a shared child. As a result, a child may become the victim of what's known as parental alienation the results of which, for both a child and parent, can have long-term emotional and psychological repercussions.

When it comes to divorce, more money often equals more problems

For anyone, going through the divorce process is likely to be a highly emotional and confusing time. Not only is an individual attempting to cope with numerous, and often conflicting, emotions but steps must also be taken to ensure for and protect one's current and future financial wellbeing.

Individuals who fail to be vigilant and actively participate during the divorce settlement process may risk losing out on their fair share of marital assets. For couples of considerable wealth, matters related to the division of assets and property are often much more complex and, in some cases, a wealthy husband or wife may engage in questionable or illegal activities to retain as much wealth as possible.

How divorced parents can help a child succeed this school year

As the nights grow cooler and the days shorter, school-aged children in and around Peoria, Illinois are heading back to school. This time of year can be difficult for both parents and children as days are jam packed with learning, socializing, after-school activities and homework. For divorcing or recently divorced parents, back-to-school time presents new challenges as both they and their child attempt to adjust to school-related and child custody-related changes.

For moms and dads still embroiled in the divorce process, a child's return to school can be an especially chaotic and difficult time. For the sake of a shared child, it's imperative that divorcing or divorced parents set aside their personal differences and vow to communicate effectively and work together to help a child succeed in school.

Divorce basics for Illinois residents

Marriages fail for numerous reasons; a husband or wife is unfaithful, a couple is overwhelmed by financial difficulties or spouses simply grow apart. Whatever the reasons may be, when an individual has made the decision to file for divorce and end a marriage, it's important to understand state-specific divorce laws and become educated about the divorce process.

In order to obtain a divorce in the state of Illinois, an individual must have lived in the state for at least 90 days. Provided an individual meets state residency requirements, he or she must decide upon what grounds to file for divorce; fault or irreconcilable differences or what is commonly referred to as no fault.

Living and learning through the divorce process

Every divorce starts with one spouse filing a petition for divorce. In some cases, a couple discusses a spouse's divorce filing and the act is expected. In other cases, a spouse may have previously mentioned divorce, but the actual act of filing for divorce catches a husband or wife off guard. In other instances, a spouse's decision to file for divorce comes as a total surprise to an unsuspecting and devastated wife or husband. In all cases, the action of filing for divorce forever changes the relationship between spouses, as the wheels of the divorce process are set in motion.

Depending on a couple's situation and whether shared children are involved, a divorce may be finalized in a few short months or can drag on for years. Even couples who are fortunate to have a relatively quick and easy divorce are likely to encounter both challenges and surprises throughout a divorce. So how does one maintain their sanity during what is often such a difficult process?

Gray divorcees may benefit from ex-spouse's Social Security benefits

According to AARP, Inc., the divorce rate among married couples age 50 and older has doubled since 1990.The increasing prevalence of divorces among this age demographic has led many to refer to the phenomenon as gray divorce.

For men and women who are age 50 or older, divorce concerns largely center on how to fund one's retirement years. Like divorces among younger couples, in gray divorces marital assets must be divided and two lifestyles afforded on a much smaller amount. However, unlike younger divorcees, individuals age 50 and older have few to no working years left to attempt to recoup financial losses which only compounds their financial difficulties post-divorce.

Divorcees advised to remain focused and engaged during settlement process

Few life events bring as many changes and challenges as divorce. Regardless of the circumstances that drove a couple to divorce, the end of any marriage is often a difficult reality to face and the finality that divorce brings often causes each spouse to suffer both emotionally and mentally. It's no wonder then that, while in the midst of a divorce, some individuals fail to fully contemplate or understand important financial considerations.

For many divorcing spouses, the division of marital property and assets is a confusing and arduous process. Illinois is an equitable distribution state meaning that a judge will take numerous factors into consideration when determining who gets what and how much of it as well as who is responsible for the repayment of certain marital debts. When facing or going through a divorce, it's important to understand factors that may influence the equitable, or more accurately fair, distribution of assets and debts.

Communicating with a child about divorce

The decision to divorce is often a difficult one to make. Once that decision has been made, it's important that both spouses take steps to ensure for their own emotional and financial wellbeing. Complicating matters are strong emotions, vivid memories, shared finances and, in many cases, shared children.

Parents who decide to divorce are often extremely concerned about how a child will be affected and worry whether he or she will suffer mentally or emotionally. In truth, every child is different and while there's no way to predict whether a child will adjust easily or have a more difficult time, there are things parents can do to make the process easier and less stressful.

Unwed Illinois fathers and the importance of establishing paternity

In recent decades, it's becoming increasingly difficult to define what constitutes as being a traditional American family. According to the Centers for Disease Control and Prevention, as of 2012, roughly 40 percent of U.S. births were to unmarried women. Whether by choice or not, the fact that there are so many children being born to single mothers raises several questions, one of the most important relating to the role fathers play in the lives of these children.

When a married man and woman have a child, there is little question about the father's paternity rights. However, in cases where a child is born to parents who are not married, questions are often raised about everything from what to call the unwed biological father to his rights to see and parent the child.

Divorce: what husbands and fathers need to know before moving out of a shared home

We often discuss important matters related to the divorce process like child custody and the division of marital assets. Rarely discussed, however, are the immediate actions an individual should and should not take upon making the decision to divorce. Whether a divorce is precipitated by one major event or a slow demise over the course of several years, when a divorce is imminent it's customary that spouses physically separate.

In many cases, it's the man who chooses to vacate a family home or shared apartment. A father with good intentions may move out of the home he previously shared with his wife and three kids to spare his soon-to-be ex-wife the pain and hassle of doing so. In another example, upon learning his wife wants a divorce, a man with no children may decide it's easiest if he moves out of the expensive apartment the two own. While, in some cases, a man's decision to move out may make practical sense, doing so often has many negative and unforeseen consequences.