Law Offices of Patrick Markey | Illinois Family Law Blog
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Blog posts on topics such as Family Law, Divorce, Collaborative Law, Premarital Agreement, Child Custody, and more. The Law Offices of Patrick Markey focuses on Illinois Divorce, Child Custody, and support and specializes in divorce, collaborative divorce, child custody, child support, premarital agreements, and adoption.
Law Offices of Patrick Markey | Illinois Family Law Blog
1M ago
Participating in Divorce with Respect Week holds profound significance for me, rooted in my strong belief in the power of collaborative methods and mediation. Over the years, I’ve come to understand that the essence of a respectful divorce lies in resolving conflicts outside the courtroom—a task demanding considerable effort, energy, and professional skill.
My journey towards embracing a non-adversarial approach began around 15 years ago, while working at a law firm with a heavy emphasis on litigation. It became increasingly evident that the conventional court route was far from an ideal solut ..read more
Law Offices of Patrick Markey | Illinois Family Law Blog
2M ago
You have just gotten engaged, and the excitement is exhilarating. In the midst of the wedding preparations and dreams of a shared future, the question of a prenuptial agreement (prenup) might arise. But what are the pros and cons of taking this legal step?
Having Important Conversations Before Marriage
One significant pro of a prenup is the opportunity it provides for you and your soon-to-be spouse to have crucial conversations about the legal aspects of your marriage. Many people enter their marriage without a clear understanding of their legal obligations and rights. A prenup acts as an educ ..read more
Law Offices of Patrick Markey | Illinois Family Law Blog
3M ago
After a divorce is over, alimony or spousal maintenance as it’s known in Illinois serves as a financial lifeline for many people. However, what you may not realize is that you can lose receiving those spousal maintenance payments in Illinois in ways other than by getting married. The specter of cohabitation looms large, presenting a complex web of factors that, if not navigated carefully, could lead to the termination of monthly spousal maintenance payments. In this blog post, we will explore the lesser-known threats to alimony, the legal nuances surrounding cohabitation with a significant oth ..read more
Law Offices of Patrick Markey | Illinois Family Law Blog
5M ago
When a marriage reaches the point of divorce, it often raises questions and concerns. One of the common dilemmas that individuals face is whether they should move out of the house or continue living together during the divorce process. Here are some valuable tips on this topic:
Don’t move out until you have a plan. This is particularly true if there are minor children. It’s essential to establish a temporary parenting time schedule through a court order, as opposed to relying on informal agreements. Moving out can trigger a series of immediate issues such as parenting schedules, financial supp ..read more
Law Offices of Patrick Markey | Illinois Family Law Blog
5M ago
When seeking legal guidance for your divorce, opting for a Collaborative Divorce can make the process smoother and less adversarial. Collaborative Divorce involves you and your spouse and your attorneys working together to find amicable solutions, rather than engaging in a protracted courtroom battle.
If you’re considering this approach, here are some valuable tips on how to choose the right Collaborative Divorce attorney.
1) Look for Commitment: Not all family law attorneys concentrate in Collaborative Divorce. It’s essential to find an attorney who is genuinely committed to this approach. A ..read more
Law Offices of Patrick Markey | Illinois Family Law Blog
5M ago
In recent years, the legal landscape regarding same-sex marriage and divorce has undergone significant changes. With the legalization of same-sex marriage in all 50 states, including Illinois, the question arises: Is a same-sex divorce any different from a heterosexual divorce in Illinois?
Equality in Divorce Rights
Same-sex divorce is no different from any other type of divorce in Illinois. The legalization of same-sex marriage on a federal level has ensured equal treatment for same-sex couples. Previously, when civil unions were recognized instead of marriage, there were certain limitations ..read more
Law Offices of Patrick Markey | Illinois Family Law Blog
5M ago
This is a question that often arises when couples find themselves in a tumultuous relationship but are unsure about how that is impacting their children. When children are exposed to high levels of conflict and hostility between their parents there is a higher risk that they will be faced with problems later in life. These problems can manifest as:
Emotional issues
Behavioral challenges
Physical health concerns
Social difficulties
While it’s important to note that exposure to conflict doesn’t guarantee negative outcomes, it does increase the likelihood.
When considering divorce as an alterna ..read more
Law Offices of Patrick Markey | Illinois Family Law Blog
5M ago
The topic of relocating after a divorce is a complex issue that often arises when children are involved. While many people may think that they can just up and move with their children, the reality is that it’s not that simple. The rules and regulations surrounding relocation are designed to protect the best interests of the child and ensure that both parents have continued access to their children.
In most cases, if there is no divorce or custody case pending, then someone can move with their child without the court’s involvement or permission. However, if a case is pending, such as a custody ..read more
Law Offices of Patrick Markey | Illinois Family Law Blog
5M ago
If you are planning a divorce, but hope to divorce as amicably as possible, consider using mediation instead of traditional litigation. In litigation, you, and your spouse each have your own attorneys and each of you tries to be the “winner.” When it is over and the divorce is final, both spouses often feel beaten up and neither feels like a winner.
Mediation is a less adversarial way to settle your issues. Mediation can help you and your spouse resolve your differences without going to court, and it can help you maintain a positive relationship after divorce.
How the Mediation Process Works
I ..read more
Law Offices of Patrick Markey | Illinois Family Law Blog
5M ago
First Understand your Divorce Options?
Traditional Litigation. Most people have never even heard the term “Collaborative Divorce.” Instead, when they think of divorce, they think of the traditional litigation process which pits the spouses against each other, with each spouse striving to be the “winner” of the court battle. The couple rarely meets to try and amicably settle their issues. In a litigated divorce, the couple depends on the court to settle all their important issues, including division of assets, child custody and visitation, child support and spousal support. This process diffe ..read more