Posted on February 25, 2022 in Family Law

Child custody proceedings can be nerve-wracking for parents. You may be worried about who will be given primary custody and how much time you will be able to spend with your children. In most cases - although certainly not all - both parents will be awarded some parenting time. A child’s upbringing is critically important. Courts do not take these decisions lightly. There are a number of factors that must be considered before judges will decide on the child’s living arrangements. If you are anticipating child custody proceedings, you will want to be represented by a qualified family law attorney.

What Factors Does the Court Consider When Making Custody Decisions?

There is a list of factors that a judge will take into consideration before deciding who children will live with and what type of visitation schedule is appropriate. None of these factors alone is the deciding factor. Rather, the factors are considered together as a whole. These factors include:

Continue Reading ››

 Posted on February 18, 2022 in Divorce

There are quite a few alternatives to divorce litigation available these days. You and your soon-to-be ex-spouse can choose options like collaborative divorce or mediation. Divorce litigation is typically a last resort option when either alternative solutions have failed or your spouse absolutely will not cooperate. Reaching an agreement rather than taking your divorce case to court offers quite a few benefits. Unfortunately, there are some cases where you have no choice but to litigate. If you are going through a divorce, an attorney can help you understand what your options are and choose the one that is right for you in your situation.

What Are the Benefits of Settling a Divorce Out of Court?

Most modern divorces are resolved without litigation. In the majority of divorce cases, your attorney is likely to steer you towards mediation, or attempt to negotiate with your spouse. Avoiding litigation offers advantages like:

Continue Reading ››

 Posted on February 15, 2022 in Family Law

Once you have separated from or divorced your children’s other parent, you would probably like to be free to live your own life. This may include relocating. However, if you have parenting time (physical custody) of your children even part-time, moving may not be as simple as you would like. A number of circumstances may mean that relocating is the right move for your family. Perhaps you were offered a better-paying job elsewhere, or you need to be geographically closer to extended relatives, such as your children’s grandparents. Maybe the area you used to live in with your co-parent simply holds too many bad memories. There are plenty of valid reasons for wanting to move with your children.

Before you start packing, you may want to speak with a child custody lawyer who can help make sure the court will be alright with your move. There may be legally required steps you need to take first.

Rules Illinois Parents Should Be Aware of Before Moving With Children

Continue Reading ››

 Posted on February 07, 2022 in Divorce

Having a spouse who is “bad with money” can be tricky. It can even lead to divorce. Dissipation of marital assets is more than being bad with money. It refers to one spouse–unilaterally, without the other’s agreement0–spending a large amount of marital funds recklessly on things that do not benefit the marriage. This type of money-wasting behavior often leads to debt, problems with credit scores, or difficulty paying routine expenses. It can also prompt the more financially responsible spouse to file for divorce out of frustration and a need to protect themselves. Dissipation can become a major factor during the division of assets.

If you believe that your spouse’s reckless spending amounts to dissipation, it is important to work with a divorce attorney who may be able to help you recover some of the funds your spouse dissipated during the divorce.

What Are Some Examples of Spending That Amount to Dissipation?

Continue Reading ››

 Posted on January 28, 2022 in Divorce

There is a misconception surrounding divorce and divorce attorneys: many people assume that retaining a divorce lawyer is only needed if the split is especially hostile. In reality, working with a divorce lawyer can benefit you, your soon-to-be-ex, and your children even if the situation is amicable. Getting divorced involves many complex financial, legal, and practical concerns. Your attorney can help you address these concerns in a way that minimizes the negative impact of divorce on you and your wallet.

Benefits of Retaining an Attorney During Your Naperville Divorce Case

Television and movies have driven many popular misconceptions about divorce. One of these misconceptions is that working with a lawyer automatically means that your case will be unnecessarily litigious and antagonistic. This is not the case. Many divorce attorneys focus more on providing trustworthy guidance and practical assistance than stirring up conflict. If you are on the fence about hiring a divorce lawyer, consider the following benefits of working with an experienced divorce attorney:

Continue Reading ››

 Posted on January 24, 2022 in Paternity

Families come in all shapes and sizes. Some families include children from multiple parents, adopted children, half-siblings, and stepparents. The word “paternity” refers to the relationship between a father and his child. In the context of a family law case, paternity is the official declaration of fatherhood. Unfortunately, paternity issues can often become muddled by confusion, deceit, or misunderstanding. If you are a parent with questions about paternity in DuPage County, read on to learn more.

What is Paternity?

