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Recent Blog Posts

What Are the Benefits of Legal Separation Over Divorce?

 Posted on May 10, 2024 in Divorce

IL family lawyerSpouses who do not want to live together anymore and need legal agreements regarding their marital property and children can choose between legal separation and divorce. Divorce is the more decidedly permanent option. Legal separation is more easily undone if the spouses choose to rekindle their relationship and start living together again in the future. Most of the decisions spouses would make during the divorce process will also need to be made during the legal separation process. If you choose legal separation, you will need to determine who should take possession of different types of marital property and create a parenting plan, much like you would if you got divorced. A Will County, IL legal separation lawyer can help you decide whether it is better for you and your spouse to divorce or to legally separate.

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Does an Absent Parent Still Have to Pay Child Support?

 Posted on May 06, 2024 in Child Support

IL family lawyerIn Illinois, parenting time and a parent’s duty to support his or her children are two completely separate issues. Every parent who has not formally lost his or her legal status as a parent has an obligation to provide financial support to his or her children. Child support is proportional to the parent’s income and financial means and can be awarded whether or not the parent owing child support gets parenting time. Illinois courts have one goal - to do what is in the best interests of the child in accordance with the law. If your child is owed child support but also needs to be protected from your co-parent, you need to speak with a Will County, IL child custody and child support attorney.

Who is Obligated to Pay Child Support? 

All parents have a legal duty to financially support their children. Normally, it is the parent who has less parenting time - or no parenting time at all - who pays child support. You can file a legal demand for child support as soon as you have legally established your child’s parentage. Legally establishing parentage means proving to the court who your child’s parents are.

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Lasting Effects of Temporary Child Custody Agreements

 Posted on April 25, 2024 in Child Custody

IL family lawyerWhen Illinois courts are deciding on a parenting time calendar, they strive to create the arrangement that is best for the child. One of the factors the court will consider is any temporary or existing arrangements the parents have made regarding childcare. Since most parents stop living together while their divorce or child custody case is in court, most parents have some type of temporary arrangement. These temporary arrangements might be formal and in writing, or they might be casual agreements between the parents. Sometimes the parents even have temporary court orders.

Parents should know that their temporary arrangements might impact the permanent schedule the court creates. If you are involved in a child custody case, you need to be represented by an experienced Will County, IL, child custody attorney.

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Tips for Dealing with a Contentious Divorce

 Posted on April 18, 2024 in Divorce

IL divorce lawyerWhen there is a lot of conflict in your marriage, and you and your spouse do not have a civil relationship, getting through your divorce will be difficult. If you and your spouse are furious with each other, neither of you is likely to be willing to compromise on which marital assets you keep or how often you each see the children. Uncontested divorce may still be possible, but there is also a chance that you will need to go through divorce litigation to get a fair outcome. If your divorce is filled with conflict, you must be represented by an aggressive Will County, IL divorce lawyer. You will need strong representation to protect your interests.

Dealing With a High-Conflict Divorce 

Some tips for coping with a contentious divorce include:

  • Avoid direct communication - If at all possible, avoid communicating directly with your spouse. Let your attorneys handle any necessary communication between you. During child custody handoffs, consider having a neutral party bring the children back and forth so you do not have to see each other. 

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Professionals Your Lawyer Might Consult in a Divorce

 Posted on April 11, 2024 in Divorce

IL divorce lawyerWhen you are getting divorced, you certainly need a DuPage County, IL divorce attorney. Your attorney is the one who can make sure your legal rights are being respected and fight for you to receive a fair and favorable outcome. However, there may be other professionals your attorney might recommend bringing in depending on the situation. For example, if you have a complex marital property situation, you may need financial professionals to help untangle your finances. These types of professionals can assist your attorney in helping you through collaborative divorce or litigation.

