Posted on February 28, 2024 in Child Custody

When parents go through a divorce, it is often quite difficult for them to agree on how they should split their parenting time and parental responsibilities, otherwise known as child custody. Some couples manage to come to some sort of agreement if they believe it will be best for their children. Others find that their personal conflicts make it impossible for them to communicate productively and figuring out an arrangement seems too daunting a task. In cases where the parents cannot reach a mutually acceptable agreement on how they will continue to care for their children, it is the court’s job to determine what will be in the child’s best interest. If you have questions about how a court can decide this, a knowledgeable Wheaton, IL child custody lawyer can give you answers.

What Factors Will a Judge Consider?

When trying to figure out what sort of arrangement would best serve the child in a divorce, there are many factors taken into consideration. These include but are not limited to:

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 Posted on February 21, 2024 in Divorce

Parents going through a divorce generally find it to be quite a tumultuous process. After a breakup, most exes prefer to spend time apart as they lick their emotional wounds and figure out how to move on. When parents go through a breakup, they are not given that privilege. They need to form a mutually acceptable parenting plan and navigate their transition from being married parents to being two parents raising their children separately. They need to reach a settlement that includes stipulations about child custody, child support, and parental responsibilities. While it might be natural for the parents in this complicated situation to let their emotions take over and do whatever they can to get revenge on their ex, some couples find they can work together if it will benefit their children. Below is a list of tips for newly divorced parents who want to work together for a smoother future of co-parenting. If you would like to know more, a knowledgeable Kane County, IL divorce lawyer can offer useful guidance.

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 Posted on February 19, 2024 in Asset Division

Any assets that either spouse brings into the marriage and had before the wedding are generally considered individual assets, and anything obtained during the marriage is generally considered marital assets. When a couple gets a divorce, marital asset division is an important part of the divorce settlement. Unfortunately, sometimes a spouse will purposely misuse, waste, or destroy marital assets just before or during divorce proceedings. This is called dissipation of assets, and if you suspect your spouse is doing this, a Wheaton, IL divorce lawyer can help you navigate the steps you can take to remedy the situation.

When Does Dissipation of Assets Apply?

According to Illinois law, if a spouse diminishes marital assets while the marriage is in the process of breaking down, it is considered dissipation of assets. If a couple has concluded that there is no hope for any reconciliation and their next step will be divorce proceedings, and then one spouse does something that significantly diminishes the money that the couple has, this would likely be considered dissipation of assets. There are several different scenarios that might be included in this category:

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 Posted on February 15, 2024 in Divorce

When a couple goes through a contested divorce, it means that the spouses are not in agreement about some aspect of the divorce settlement. When this happens, evidence must be gathered from both parties so that the relevant authorities can make a decision based on fact. If either spouse is unwilling to hand over information that they are asked for, a subpoena might be used to compel them to do so. If you have questions about the role a subpoena might play in divorce, a knowledgeable Kane County, IL divorce lawyer can explain further.

What Does a Subpoena Mean in Divorce Proceedings?

A subpoena can be issued by the court or a lawyer and can be issued to individuals, organizations, or other entities that might have information relevant to a case. It legally requires the recipient to provide documentation or other information. Upon receipt of a subpoena, the recipient is legally bound to respond by either providing whatever was requested or appearing in court. Failure to comply can result in the recipient being held in contempt of the court and possibly even facing criminal charges.

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 Posted on February 13, 2024 in Child Custody

A major topic in divorce relates to how parents raise their children when they are no longer married. In Illinois, parents need to file something called a parenting plan with the court. This is essentially an outline that dictates every aspect of how their children will be cared for, both physically and mentally, since it includes things like where the child will live and which parents can make various important decisions on their behalf. When formulating a parenting plan, having a knowledgeable Kane County, IL child custody lawyer on your side can be invaluable for helping you sort through all the aspects and factors involved.

Aspects of a Parenting Plan

Parents often formulate their parenting plan after careful consideration outside the courtroom and then submit it to the court for approval. Parenting plans are extremely important because they enable both the parents and the children to have realistic expectations of how things will go after a divorce is finalized.

