Recent Blog Posts

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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If Parents Have Equal 50/50 Custody, Is There Child Support in Illinois?

 Posted on March 28, 2024 in Child Support

IL family lawyerOne of the most commonly discussed topics in parental divorce is child support. Sometimes, one parent has more time with the children and responsibility for them and the other has more flexibility to work and earn a living. In that case, it is generally straightforward; the parent who works more pays child support to the parent spending more time raising the children. But sometimes, the parents have equally shared custody, and neither parent can claim to be spending more time with the kids. If you believe you will have a 50/50 custody arrangement with your spouse, you will likely have questions about child support calculations. Speak with a knowledgeable Wheaton, IL divorce attorney to get some answers.

How Does Shared Parenting Work?

Child custody, or parenting time, refers to when the child is with each parent. There is no specific template for a parenting time schedule that will work for everyone. Every family that has been through a divorce has a unique parenting time schedule based on factors that include the child’s needs, the parents’ abilities, and others. 

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When Do Child Support Obligations Apply for Adult Children in Illinois?

 Posted on March 25, 2024 in Child Support

IL family lawyerChild support obligations generally end on a child’s 18th birthday. In some cases, they end when the child graduates high school. However, under certain circumstances, parents might be required to continue making payments for their children even when they are no longer considered minors. For example, divorced parents in Illinois can be obligated to create a plan to cover their child’s college education. Additionally, child support obligations can extend beyond that point for several years and might never end in the child’s lifetime if the child has special needs. If you are going through a divorce and your child has disabilities, you should speak with a knowledgeable Kane County, IL child support attorney to understand what sort of obligations you might have and start preparing accordingly.

Paying for Your Adult Child’s College Education

While judges in Illinois cannot tell married parents what to do with their money, they do have the option of ordering divorced parents to help cover the costs of their children’s college or trade school education. Divorce settlements are supposed to ensure that the parents and child can continue enjoying the standard of living they had when the parents were married, and a college education might be included in that standard. However, it is not an obligation, and the judge might decide not to order this.

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When Are Psychological Evaluations Used in Illinois Divorce?

 Posted on March 20, 2024 in Child Custody

IL family lawyer

Custody disputes can be quite complicated to resolve when parents get a divorce. The people involved often feel tense and emotions can run high. Trying to figure out how parental responsibilities and rights will be divided can be especially challenging if either parent’s mental health and emotional regulation are in question. If one parent expresses concerns that the other is psychologically incapable of properly caring for their children and providing them with a safe and stable home, the courts will take such concerns very seriously as they attempt to draft a settlement that will ultimately serve the child’s best interests. In such cases, psychological evaluations can be very helpful. A knowledgeable Kane County, IL child custody attorney can provide more thorough information about this and examine whether a psychological evaluation might be suitable in your case.

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Should I Consider Divorce Coaching in Illinois

 Posted on March 14, 2024 in Divorce

IL divorce lawyerAcknowledging that your marriage has failed is no easy task. With a divorce looming, you might find you are emotionally and even physically overwhelmed by everything you need to think about. Who will get our home? What will happen to our retirement funds? If you have children, these questions only increase. Trying to make plans for an uncertain future can be stressful, especially if you do not have any previous experience with divorce.

It is wonderful if you have friends and family around who want to help and support you during this difficult period. But beyond the emotional and even logistical support they can offer you, it might be a good idea for you to hire the services of a divorce coach who can help you navigate this complicated process.

At Goostree Law Group, we are pleased to offer our clients the opportunity to work with Paulette Theodosis, a client liaison and certified divorce coach who uses her extensive family law background and her own experience with divorce to assist our clients in moving forward from their own circumstances.

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Will My Illinois Divorce Be Affected by Who Files First?

 Posted on March 08, 2024 in Divorce

IL divorce lawyerThe first official step that needs to be taken when a couple understands that they want to begin divorce proceedings is to file for divorce. You might worry that if your spouse files for divorce first, it could somehow influence how it will play out. In truth, this does not have much of an impact. This article will explain why. If you have any further questions about whether your divorce will be affected by whoever files for divorce first, a knowledgeable St. Charles, IL divorce lawyer can offer more detailed explanations.

Will I Seem Guilty if My Spouse Files for Divorce?

It used to be that a spouse who wanted to get a divorce needed to offer grounds, meaning they had to explain why they wanted to end their marriage. The state of Illinois changed this requirement, and now the only acceptable grounds for divorce are irreconcilable differences. Neither spouse is blamed for the breakdown in the relationship, and the resulting divorce settlement reflects this as well. Since Illinois divorce proceedings do not include placing blame on either spouse, there is no need to worry that if your spouse files first, it can make it seem like they are the injured party, and you should be punished in your settlement. it does not matter who files first; any arrangements for child custody, asset division, and other aspects of the divorce will be decided without any consideration for who filed.

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