Shawn H. Heffernan & Associates, P.C.
Call Today For A Free Consultation 708-263-4574

Orland Park Legal Blog

Coparenting requires strong boundaries for parents, too

It is rarely easy for two parents to raise their child separately, but coparenting after divorce or separation may ultimately be the best solution for everyone involved. Still, there are many pitfalls along the way, and if one or both parents do not respect each other's rights and boundaries while raising their child, everyone may suffer.

One of the most common ways that a parent may violate another parent's rights is through stealing their parenting time. If your child's other parent oversteps this boundary, you should consider all the legal options that you have to protect yourself. Not only does this take away time that you can't recover, it may also harm your child by weakening their relationship to you.

Dealing with a mortgage during divorce

Married Illinois couples who decide to split will likely have to resolve disputes regarding a range of issues, including child support and alimony. They may also find themselves having to address what should happen with the family home, which could be one of the most valuable assets they possess. In many situations, one spouse will take control of the home. However, it is important that both parties understand their options before a decision is made.

Even if just one spouse is to keep the family home, it's possible to keep the original joint mortgage for which both spouses will remain financially liable. This option may be the most ideal in situations in which there is sufficient trust between the two ex-spouses. Both parties should be aware that if there are payment defaults, both parties may sustain long-term credit damage, no matter who was responsible for making the payments.

Communicating during a divorce to sell the home

For many divorcing couples in Illinois, selling their house is a major milestone during the divorce process. Selling the house means that they can start to take steps to prepare for their life after divorce, such as purchasing a new home. Some of the proceeds from the divorce may be used to cover debts or allow either party to care for other financial obligations.

Selling a house while going through a divorce means that the divorcing couple is going to have to find a way to get on the same page. They need to be able to look past the disagreements that they have with each other and realize that being able to sell the home is a major step in setting them up for after the divorce.

Why older couples are divorcing at a greater rate

People in Illinois, like the rest of the country, are experiencing a worrying trend in marital relations. Though the divorce rate among the rest of the population is decreasing slightly, divorces among older couples are on the rise over the past 15 years or so. Divorce for people over the age of 50 has come to be known as grey divorce.

There are various social and economic reasons for the rise in grey divorces, not the least of which is the decreasing stigma of a divorce. However, other reasons are apparent for the trend.

How to react after a car accident

Even the smallest car accident can rattle an individual. In some cases, collisions may result in personal injury or property damage. That's why it's important to accurately determine the severity of the injuries or damage. Someone who is involved in an accident in Illinois is urged to stay calm. While this may seem difficult, it will help one assess the situation and help others if necessary.

The first step after an accident is to call for help if anyone looks to be injured. Individuals at a crash scene should only attempt to move their vehicles if it would be dangerous to leave them where they are. Otherwise, they shouldn't touch anything until the police arrive. Those who are involved in an accident should take pictures or other notes before the police get to the scene. This will help ensure accurate documentation.

Understanding whether I can keep the vacation home after divorce

If you are facing a divorce, you may be overwhelmed by the different decisions that you feel forced to make. The time preceding and during a divorce can feel stressful because of many reasons. You will want to make sure that your children are protected from the strains of the divorce, but you will also need to take time for yourself so that you can adjust to the changes.

Some stressors that you are experiencing will likely be related to your finances and the division of assets. If you have been married for many years and you have children with your spouse, your finances will probably be deeply intertwined, and it can be difficult to untangle yourself so that you are able to become financially independent once more.

Lack of commitment and fighting among common divorce reasons

The good news for couples in Illinois is that divorce rates are on the decline. Still, there are times when legally wed individuals decide that it's better to end a marriage. A group of researchers recently collaborated to poll individuals who had previously participated in a prevention and relationship enhancement program before marrying. The study focused on the participants who ended up divorcing in order to determine the factors involved with their splits.

Not surprisingly, too much conflict and arguing was identified as a leading cause of divorce just behind infidelity and a lack of commitment, which 75 percent of former spouses surveyed cited as a reason for the demise of their marital relationships. Just over 13 percent of the people polled felt little or no premarital education or religious differences played a role in their marriages ending. Even though everyone questioned had undergone premarital counseling, some respondents felt they weren't fully prepared to deal with the various phases of a marriage.

Distracted driving crashes often caused by simple daydreams

Many people in Illinois know the dangers of texting, surfing or otherwise using a mobile phone while behind the wheel. Legislative changes, public awareness campaigns and harsh enforcement programs have all been targeted to wipe out distracted driving linked to cell phone and tablet use while driving. However, distracted driving is not only a technological problem as most distractions that can affect drivers to the point of causing severe crashes are not linked to the use of mobile devices. Indeed, daydreaming, inattentiveness or other thoughts can be some of the most common causes of crashes involving a distracted driver.

One study examined data over five years stored in the national Fatality Analysis Reporting System, which includes information gathered by local police about the cause of the reported car accidents. Of the 172,000 fatalities linked to crashes analyzed by researchers, 1 in 10 was ascribed to distracted driving. While many people's minds may instantly turn to mobile phone use, cell phones were linked to only 14 percent of the distracted driving crashes. The top spot, involved in 61 percent of the accidents recorded, was held by general inattentiveness, including daydreaming or persistent distracting thoughts.

Seeking parental rights after a divorce

In Illinois and throughout the country, more courts are recognizing that fathers should play a role in their children's lives. However, it's still fairly common for mothers to win custody of a child after a divorce. Those who wish to have custody of their kids should be reasonable when creating a parenting plan. The plan should address any time or financial limitations that could make it harder to provide for a child.

Ideally, both parents will work to preserve the child's best interests. This means letting go of any emotional scars that were acquired during a marriage. It also means learning how to let go of trivial issues such as what type of clothes the child should wear. Ultimately, the parents should acknowledge that the child didn't choose to be placed in their current situation. Focusing on the child's best interests also helps to ensure that a child feels safe and loved.

Handling real estate during a divorce

When an Illinois couple decides to divorce, they may need to consider how to divide real estate, especially the family home. While assets like investment accounts or retirement funds can be divided more neatly, a home cannot be split in two. In many cases, divorcing couples still have a mortgage on the family home, and it is often one of the largest single assets involved in the property division process. In addition, it's possible that one or both partners have an emotional tie to the home, especially if children are involved and have grown up in the house.

Many couples simply decide to sell the home. The mortgage can be paid off from the proceeds, and the two spouses can separate the remaining funds as part of the overall divorce settlement. While this solution may seem easier, it does not necessarily respond to the emotional bonds that people may feel with the home. When one spouse wants to remain in the house, there are several issues to consider.

Email us for a Response

Get My Free Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Did you enjoy
working with us?

Review Us

Orland Park Office
15127 S. 73rd Avenue, Suite H2
Orland Park, IL 60462

Phone: 708-263-4574
Fax: 708-342-0679
Orland Park Law Office Map

Oakbrook Terrace Office
One Lincoln Centre
18W140 Butterfield Road 15th Floor
Oakbrook Terrace, IL 60181

Phone: 708-263-4574
Fax: 708-342-0679
Map & Directions