Posted on November 20, 2023 in Divorce

Many parents struggle to maintain their previous work schedule once they have children. It can be difficult just handling the basics of dropping them off at school on time and bringing them after school when you are expected to be at work around the time school starts and your workday lasts longer than the school day. A long commute can make it nearly impossible. When you consider that many children also have extra-curricular activities, medical appointments, or special needs, the logistics alone can be too much to handle for a working parent. This leads many families to decide that one parent should not work and instead be a stay-at-home parent. If you are a non-working parent and are concerned about financial issues after divorce, a DuPage County, IL divorce lawyer can work together with you on a plan to protect your rights.

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 Posted on November 14, 2023 in Child Custody

There is a common assumption that if a couple has children, the mother will automatically get most of the parental rights and responsibilities in a divorce: the mother will get full custody and the father will only be able to visit with the children; the mother will have all decision-making rights for the children, regarding their schooling or healthcare or anything else; the father will pay child support and the mother will be the main parent in the child’s life. These assumptions are no longer accurate.

Every state has its own laws for this section of the law, and even within each state, every divorce is unique. There is no hard rule about “all” divorces being decided in any certain way. That means there is no reason to assume your spouse will get all the parental responsibilities in a divorce. If you are a father and are considering divorce, an experienced DuPage County, IL, divorce lawyer will be able to answer any questions and explain what you can expect with knowledge and sensitivity.

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 Posted on November 07, 2023 in Divorce

While it is true that no two divorces are the same, there are still some issues that commonly come up. Whether the two spouses are splitting up amicably or are unable to even make eye contact, they will still generally need to figure out asset division, spousal support, and property division. And regardless of how easily a couple can reach agreements about all those things in a divorce, child custody issues are commonly difficult to work out.

A couple can be ending their marriage on great terms and still find it nearly impossible to formulate a plan for how they will raise their children in this new dynamic. Also, parents can sometimes be so wrapped up in worry about the divorce settlement they might not always feel able to keep their children’s best interests at the center of their minds.

In such cases when parents cannot agree on how their parental responsibilities should be divided in divorce, a guardian ad litem, or GAL, can be appointed by the court. This is a legal representative specifically tasked with advocating for the child’s interests. If you believe an acrimonious divorce may be in your future, it might be good for you to understand what exactly a GAL does. An experienced DuPage County, IL child custody attorney can answer your questions and help prepare you for the next steps in your divorce.

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 Posted on October 25, 2023 in Divorce

When parents go through a divorce, they need to reach agreements on several different issues that can affect their family. Even if the divorce is not contentious and the two sides can come to an amicable settlement, the parenting plan that they formulate will naturally be based on their circumstances at the time of the divorce. As often happens in life, sometimes unexpected changes can happen to a divorced parent, and these can make it challenging to adhere to the original parenting plan. If changes in your life have you considering changes to your parenting plan, an experienced DuPage County, IL divorce lawyer can explain what rights you have under Illinois law.

What Is the Law in Illinois about Parental Relocation?

Typical changes that people go through in life can complicate matters for divorced parents. For example, if your Illinois divorce settlement includes the fact that you will be paying child support, but then years later, you lose your job, you would likely find it difficult to continue making the payments you originally agreed to. If the parenting plan that you agreed to includes certain times when your children sleep in your respective homes and then your ex starts to seriously date someone who sleeps over, you may no longer feel comfortable with your children sleeping there, too. Another life change that can complicate matters for divorced parents is relocation.

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 Posted on October 18, 2023 in Family Law

When a couple with children goes through a divorce, there are many issues they need to work out in their divorce settlement. Where will each spouse live? Where will the children live? Who will decide where the children go to school? Who will pay child support, and how much will those payments be?

The arrangements agreed upon during a divorce settlement are naturally based on the circumstances at the time of the divorce. But if conditions change, it could have a huge impact on a parent’s ability to fulfill their end of the deal. If you are a parent who pays child support, and new circumstances are making it difficult for you to uphold those payments, a DuPage County, IL divorce lawyer can walk you through the process of child support modifications.

Can I Modify My Child Support Obligations in Illinois?

When you were finalizing your divorce settlement, it would have been natural for your child support agreement to be drawn up based on the income you were earning. But sometimes circumstances change. What happens if you get laid off, for example? Can the courts still require you to keep making the same payments even if you are no longer earning the income you once were?