Types of Professionals Who Could Help With Divorce 

While your lawyer knows the law, your rights, and how to navigate the divorce process, other professionals can assist with certain complicated situations. Professionals your attorney might suggest involving include:

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Protecting Premarital Property in Divorce

 Posted on April 04, 2024 in Property Division

IL divorce lawyerDivorce can be complicated if one spouse entered the marriage with significant assets while the other came into the marriage largely empty-handed. If you had built up wealth before you got married, you likely have a strong interest in protecting what was yours before the marriage. Fortunately, in Illinois, assets you owned before you were married are considered your separate property. However, your spouse could argue that you voluntarily contributed your premarital property to the marriage, which could entitle him or her to a share of those assets. If you had personal wealth before your marriage began, it is important to speak to a skilled DuPage County, IL divorce attorney about how you can protect what is rightfully yours during the asset division process.

Common Types of Premarital Assets and Their Legal Status

Common types of premarital assets people seek to protect during divorce include:

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Child Custody Enforcement Issues in Illinois

 Posted on March 27, 2024 in Child Custody

IL family lawyerOnce you have a finalized parenting plan, you have every right to expect your co-parent to follow it. These plans, once ordered or approved by a court, essentially have the force of law. Your co-parent could face serious repercussions if they choose not to follow the parenting plan or honor your parenting time. Co-parents can violate parenting plans in a number of ways, from failing to show up for custody hand-offs to making decisions they did not have the right to make on their own. If your co-parent is refusing to abide by your parenting plan, an experienced Will County, IL child custody enforcement attorney can help you force them into compliance

Common Types of Parenting Plan Violations 

Common ways a co-parent might violate their parenting plan include: 

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Child Custody Plans for Military Parents in Illinois

 Posted on March 20, 2024 in Child Custody

IL divorce lawyerCreating a parenting time schedule that meets the needs of the child and provides both parents with the opportunity to spend quality time with their children can be difficult for anyone. When one or both parents serve in the military, making the right parenting plan can be even more challenging. Military parents will often need to build flexibility into their parenting plan if there is a chance that a parent will be deployed before the child turns 18 years old. Most people who serve in the military do not remain stationed in the same place for more than a few years at a time, so if your children are younger than about 16 years old, it is likely that parental relocation will become an issue during your proceedings. An experienced Naperville, IL, child custody lawyer can help you create a plan that works for you and your children.

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Divorce After a DUI in Will County

 Posted on March 13, 2024 in Divorce

IL divorce lawyerDUI is one of the most common criminal charges people have on their records. It is very easy to not think you are too intoxicated to drive and then to be proven wrong after a routine traffic stop. If you are getting divorced with children, your spouse might be threatening to use your DUI against you to get full custody of your children or to otherwise make you look bad. In many cases, this is an empty threat. Having a minor criminal record does not somehow make you entitled to less than your fair share of the marital assets or automatically make you an unfit parent. However, it is important to be represented by an aggressive Naperville, IL, divorce and child custody lawyer who can fight back against your spouse’s accusations.

How a DUI Can and Cannot Impact Your Divorce and Child Custody Proceedings

A few factors the court might consider when determining whether your DUI should have any impact on your divorce proceedings include:

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Who Keeps the 401(k) After Divorce in Illinois

 Posted on March 06, 2024 in Property Division

IL divorce lawyerRetirement savings accounts are often one of a married couple’s most valuable assets, especially in a long-term marriage. Since Illinois law states that both spouses can be said to have made contributions to building that asset, both spouses will receive a fair and equitable share of their 401(k). Contributions do not need to be direct financial contributions to count under Illinois law. Homemakers and stay-at-home parents can contribute to their spouse’s ability to earn money to put into retirement accounts in other ways. Only allowing the spouse who worked for pay to keep a married couple’s retirement funds could produce very unfair results, leaving the homemaker without a means of financial support after the divorce. A Naperville, IL, divorce lawyer can help you understand your rights when it comes to dividing a retirement account in divorce.

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