Collaborative Divorce

How Is “Child Custody” Determined in Illinois?

Child Custody

Illinois has done away with the arcane term of “child custody” in relation to care of children by parents in divorce or paternity cases. Since 2016, Illinois law terminology regarding “child custody” was eliminated and replaced with “parental responsibilities”. Likewise, the term, “visitation” became “parenting time”. Parents should understand that, as a starting point, there is …

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Common Divorce Mistakes

Common Divorce Mistakes

Going through the divorce process can be emotionally draining even in the best circumstances when both spouses agree divorce is in the best interests of their family. There is almost always a grieving process, especially when the spouses are angry at each other, or one spouse wants a divorce and the other does not. Although …

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Common Divorce Fears

Common Divorce Fears

A divorce can be a frightening process, particularly for those people who have been married for many years. Sometimes, they cannot even articulate what they are afraid of; they just know they are afraid of what lies ahead. Financial Fear One fear is  what will happen to the family assets that were previously used to support …

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Divorce and Co-Parenting


Married couples can divorce each other, but if they have children, they are not divorcing them, and both will remain their parents forever. Ideally both parents will continue to have a close relationship with their minor children. This means putting aside their personal grievances with each other and learning what co-parenting is all about. What is …

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Divorce – What About the House?

Divorce - what about the house

Couples often come into the divorce process with an emotional attachment to the house. Their attitude is a firm “I want the house.” They may not understand what that entails or even if it is financially feasible. It is important to understand the costs involved in keeping and maintaining the house as well as whether they qualify for a mortgage. …

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Collaborative Practice Series – Part 3: A Team Centered around Your Family

collaborative divorce team focused on your family

Collaborative Divorce: A Team Centered around Your Family Introduction: Going through divorce can make you feel isolated and alone, unsure of where to turn to for support and advice. Unlike traditional divorce, Collaborative Practice provides a team of skilled professionals to help you manage the many aspects of the divorce process. The Collaborative Team: Family …

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Collaborative Practice Series – Part 2: A Better Way to Divorce

collaborative divorce focus on family bonds

Introduction: Collaborative Divorce is a better process in which a divorcing couple, together with trained professionals, work as a team to resolve disputes respectfully without going to court. The Principles of Collaborative Practice: Couples going through divorce can experience confusion, anger, and loss. Under such circumstances, you may find it difficult to see an end …

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Collaborative Divorce Practice Series – Part 1: How to Divorce Without Going to Court

Introduction The end of a marriage or relationship is challenging enough and leaves many couples fearful of long, drawn-out court battles and endless attorneys fees. But there is a better way. Collaborative Divorce is a practice that puts you in control of your legal process with the support you need to transition into a new …

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Illinois Collaborative Process Act

Bruckner Hernandez Legal Solutions, LLC Illinois Collaborative Process Act

According to Margaret Bennett, an Illinois Family Law Attorney and drafter of family law legislation, “The passage of the Illinois Collaborative Process Act is the final phase of the complete overhaul of Illinois family law statutes. The Illinois Collaborative Process Act follows the rewrite of the Illinois Marriage and Dissolution of Marriage Act, the Parentage Act of 2015 and the new income shares child support legislation. Illinois is now one of the leaders in child centric and family focused legislation.”