call us630-584-4800

Free Consultations

Subscribe to this list via RSS Blog posts tagged in lawyer

Posted on in Divorce
 While some are celebrating and spending time with family, others are coping with the emotions prompted by a divorce. Perhaps there is no good time of year to legally separate or divorce, but there are several options for navigating challenging times. A Chicago Tribune article provides some options for recent divorcees.  For those considering a divorce during the holidays, there are many activities to consider: Think of the Timing Can you wait? If possible, allow the holiday season to conclude before pursuing the divorce. Every situation is different, but if you have young children, distancing the divorce from holiday traditions and celebrations may keep them from associating a festive time with the family split. Reach out to Family and Friends There is nothing wrong with surrounding yourself with people you love and letting them know you need emotional support. Meet a loved one for lunch or help a friend decorate. Sometimes being out and busy may help to temporarily shift the focus from your situation. Spend Time with Children Children have a way of taking your mind away from grown-up problems. Help them bake a dessert or color a picture. Simple activities can give you a much needed respite from the complexities of life. Find a Support Group Find people who are going through the same thing. Sometimes you need to talk about your feelings with people who are also facing divorce. You may have to search until you find the group that is best for you, but it may be a worthwhile pursuit. Hire a Family Law Attorney Family law attorneys are a great resource. They handle the legal process so that you can focus on moving forward emotionally. An excellent divorce lawyer will not only advise you on the best strategies and solutions, but will be personable and take the time to listen to your story and help you establish attainable goals. Divorce can be an emotionally complex process, but the legal part does not have to be. Contact an experienced family law attorney in St. Charles, Illinois today.
Last modified on

Posted on in Divorce
 In Illinois, you have the right to divorce a spouse who is missing or hiding, whether or not their absence is intentional. The process of notifying a missing person of the legal action is known as service by publication. Under the Illinois Code of Civil Procedure (735 ILCS 5/2-206), you or your attorney may file an affidavit proving that your spouse is unable to be served by traditional means. You must make a good faith effort to locate your spouse. A good faith effort includes activities that are reasonable such as:
  • Researching and checking last known residences
  • Contacting last known employers
  • Reaching out to the family and friends of the spouse
  • Performing searches online
If your spouse serves or has served in a branch of the Armed Forces, you may be able to use military resources as well. Illinois courts want to know that every reasonable option has been exercised to find your spouse to inform him or her about the impending divorce. As a last resort, you may use service by publication. This means that the person is served by posting a notice about the dissolution of marriage in a newspaper in the jurisdiction where you will file. If there is no newspaper in that county, you may post a notice in an adjoining county newspaper. The notice will include details such as the action being taken (divorce), the name of the court, title of the case, your name and your spouse’s name, and a time period for the action. You are advised to consult with an attorney before beginning this process because there are specific actions to follow. In a divorce, properly filed paperwork is essential. Experienced St. Charles divorce attorneys will not only help you to remain compliant with state laws, but also help you to understand the process and answer questions. Divorce can be an emotional time; do not try to walk through it alone. If you need help navigating a divorce with a missing spouse, please contact a knowledgeable St. Charles, Illinois divorce attorney today.
Last modified on

Posted on in Divorce
The divorce process is complicated, and becomes more so when there are children involved. Through the divorce process, assets are divided and arguments are settled, including issues like child support and visitation. The parent that does not have custodial rights must pay the custodial parent a set amount of money incrementally to cover costs of the child. This payment, however, is frequently the cause of many problems, particularly when it is not paid. Child SupportMSN Money reported that recent national figures totaled $108 billion in unpaid child support in America, according to the federal Office of Child Support Enforcement. There is very little to do, however, once the child support has not been paid. It is important to do everything you can to ensure that it is paid so that you do not have to deal with the debt. Suggestions for ensuring that child support is paid from MSN Money include:  Keeping the noncustodial parent involved in the child’s life. Usually the custodial parent will have the sole responsibility for decision making, but the noncustodial parent can be included to keep him or her involved. If your ex is already not paying support, do not punish him or her because that may make the situation worse.  Do not include the child support payment in your budget. If you have had issues with not receiving the payment from your ex, do not count on it and get yourself into financial issues because of him or her. If your ex cannot pay all of the support, ask him to pay whatever he can. If your ex is having financial troubles, he (or she) should not be completely let off the hook, but should pay whatever he can and pay back the remaining balance as soon as possible.  Do not run to the court immediately, but keep it in mind. If you have continuous issues with your ex about child support, it may be time to bring the situation up in court. Contact your family law attorney in St. Charles, Ill. to assist you.
Last modified on