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 Posted on February 12, 2024 in Asset Division

When a couple gets a divorce, they need to work out all the many ways that their separation will affect their lives. Typical married couples might have things like a shared bank account, home, car, retirement funds, and other assets that they will need to be divided among the spouses. If a couple has considerable wealth, theirs might be what is considered a high-asset divorce. The larger scope of assets being divided can make the entire process more complicated.

While there is no clear definition for the term high-asset divorce, it is commonly agreed that a couple whose assets are valued at a million dollars or more would fit the bill. Sometimes, this happens when one spouse comes from a wealthy background and has a demanding and lucrative career, and the other spouse does not work but instead maintains their household. Other times, both spouses work and earn money and contribute financial assets to the marriage. Either way, thoughts about how divorce can affect your standard of life can be quite stressful.

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 Posted on February 09, 2024 in Divorce

For some people, going on a trip can be a stressful mix of unnecessary spending, logistics, sleep arrangements, and getting children settled in a new environment just when it is time to return home. For others, travel is an excellent way to unwind, experience new things, and come home rejuvenated.

If the second category describes you, then a trip might be exactly what you want especially when you are in the midst of a nerve-wracking divorce process. You might want to go on a trip with your child to help you enjoy some quality time together away from the negativity that might characterize the divorce proceedings.

However, until any parenting arrangements have been finalized in a divorce, there may be questions as to whether or not you are legally permitted to take your child with you on a trip. If you are thinking about booking travel plans for you and your child before your divorce is finalized, a DuPage County, IL divorce lawyer can walk you through the implications and help you decide how to move forward.

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 Posted on February 09, 2024 in Divorce

Divorce is a topic many people prefer to avoid. Whether they do not want to think about the possibility that they would get a divorce or it simply does not seem relevant to their lives, it is not a topic people generally bring up out of the blue. Perhaps that is why there might be some confusion about what a divorce entails. This article will go over some common aspects of divorce in Illinois. If divorce is something that might be pertinent to your life, you should speak with a knowledgeable St. Charles, IL divorce lawyer to find out more.

Grounds for Divorce in Illinois

As of January 2016, Illinois is a no-fault divorce state. The only grounds the courts will accept before granting a divorce are “irreconcilable differences,” and there is a large variety of things that can be included under that general title. Rather than focusing on the specifics, for example, an affair, the couple needs to prove that there is no hope for reconciliation between the two and that their marriage needs to end.

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 Posted on February 07, 2024 in Child Custody

One of the most difficult parts of a typical divorce involving parents is the custody arrangement. If both parents want to have the most time possible with their children and they also both recognize each other’s parental merits, trying to figure this out can be extremely challenging. When one parent believes the other is unfit to care for their children, it makes the process even more complicated. Sometimes, courts will use psychological evaluations to determine whether parents can provide their children with a safe and stable environment. If you are concerned about your spouse’s mental health, speak with a knowledgeable Kane County, IL divorce lawyer to see whether a psychological evaluation might make sense for your divorce case.

How Do Psychological Evaluations Work?

When parents going through a divorce need to work out a custody agreement but there are questions regarding the mental health and stability of at least one of the parents, the court might decide that a psychological evaluation is necessary to help determine whether the child will be safe and their best interests can be protected. A qualified and authorized mental health professional will be asked to conduct tests and share their observations with the court. This person will take into account any issues of substance abuse or mental health that could affect a parent’s ability to raise their child in a healthy manner and provide them with a safe environment. The person conducting the evaluation will also interview people relevant to the case, including:

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 Posted on January 30, 2024 in Divorce

Whenever a couple regrets being married, divorce is a very common option available to them. However, if they can meet certain criteria, annulment can also be a relevant possibility. As it is a less common procedure, people are generally less familiar with what exactly an annulment is. Divorce legally ends a marriage, while annulment legally deems it invalid and therefore not something that needs to be ended. As such, there are specific conditions that need to be met for a marriage to be annulled rather than ended by divorce. If you and your spouse do not want to stay married, a Wheaton, IL, divorce lawyer can explain what is involved in an annulment and help you decide whether this might be the right step for you.

What Are the Criteria for Annulment?

While divorce legally ends a valid marriage, an annulment is how the courts in the State of Illinois declare a marriage invalid. The court can issue a declaration of invalidity of marriage and then it is as if the couple was never truly married to begin with.

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