Posted on February 28, 2022 in Divorce

The worst nightmare of many people comes true when their spouse unexpectedly asks for a divorce. Sometimes the marriage may not be going well, but reconciliation seems likely; other times, the announcement comes completely out of the blue. It can be frightening and difficult to know what to do, and the idea of hiring a divorce attorney may seem painful and unnecessary.

But if you have been surprised by a request for a divorce, it is important to take your spouse seriously and not put off taking practical actions. You may eventually be able to change your spouse’s mind, but if you cannot, you may put yourself at a serious disadvantage by waiting to find a divorce attorney.

Assess the Situation Realistically

Studies suggest that divorces can be more traumatic for many people than the death of a spouse, especially when one spouse does not want the divorce to happen. Other studies suggest that people who get divorced are often not happier later, and many regret it. But while all these things may be true, if your spouse has made up his or her mind, you need to be able to look at the situation honestly.

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 Posted on February 22, 2022 in Divorce

Couples engaged to be married in DuPage County may choose not to create a prenuptial agreement for several reasons. They may feel that such an agreement detracts from their commitment, or they may believe they do not have sufficient assets to justify the time and expense required to create such a contract. However, once a couple has gotten married, the benefits of a similar contract - the postnuptial agreement - may become clear. Creating a postnup does not mean you plan to get divorced; rather, it allows spouses to protect each other if a divorce does happen. Couples create postnups for many reasons, but knowing the most common reasons may help you decide whether you want to create your own.

Common Reasons For Creating a Postnuptial Agreement

A postnup can address many of the same topics as a prenup and is bound by similar limitations. For example, a couple cannot decide how to handle child support or child custody in their postnup, but they may address other issues that usually have to do with finances. Here are some common reasons couples decide to sign a postnup in Illinois:

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 Posted on February 15, 2022 in Divorce

Although some people choose to continue living in the same house with their ex-partner or try the “birds nest” living arrangement after a divorce, couples getting divorced in Illinois nearly always relocate. Whether to be closer to family, to pursue a new job, or to try to start fresh after a painful separation, relocation with a child following divorce is common enough that some parents choose to include special provisions for relocation in the parenting plan in their divorce agreement. While Illinois laws concerning child relocation still apply, parents can agree to stricter or more personalized details in their parenting plan.

Know Illinois Child Relocation Law

While parents may agree to give each other more time than necessary to consent to or negotiate over a potential relocation, it is important to know how Illinois family law sees this issue. If a parent has majority parenting time or splits parenting time 50/50, that parent requires permission from the other parent or from the court to move under the following circumstances:

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 Posted on February 10, 2022 in Parenting Time (Visitation)

Since Illinois Governor J.B. Pritzker signed the Illinois Cannabis Regulation and Tax Act into law in 2019, many Hoosiers have used recreational marijuana. Marijuana is widely available and some people who use it find themselves struggling to regulate their use. Likewise, although alcohol is legal, people who drink sometimes struggle with how often or how much they drink. Prescription drugs can also be misused or present a hazard when used in conjunction with important responsibilities, like driving a car or providing childcare. While the use of these intoxicants is not illegal, certain behaviors–such as drinking and driving–can get a user in serious trouble with the law. Additionally, using legal substances inappropriately may have an impact on your ability to get or keep parenting time with your children.

Can Marijuana or Alcohol Use Be Used Against Me in Family Court?

While marijuana or alcohol use in and of itself cannot be a reason for a court to restrict a parent’s access to his or her child, using legal substances in a way that might harm the child’s physical, mental, or emotional development and health can be. While this includes driving under the influence, it also includes other concerning behaviors. These include:

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 Posted on January 31, 2022 in Divorce

After a couple’s last child moves out of the family home, the couple will often experience something known as an “empty nest syndrome.” While many parents frequently look forward to the day that they will reclaim some of their time and their space without the challenges of raising young children, the same parents are often surprised by how blue they feel once their children are actually gone.

Without the demands of young children requiring their constant focus, many spouses begin reflecting on their lives from a new perspective. With a better understanding of the time that has passed and the time that remains to them, empty nesters will often reassess their career, their location, and even their relationship. If you are a recent empty nester, know that you are not alone. Knowing why other Illinois couples choose to get divorced during this time may help you create a plan for your own future.

