Recent Blog Posts

3 Ways Your Spouse Can Hide Assets in a Divorce

 Posted on May 20, 2024 in Marital Property

Kane County, IL divorce lawyerWhen a couple gets divorced in Illinois, both spouses are entitled to marital property. Marital property refers to assets that were acquired during the marriage by either spouse, with some exceptions:

  • Inheritances

  • Gifts exclusively for one spouse

  • Property that was acquired by using non-marital assets as collateral

During a divorce, marital property must be distributed between the spouses equally. Sometimes, a spouse tries to hide his or her assets so that they are not divided with the other party. It is illegal to hide assets during a divorce, but hidden assets are sometimes hard to find. An experienced Illinois hidden asset attorney, however, will know what to look for.

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Can Marital Misconduct Affect My Divorce in Illinois?

 Posted on May 08, 2024 in Divorce

Kane County, IL divorce lawyerIllinois is a no-fault divorce state, which means that spouses who want to get divorced do not need to show that someone is to blame for the divorce. A court only needs to know that there are “irreconcilable differences” such that the marriage cannot survive.

Unlike some other states, Illinois divorce law does not generally care whether a spouse engaged in marital misconduct. Courts are not allowed to take such misbehavior into account when:

  • Deciding how assets should be divided

  • Making decisions about family maintenance, including spousal support and child support

There are certain cases, however, in which marital misconduct can impact a divorce. An Illinois divorce attorney can help you understand how your specific divorce might be affected.

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Can I Establish Paternity Without the Father’s Consent?

 Posted on May 03, 2024 in Paternity

St. Charles Child Custody LawyerWhen a woman gives birth in Illinois, her husband is automatically considered the legal father. This is also the case if:

  • The parents divorced less than 300 days before or after the birth.

  • The parents entered into any other kind of legal relationship, such as a civil union, within 300 days of the birth.

If the parents do not enter a legal relationship, however, then the law does not assume that anyone is the father. In this case, the father must declare his fatherhood and, in some cases, prove it. This is called establishing paternity.

However, if the father does not want to establish paternity, the mother can take certain steps to force paternity to be established.

This article will discuss why establishing paternity is important and how it can be done without the father’s consent. If you want to establish paternity, consult with a qualified Illinois paternity lawyer who can help you through the process.

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5 Things to Do if You Are Falsely Accused of Abuse in a Divorce

 Posted on April 30, 2024 in Child Abuse

Kane County, IL divorce lawyerIn some high-conflict divorces, one spouse tries to harm the other spouse with false allegations of abuse. He or she accuses the other spouse of engaging in physical, emotional, or sexual abuse against an adult or child. These allegations can affect the accused spouse in severe ways. For example:

  • It can cost him or her child custody.

  • He or she can receive prison time.

  • He or she can be burdened with a criminal record.

Law enforcement and the Illinois Department of Child and Family Services (DCFS) are required to take every accusation seriously. If a report is made against you, an investigation will be opened. As soon as you think you are the victim of a false report of abuse, contact an Illinois divorce attorney who can help you begin crafting your defense.

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What Type of Custody Schedule Is Best for My Child?

 Posted on April 25, 2024 in Child Custody

Kane County, IL child custody lawyerParents who get divorced in Illinois are required by law to submit a parenting plan to the court. A parenting plan is a legal document that outlines the parameters of child custody, such as:

  • Whether the parents share joint custody or if one of the parents has sole custody

  • How the parents split parenting time, otherwise known as physical custody

  • How decision-making responsibilities are divided between the parents

  • Transportation arrangements for shuttling the child between the parents

  • Parenting schedules

Hopefully, the parents will be able to communicate with each other and place the best interests of their child first. In that case, they will probably submit a joint parenting plan to the court. Otherwise, each parent must submit his or her own. Either way, a parenting plan should be created with the help of an experienced Illinois attorney

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How Do I Know If My Ex is Alienating My Child From Me?