Posted on in Adoption
open adoptionWhen people get married, they often decide to start a family. Some couples may get pregnant right away, while others may need medical assistance or be unable to do so. That is not the end of the hope for a family, though; adoption is a great alternative. There are many options for adoption including open, semi-open or closed adoptions. However, a 1996 study in Child Development found that it is increasingly important to keep in touch with a child’s birthparents. This study about adopted children also showed that children who were in touch with their biological parents had “positive levels of self esteem, curiosity about birthparents, and satisfaction with the openness” of their adoption. It is likely that in open adoptions, where the birth parents are part of the child's life, the birth parents will choose a family to adopt their child based on information from an adoption agency. All agencies are different, but some will share more information about the two families and others will disclose only the most pertinent information, such as medical history. Before deciding to adopt a child, it is important to think through your situation. Not only is choosing to adopt a child a life changing decision, but it is also important to decide what type of adoption you are comfortable with. FamilyEducation.com provided pros and cons for an open adoption:  Pros
  • Your child will have simple access to his or her birthparents.
  • The child can easily establish a relationship with his or her birthparents.
  • Information between parents is more easily accessible.
  • The birth mother can inform the adoptive parents about the condition of the child during the pregnancy.
Cons
  • The birthparents and adoptive parents may not agree on the amount of openness.
  • Unstable birthparents may cause problems for the child.
Creating or growing a family is a decision that many couples choose to make, regardless of the means by which it occurs. If you decide that you would like to grow your family through adoption, contact a family law attorney in St. Charles, Ill. today.
Last modified on
In the midst of planning a wedding and a romantic honeymoon, having a conversation about a prenuptial agreement might be awkward at best. A Harvard researcher suggests that these documents are underused for two primary reasons: people underestimate the value of a prenuptial agreement, and an underlying belief that signing a prenuptial agreement spells out marriage disaster. prenuptial agreementHeather Mahar, a Research Fellow in Law and Economics at Harvard, conducted a study to determine what leads people to avoid the prenuptial agreement conversation. Since there’s no registry of prenuptial agreements, it’s difficult to know exactly how many people have such a document. However, legal practitioners and scholars estimate that approximately 10% or less of the population uses a prenuptial agreement. Although statistics from the US Census Bureau and other experts would indicate that the rate of divorce is particularly high in the United States, it’s interesting that so few people elect to have a prenuptial agreement. What she found is that many people believe that signing a prenuptial agreement is a negative signal for the relationship. In her results, nearly 64 percent of the respondents stated that they believe divorce was more likely than not if they were asked to sign a prenuptial agreement. A majority of respondents also indicated that despite their awareness of current divorce statistics, they believed their relationship would be more likely to succeed. This is referred to as “optimism bias” and is a second leading reason for why individuals choose not to pursue prenuptial agreements. A prenuptial agreement doesn’t have to signal a negative outcome to the relationship. What it does signal is an awareness of your individual situation and an interest in outlining expectations if the relationship doesn’t work out. For some people, putting together prenuptial agreement is simply prudent planning. If you would like to speak with a professional about house to put together it prenuptial agreement, contact in Illinois family law attorney today.
Last modified on
Back to Top