DuPage County family law attorneysFamilies have changed significantly over the last several years, and that includes the way that they do divorce. In fact, one trend is gaining some serious momentum among divorcing parents. Known as birdnesting, or just nesting, it is a parenting plan that bucks all things traditional. The following can help you understand this new way of parenting after divorce, and it can help you decide if it may be the right option for your family.

What is a Nesting Divorce?

In a traditional divorce, one parent might keep the home and the children might go and visit the other parent at their home. In a nesting divorce, the children keep the home (so to speak). They reside there full-time, and then parents take their turns rotating in and out of the home to care for the children. Some couples also have a joint apartment where each one stays while the other is with the children.

Pros and Cons of a Nesting Divorce

While every parenting plan has its own set of pros and cons, those in birdnesting divorce are highly unique. Couples share living space, household chores, and may even sleep in the same bedroom, just at different times. While, on one hand, this could help each party save money (depending on the situation), it requires a great deal of cooperation and respect for one another’s privacy and personal space. Schedules can also become a bit more complicated in a birdnesting divorce, especially if parties are also sharing a joint apartment.

However, many couples find that the pros greatly outweigh the cons. In fact, many say their children adjust better after divorce, and they may experience fewer emotional issues because they are not uprooted, and their schedules often resemble their pre-divorce schedules. Another major benefit is that couples can slowly transition to a living arrangement that is more suitable as their children grow; after all, birdnesting may not be needed until they are adults.

Deciding if Birdnesting is Right for Your Family

Only you can decide which parenting plan option is most appropriate for your family, but Stock, Carlson, Oldfield & McGrath, LLC can help you understand the potential benefits and consequences of your choices. We can also guide you through the divorce and parenting plan process to help mitigate against any issues. Schedule a personalized consultation with our DuPage County divorce lawyers to get started. Call 630-665-2500 today.



Posted in Child Custody | Tagged , , , , |

Illinois divorce lawyersSmall, family-owned businesses have made a comeback over the last several years, and they were instrumental in our country’s post-recession recovery. Unfortunately, family businesses still face some unique and potentially devastating challenges; one of the most concerning is the risk of failure, closure, or liquidation during a divorce. If you have a small family-owned business and would like to avoid liquidation or closure, the following information may help.

How Family Businesses Are Treated in Divorce

Family-owned businesses are typically considered marital property during a divorce. There are a few exceptions, of course. For example, a business might be considered a non-marital asset if one party started the company before the marriage began and never used marital funds for business-related expenses. Even in these situations, couples are encouraged to speak with an attorney. After all, many nuances, exceptions, and exclusions can alter the outcome of a divorce case; businesses often complicate the already complex process even further.

More Than Just a Business

If you and your spouse built your business together, each of you might have more than a financial stake in its fate; there could also be emotions tied to the outcome of your case, such as grief, resentment, or fear. Sadly, those heightened emotions can also create a great deal of contention during the divorce process. Ultimately, this can drag out the divorce process, and it may even place the parties at risk of financial loss. Even worse, the business could be forced to close if parties are unable to reach an agreement.

Protecting Your Family Business in Divorce

While it is possible to joint-own a company with your spouse after a divorce, it is often considered a bigger risk than simply dividing the business through a buyout or liquidation. The reasoning behind this relates to the contention and animosity that couples may experience during the divorce. If severe enough, that tumultuous situation could be the company’s demise.

How do you protect your business from such a fate? It is generally recommended that you first contact an attorney and ask for a valuation of the business. Then, once you know the true value of the company, you and your spouse can attempt to negotiate the terms of your divorce. Just ensure that you have an experienced attorney on your side, protecting your interests, every step of the way.

Contact Our DuPage County Divorce Lawyers

If you are planning on filing for divorce and have a family-owned business, contact Stock, Carlson, Oldfield & McGrath, LLC. Dedicated and experienced, our DuPage County divorce lawyers can examine your situation and help you understand your options. Schedule a personalized consultation to learn more. Call 630-665-2500 today.




Posted in DIvision of Property | Tagged , , , , , |

Illinois divorce lawyersFor decades, experts assumed that divorce, in and of itself, increased the risk of complications for young children. Now there are studies emerging, showing that it is not actually divorce, but contention, a common but negative byproduct of the emotional process. In fact, one new study recently determined children were at an increased risk for certain illnesses if they witnessed an emotionally traumatizing split. In light of this new information, parents may want to do all they can to achieve an amicable divorce. Learn more with help from the following information.

Illness and Contentious Divorce

Published in the journal Proceedings of the National Academy of Sciences, the study looked at the frequency of illness in 201 adults. Some had parents who had remained together during childhood and others had parents who had separated or divorced. Those with parents who had divorced and not communicated afterward were found to have a higher risk of immune system issues. More specifically, these individuals were three times more likely to develop a cold than those that had parents who had divorced but remained in contact or had never divorced.

Understanding Why the Link Exists

Although the study did have some limitations, and no direct correlation between contentious divorce and illness was found, it does echo the findings of other studies. Stress has been repeatedly linked to adverse health in children and adults, and researchers believe that it was the prolonged exposure to stress that may have increased the risk of illness for participants with divorced, non-communicative parents.

Pursuing an Amicable Divorce

Because there may be a link between the long-term stress of a contentious divorce and an increased risk of illness, parents may want to do all they can to ensure an amicable divorce. While this is not always an easy task, there are some strategies that you can use to improve your chances. For example, you can:

  • Seek mediation instead over litigated divorce,
  • Have your attorney handle the divorce-related matters,
  • Limit necessary conversations to pertinent child-related matters,
  • Use email to coordinate schedules,
  • Place mutually agreed upon time limits on phone conversations, and
  • Focus on the best interests of your child above all else.

Contact Our DuPage County Divorce Attorneys

At Stock, Carlson, Oldfield & McGrath, LLC, we recognize just how important it is to protect your child’s future and best interests. Dedicated and experienced, our DuPage County divorce lawyers will work hard to develop a creative parenting plan that can hopefully satisfy all involved parties. Schedule your free initial consultation to get started. Call 630-665-2500.



Posted in Divorce | Tagged , , , , |