 Posted on April 19, 2024 in Child Custody

St. Charles, IL child custody lawyerParental alienation, which is when one parent tries to interfere with the relationship between a child and her other parent, sometimes happens in hostile marriages or divorces. Parental alienation affects the child deeply and can even be viewed as a form of child abuse in Illinois. In 2013 the Illinois legislature designated the month of April as Parental Alienation Awareness Month.

Because parental alienation is a serious concern, it is also a serious accusation and has legal consequences. Make sure you know the signs of parental alienation and what actions you can take if your child is being estranged from you.

If you suspect that your co-parent is alienating your child from you, contact a qualified family lawyer in Illinois who is experienced in parental alienation matters.

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Do I Have First Right of Refusal to See My Child in Illinois?

 Posted on April 16, 2024 in Child Custody

Kane County, IL child custody lawyerWhile parents and courts try to make parenting time arrangements as stable and consistent as possible, sometimes plans change. The child is then forced to adapt, which can increase confusion for a child already suffering from it.

For this reason, some parents choose to put a “first right of refusal” clause in their parenting plan. This article will discuss what a parenting plan is and why you might consider requesting the first right of refusal.

As always, it is best to consult with an experienced family lawyer if you have any questions about parenting time.

What is a Parenting Plan?

One of the things parents who are getting divorced must do is create a parenting plan. A parenting plan, according to Illinois law, is a legal document that establishes how parenting rights and responsibilities will be distributed between the two co-parents. It includes, for example:

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How Can a Prenuptial Agreement Affect a Divorce in Illinois?

 Posted on April 11, 2024 in Prenuptial Agreements

Kane County, IL prenuptial agreement lawyerCouples who decide to get married are often encouraged to sign a prenuptial agreement. This agreement outlines what will happen to property belonging to each party and the couple as a whole in the event of death or divorce. It becomes effective upon marriage.

Although signing a prenuptial agreement can be helpful in many scenarios, it is legally complex and should be drafted by an attorney who is experienced in family law. 

If the couple decides to divorce, a prenuptial agreement often becomes a major factor in the divorce proceedings. This article will discuss the benefits of signing a prenuptial agreement, what the agreement includes, and how it can impact a divorce.

Why Sign a Prenuptial Agreement?

There are several reasons why you might want to sign a prenuptial agreement:

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Can I Date Other People Before My Divorce Is Final?

 Posted on April 08, 2024 in Divorce

St. Charles, IL divorce lawyerUnder Illinois law, divorces are not anyone’s “fault.” The only legal basis for divorce is “irreconcilable differences.” Sometimes those differences are so great that at least one spouse might be looking to move on even before the divorce is finalized. 

It is not illegal to enter a new romantic relationship before your divorce is final, and it will not make the divorce your “fault.” It can, however, complicate the divorce process for you and those around you. It is advisable to consult with an experienced divorce attorney before committing to a new relationship while your marriage is still valid.

Here are a few complications that can arise if you start a new relationship before your divorce is official.

It Can Affect Cooperation From Your Spouse

Cooperation between two spouses during a divorce is essential to making the proceedings as smooth as possible. A court will look at interspousal cooperation and communication very closely in some cases, like in a child custody dispute. 

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Should We Sign an Illinois Postnuptial Agreement?

 Posted on March 28, 2024 in Prenuptial Agreements

IL divorce lawyerA prenuptial agreement can often be an excellent thing for an engaged couple to sign as they prepare for married life. It will get them in the habit of thinking about their money and assets not as theirs individually but as theirs as a couple. It can also give them a great deal of peace of mind, knowing that if the marriage does not succeed, their finances will be protected and they will have a fair settlement.

However, many couples do not sign a prenup. For some, the idea of planning for a hypothetical divorce before even giving their marriage a chance seems unpleasant. Others might get so swept up in the romance and excitement of planning their wedding that they accidentally overlook this step even if they find it reasonable. Whatever the reason, some people find once they are married that they regret the fact they never signed one. If this describes you, a postnuptial agreement might be a good option for you. Speak with an experienced Kane County, IL divorce lawyer to find out more.

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