Paternity is the legal relationship between a father and a child. When a man and woman conceive a child together, the man is the child’s biological parent. However, additional steps may need to be taken to establish the father-child relationship in the eyes of the law.

When is Paternity Assumed?

In Illinois, paternity is sometimes assumed. This means no further action is needed to establish the legal relationship between the father and the child. Upon a child’s birth, the mother’s husband is presumed to be the child’s father. The father is also assumed if the couple were in a civil union or the child was born within 300 days of a couple’s separation or divorce.

Continue Reading ››

 Posted on January 18, 2022 in Child Custody

Initial Post: June 19, 2015 --------- Updated January 18, 2022

When unmarried parents have a child or married parents divorce, the parents have several important decisions to make. They must address how they plan to raise the child and fulfill parenting duties. They must also determine if and when the child will live with each parent.

While the term “child custody” is still sometimes used informally, Illinois law no longer uses the terms joint custody and full custody to describe parenting duties. In 2022, the “allocation of parental responsibilities” describes how major decisions about the child’s life are made. “Parenting time” describes the time a child lives with or visits a parent.

Many parents wonder if they can get sole custody of their child instead of sharing joint custody with the other parent. Courts typically favor parenting arrangements in which the child spends time with both parents. However, it is sometimes in the child’s best interests for one parent to retain all of the parenting time or parental responsibilities.

Continue Reading ››

 Posted on January 07, 2022 in Family Law

In most cases, In Illinois, what used to be called “visitation” is referred to as “parenting time.” Similarly, “child custody” is called the “allocation of parental responsibilities.” Courts always make decisions about the allocation of parenting time and responsibilities based on what is in the child’s best interests. In most cases, children benefit from unrestricted access to both of their parents. However, issues such as addiction and domestic violence can make a parent’s home unsafe for children. Fortunately, Illinois provides several different options for restricting parenting time.

Situations in Which Restricted Parenting Time May Be Ordered

Illinois courts will only limit a parent’s rights in extreme circumstances. Some of the most common reasons for restricted parenting time include:

• The parent has been convicted of domestic violence-related charges

  Continue Reading ››

 Posted on December 28, 2021 in Prenuptial and Postnuptial Agreements

As a business owner, the way you make a living differs from a typical “9 to 5” job. The business is more than just a source of income, it is a long-term investment that you have probably poured your heart and soul into. Protecting your business is crucial. This is one reason many business owners and entrepreneurs choose to sign a prenuptial agreement when they get married.

Benefits of a Prenuptial Agreement for Business Owners

If you are getting married, you may be interested in learning more about the benefits of a prenuptial agreement or “prenup.” These legal tools are becoming increasingly popular for a number of reasons. Most importantly, a prenup protects business assets in the event of divorce. The divorce rate hovers around 40-50 percent, so preparing for this possibility is important for any engaged person.

In Illinois, equitable distribution laws require courts to divide marital property equitably or fair with regard to the spouses’ circumstances in a divorce. Businesses that were established during the marriage are usually non-marital property not subject to division. However, many different situations can cause a business to be considered either partially or fully marital property. For example, the non-owner spouse may be entitled to a share of the business’s value if he or she contributed time, money, or labor to the business. Through your prenuptial agreement, you can identify the business as non-marital property which is separate from the marital estate. Alternatively, you can establish each spouse’s share of the business interests and liabilities. You can also designate how any appreciation in the business’s value should be divided upon divorce. Doing this in advance can simplify divorce proceedings considerably.

Continue Reading ››

 Posted on December 21, 2021 in Divorce

If you have recently decided to get divorced, you may be unsure of what to expect. Most people have little to no experience in legal matters when they enter into the divorce process. Understandably, it can seem overwhelming. One way to prepare yourself for divorce is to learn the basic steps typically in the divorce process. Although divorce generally follows the same general sequence of events, special circumstances can change the divorce process considerably. For advice and information catered to your situation, contact a skilled divorce lawyer.

How to Get a Divorce in DuPage County

No two divorces are exactly the same. However, the basic steps in the divorce process are as follows:

• Filing for divorce - In the state of Illinois, divorce is technically called “dissolution of marriage.” The dissolution process begins with a “Petition for Dissolution of Marriage.” The spouse who files the petition and initiates the process is the petitioner. The other spouse is the respondent. Illinois is now a no-fault state which means that you will not need to explain the specific reasons you are seeking a divorce. You must only assert that “irreconcilable differences” have led to the relationship’s failure.

  Continue Reading ››