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 Posted on October 13, 2023 in Spousal Maintenance

Alimony, otherwise known as spousal maintenance, can have a big impact on both the one paying it and the one receiving it. It can greatly affect their finances and is a major consideration in their financial planning. Without it, many more unhappy couples would likely remain married. Why? If one spouse has filled the “homemaker” role while the other has developed their career, the nonworking spouse would otherwise have no way to finance their life if they divorced. The spouse who spent all those years working and earning would have been unable to do so if the other spouse had not stepped up at home, giving them the freedom and ability to go off to work. Recognizing this, the courts have formulated methods to calculate spousal maintenance payments. If you are considering divorce but have questions about alimony, a DuPage County, IL divorce lawyer can help clear up some of the confusion.

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 Posted on October 06, 2023 in Divorce

Divorce can be a complicated process for any couple to go through. If you have children, you will need to decide which parent has which rights and responsibilities. If you own a home, you will need to decide what will happen with that property in the divorce settlement. If you have any assets, those will need to be divided in some way. And if either spouse has incurred debt, that is another difficult matter that requires resolution. If you are considering divorce but are concerned about how debt division might affect you, a DuPage County, IL divorce attorney will be able to shed light on this sometimes confusing topic.

What Is an Equitable Distribution State?

The majority of states, including the State of Illinois, are considered “equitable distribution states.” This means that instead of dividing a couple’s assets equally in a divorce settlement, a different calculation is used to determine the fairest way to distribute everything. Rather than taking everything the couple has acquired and dividing it all down the middle, the courts will take into account all their shared assets, debts, the duration of the marriage, each spouse’s unique needs, and other information.

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 Posted on September 27, 2023 in Uncategorized

You have decided that divorce is the right step for you, but how should you move forward now? Divorce does not have to be terrible, and in fact, many people can feel an enormous sense of relief once it is over. However, if you want a desirable outcome in your divorce settlement, coming prepared is the best thing you do. A DuPage County, IL divorce attorney can explain all the aspects of a divorce to help you prepare as best you can.

Where Do I Even Begin?

The first thing you should do if you are convinced that divorce is in your future is to find a lawyer to represent you and your best interests. You should seek a law firm that has experience dealing with divorce. If there are any special circumstances about your divorce - for example, if you have young children, if this will be a high-asset divorce, if you and your spouse co-own a business - you will want to make sure the law firm you chose has dealt with similar cases in the past. 

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 Posted on September 19, 2023 in Divorce

Infidelity in marriage is becoming increasingly common. In some states across America, cheating could be enough for a court to grant the other spouse full custody and other beneficial terms in a divorce. In the State of Illinois, which is considered a “no-fault” state, neither spouse is considered responsible for a marriage breaking apart and both need to share parental responsibilities regardless of why they are splitting up. 

You may have cheated on your spouse, but that has nothing to do with how you are as a parent. If you are a parent thinking about divorce in the State of Illinois and you had an affair, a DuPage County, IL divorce lawyer can help you understand the process and advocate on your behalf.

What Is a No-Fault Divorce State?

In the past, people needed to prove to the courts why they deserved to be granted a divorce. They needed to provide the court with their “grounds for divorce.” Grounds generally included abuse, infidelity, or abandonment. But in 2016, the State of Illinois decided that from then on, couples no longer need to present the grounds for their divorce. Neither spouse needs to worry that their reputation will be ruined in divorce court. 

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 Posted on September 15, 2023 in Divorce

All divorces taking place in the State of Illinois need to meet the state’s residency requirements. That means that if you want to file for divorce, you need to have lived in Illinois for at least 90 days. The county where you file for divorce is the county in which your divorce will be handled, and the specific county where your case is handled is called the “venue.” 

There are certain circumstances in which you may want to settle your divorce in a different county. If you feel that a change of venue would serve your interests, a DuPage County, IL divorce attorney will be able to clear up some confusion around the significance of where your divorce is handled, and guide you through the process of transferring it to a different county.

Does Venue Matter in an Illinois Divorce?

When someone files for divorce, their case will be handled in the county where they filed, which is generally where they or their spouse reside. Even if the spouses are living in separate counties at the time of filing, the divorce gets assigned to the county in which it was filed. All Illinois family courts follow the same state laws, but some counties may handle them slightly differently. The specific county where your divorce is finalized might affect the outcome.

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