Posted on February 09, 2024 in Divorce

Although resolving your divorce out of court can save time and money, it is not always the right course of action. You may need to contest your divorce if your spouse would not or could not participate in mediation in good faith or if you have suffered abuse during your marriage. There are very few hard-and-fast rules about who should or should not contest their divorce. Rather, this is a decision each individual must make based on their own complete set of circumstances. In some cases, not contesting your divorce would cost you more in the long run if you would have to give up a lot of marital property you are entitled to or would have to agree to pay unreasonable spousal support before your spouse will sign the divorce agreement. A Naperville, IL, divorce attorney can help you decide whether contesting your divorce is likely to hurt or benefit you in the end. 

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 Posted on January 27, 2024 in Divorce

If you have disabilities, you may feel that being disabled is a barrier to divorce. Many disabled adults who cannot work much - or at all - are financially reliant on their spouse and fear that they will not have the money they need to meet their basic needs should they get divorced. Some also rely on their spouse to provide personal care. Understandably, many adults with disabilities worry about what their life would look like without their spouses. Sadly, disabled adults can become vulnerable to spousal abuse and may feel like their only option is to stay. This is not the case at all. Illinois law states that your marital property must be divided in a way that is fair and equitable, and in many cases, spouses with disabilities are eligible for spousal support after ending the marriage. It is important to work closely with an experienced Naperville, IL, divorce attorney if you have these concerns

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 Posted on January 20, 2024 in Child Custody

It can be difficult for parents who are getting divorced or breaking up to work together. If you are leaving your child’s other parent, there is likely significant conflict between you. Sometimes, the stress of raising a child with significant disabilities can strain the relationship to the point where both parties feel that they would be better off co-parenting while living apart. Creating a parenting plan may be more challenging, as your child’s particular needs must be put first. You know your child and what type of support they need best, so you may find it better to work with the other parent to develop a parenting plan yourselves rather than leaving it to a judge, who may or may not be well-informed about your child’s medical condition. A Naperville, IL, child custody lawyer can help you work together to develop the best possible co-parenting strategies. 

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 Posted on January 14, 2024 in Spousal Maintenance

In the now-distant past, the need for alimony was almost assumed. Today, courts are more reluctant to order one spouse to make support payments to the other after a divorce. Even as recently as the 1970s, fewer women had the opportunity to build a career, especially if they were mothers. This generally meant that most wives were financially dependent on their husbands.

Now that the times have changed and many households need the income of both spouses to keep running, courts are more likely to determine that each spouse should be financially independent after a divorce. This does not mean alimony is no longer possible. There are a number of situations where spousal support may still be ordered if there is a clear need for it. If you believe that you will need alimony after your divorce, it is important to work with a Will County, IL, divorce attorney

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 Posted on January 07, 2024 in Child Custody

If you are getting divorced and have children, you will need to create a detailed parenting plan outlining custody, visitation, and child-related arrangements. There are some key things to consider when making your parenting plan to set your kids up for success. An Illinois divorce attorney can help you take the proper steps.

Focus on the Children’s Best Interests

Your parenting plan should reflect what is genuinely best for your children’s well-being. Think about their need for love, safety, stability, consistency, and positive influences. Be honest about what custody and visitation setup serves their interests most. Get input from professionals to gain insight into their developmental, physical, and emotional needs at their ages.

Be Clear and Specific

Uncertainty can lead to conflict down the road. Be as detailed, clear, and specific as possible on all custody and visitation terms. Address exact schedules, locations, transportation duties, holidays, and vacations. Think through special occasions like birthdays, performances, and medical issues. You should also tackle decision-making on major issues like health, religion, or education. Specify means of communication and parameters around introducing significant others.

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 Posted on December 20, 2023 in Child Custody

Divorce can be very difficult for parents, who know that they will likely spend less time with their child as a result. One of the biggest questions on your mind might be who will get primary custody. The answer depends on a group of factors listed in Illinois law. No single factor controls the equation. Rather, the court will consider all factors together in order to determine what is in the child’s best interest. Neither a mother nor a father is guaranteed or even expected to get more parenting time based on their gender or status as the parent who gave birth. Rather, the court will consider each case individually. The family dynamics are different in each case. A guardian ad litem will likely be appointed to help the judge understand how each child custody factor applies in your particular case. It is critical to be represented by a qualified Naperville, IL, child custody lawyer

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 Posted on December 15, 2023 in Child Custody

If you surveyed every couple in the state of Illinois with a divorce in process during the holidays, a significant portion would likely say they are having some thoughts of reconciliation. People can become very sentimental during the holidays. If you have children together, the thought of not spending your major winter holiday together as a family may be painful. Your children themselves may be upset at not having both parents around on the holiday. It can be easy to reminisce with rose-colored glasses about holidays past and how you spent them with your spouse. These emotions can be strong enough to prompt some people to reach out and attempt to reconcile with their spouse. While this may seem like a good idea now, your feelings can easily change in the New Year. It is important to talk it over with your Naperville, IL, divorce attorney before taking any major steps

What Causes Spouses to Reconcile During the Holidays? 

It is normal for people who are in the middle of a divorce to have some feelings of sadness during the first holiday season. Your plans may be very different this year than they have been in years past. One of you will likely be spending holidays with friends or extended family while the other has parenting time. This can be deeply upsetting. You may feel an urge to “fix” the situation - by staying with your spouse

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 Posted on December 15, 2023 in Child Custody

Child custody proceedings can be stressful for any child and any family. Even children with no disabilities frequently struggle with the changes that accompany family law cases. If your child has special needs, this is likely to be very important in your case. In Illinois, all child custody issues from parenting time to allocating the responsibility to provide health insurance for the child are decided based on the child’s best interests. If you are getting divorced, issues other than child custody might be affected by your child’s needs and each parent’s ongoing efforts toward meeting them. It is important to make sure your Naperville, IL, child custody lawyer understands your child's particular needs so they can help you work towards a final result that reflects your unique circumstances

Common Divorce and Child Custody Issues When the Parties Have a Disabled Child

Allocating parenting time and parental responsibilities can be a bit more involved when the parties are trying to separate from one another while still ensuring their child is well cared for and getting the healthcare they need. Some common issues that affect these parents include:

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 Posted on December 06, 2023 in Divorce

For your purposes, the first step in the divorce process should be finding a well-qualified attorney to represent you. The formal legal process of divorce begins when one spouse files a petition for divorce with the court. This petition sets out some basic information, like how long you have been married and where you reside. It also, importantly, must allege that you and your spouse have irreconcilable differences. Having irreconcilable differences is the only ground for divorce still recognized in Illinois. After that petition is filed, your divorce is officially in process. The next steps include serving your spouse with a copy of the complaint and deciding how you both would like to approach the divorce. You have options, like using collaborative divorce to avoid a courtroom battle. Your Illinois divorce attorney can guide you through the entire process. 

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 Posted on November 29, 2023 in Child Custody

Being involved in a high-conflict child custody case is almost always very stressful for everyone involved. It can go from stressful to downright terrifying if your child’s other parent poses a threat to you or your children. Your primary concern is likely keeping your child safe. There are a number of reasons a parent might not be safe for a child to visit unsupervised. A parent who has an active substance abuse disorder or serious mental illness may not be able to provide adequate supervision or may behave unpredictably. A parent who has a history of violence towards you or your children is unlikely to stop the abuse if they are able to see the children without a trustworthy adult present. If your goal is to obtain sole custody, you will need to work with a highly skilled Illinois child custody attorney. You will need evidence showing why it is not safe for the kids to be left alone with the other parent. 

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