Concerns About Underage Children Keep Many Couples Together

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 Posted on January 21, 2022 in Divorce

When large discrepancies in income exist between former spouses, or when one spouse gave up significant employment opportunities to raise children or care for a home, spousal maintenance may be awarded. Not every Illinois divorce involves spousal maintenance (also known as alimony or spousal support), but when it is fair and appropriate, spousal maintenance must be negotiated. But how much is fair? And how are amounts and the length of payments determined? Here are three factors to consider if you are negotiating spousal maintenance in your Illinois divorce.

What Was the Marital Standard of Living?

Spousal maintenance is not determined simply by how much money one spouse strictly needs until he or she becomes financially independent. If spouses shared a high standard of living, then both spouses will want to continue that lifestyle after their divorce. Illinois courts would consider it unfair that, after enjoying a certain standard of living for many years, one spouse suddenly becomes much poorer while the other spouse continues the same lifestyle as they enjoyed during the marriage - especially when there are children involved.

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 Posted on January 17, 2022 in Child Support

Divorced and separated parents frequently disagree about child support. The parent who is ordered to pay often feels as though the money is not being used correctly, and the receiving parent often feels as though the payments are insufficient to meet the child’s needs. Sometimes a parent will fail to pay child support because he or she feels the amount is unfair or because it seems impossible to afford it.

But no matter the reason, Illinois takes failure to pay child support seriously. Unpaid child support places the full financial burden of raising a child on one parent and reduces the child’s standard of living through no fault of the child. If you are a parent who should be receiving child support and your child’s other parent refuses to pay, it is important to try every method possible to enforce your child support order. An experienced DuPage County child support attorney may be able to help you recover unpaid child support more quickly.

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 Posted on January 07, 2022 in Child Support

For most divorced parents, child support payments end once their youngest son or daughter turns 18. But for some parents, child support can last many years longer, if not an entire lifetime. If you are paying child support, here are three things to be aware of that could make child support last much longer.

High School Graduation

If a child is still in high school when he or she turns 18, child support payments will continue until the child graduates from high school and turns 19. This ensures that one parent is not left paying for all of a child’s educational and housing needs when he or she is still essentially functioning as a minor child. Many child support orders include termination dates, but circumstances can change and parents may need to request a court-ordered modification that includes a termination date. Failure to pay child support is a serious offense in Illinois and it is unwise to assume child support is ending unless you have a confirmed termination date.

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 Posted on December 29, 2021 in Divorce

Attorneys are one of the most frequently criticized groups of professionals in the world. Jokes about attorneys exist in every culture, and there are many stereotypes regarding attorneys, their supposed characteristics, and alleged shortcomings. Working as an attorney is a difficult job, in large part because, contrary to popular belief, attorneys do care about the well-being of their clients and want their cases to succeed. If you are getting divorced, petitioning for a parenting time modification, or hoping to adopt in Illinois, here are some tips for ensuring you have a great relationship with your lawyer.

Help Your Lawyer Build the Strongest Case Possible

Even if your attorney believes you are completely justified in pursuing your preferred outcome, no attorney has the power to snap their fingers and bend the law. Part of engaging with the law is understanding that it is complex, sometimes vague, and often feels unfair. Your attorney’s job is to represent you and pursue the best possible outcome with your case. You can help your attorney build the strongest case possible by being forthcoming about any information that may be relevant to the case. Gathering any financial documents, relevant paperwork, and evidence like text messages can also help your lawyer develop a powerful case.

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 Posted on December 22, 2021 in Child Custody / Allocation of Parental Responsibilities

The relationship between a child and his or her father can be one of the strongest bonds a person ever experiences. Unfortunately, in the past, many unmarried fathers have experienced difficulty and frustration when trying to pursue a relationship with their child. For some fathers, these challenges continue even today - but most would agree that their relationship with their child is worth the fight it sometimes takes to get there. If you are a father in Illinois and you want to seek parental rights, including parenting time and allocation of parental responsibilities, read on.

Establish Paternity

No father has a legal claim to spend time with a child with whom he does not have a legal relationship. Establishing paternity over your son or daughter is the most important first step in a lifetime of love and support. If your child’s mother rejects the possibility of your presence at birth and you cannot sign a Voluntary Acknowledgement of Paternity, you may need to get a court-ordered declaration of parentage. You may need to submit to a DNA paternity test to confirm the biological relationship to the child and establish paternity. Once paternity is established, you can petition the court or parenting time and parental responsibilities.

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