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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 Posted on January 29, 2024 in Divorce

While America is certainly the land of the free and the home of the brave, there are laws that citizens need to abide by for the greater good. There are laws prohibiting you from driving faster than certain speeds, from ingesting certain chemicals that could be dangerous, and from stealing, among others. There are other laws in place to protect you, for example, laws ensuring that businesses treat you fairly, that food meets certain standards of health and safety, and that you are not discriminated against based on parts of your identity. One area of law that you may be less familiar with is the laws prohibiting certain types of relationships. Marriages that are between two people in a prohibited relationship can be annulled without needing to go through the process of divorce If you have questions concerning a relationship you are not sure is legal, a Kane County, IL, annulment lawyer can advise you.

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 Posted on January 25, 2024 in Divorce

For families with the means to travel on vacation, such trips can be a welcome change of pace. While everyone can benefit from fresh scenery and a break from routine, families who are in the midst of a divorce often experience pressure and stress, and a vacation trip can be especially refreshing. However, if your divorce and therefore your parenting plan has not yet been finalized, it can be quite complicated to travel with any children you have who are minors. Speak with a Kane County, IL, family law attorney to understand what might be the best way for you to proceed.

Legal Implications of Travel During Divorce Proceedings

When two parents are married to each other, it is not problematic for one parent to take their children on a trip. There are many different reasons why married parents might travel separately. Maybe the mom recently gave birth and could use some quiet at home; in such a case, the father might take the older kids to their grandparents for a few days. If a cousin is getting married and there is an elaborate wedding weekend planned but one parent has professional obligations that they cannot get out of on that Friday, the other parent might take the kids earlier and the parent who has to work that day can join them later on

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 Posted on January 23, 2024 in Asset Division

A common question that people going through a divorce ask is what they should do with the home they share. Real estate is a significant asset generally worth a lot of money. In addition to financial value, some people put a lot of time and effort into a renovation that turns it into the home they always dreamed of. Other people have a strong emotional attachment to their home, as it is a part of their memories of important stages in their lives. It is easy to see why the question of what to do with a family home in a divorce is no simple matter to answer. If you are going to get divorced and find yourself struggling with the same issue, an experienced Wheaton, IL, property division lawyer can offer you guidance and help you weigh your options.

Why Is This Such a Complicated Issue to Resolve?

Unlike other assets that can be divided based on their monetary value, several factors go into the decision of whether or not you want to keep your home after a divorce. When you think about the home, are your memories of it positive or negative? Did you invest in renovating it? Is it your dream home or just a place where you happen to live?

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 Posted on January 22, 2024 in Divorce

The divorce process is typically characterized by some degree of conflict. In some couples, the spouses do not want to be in the same room as each other and seem to be guided mostly by a desire to spite each other. In other couples, the spouses appreciate each other and are sincerely attempting to pave the way toward a functional future for their family, but the fact that they no longer wish to stay married can be painful and disappointing nonetheless. Some conflict will remain between the spouses regardless of either of their actions, based on their emotional state. Other conflicts might be the result of their conduct during the divorce proceedings. If you would prefer to avoid as much conflict as possible, a knowledgeable St. Charles, IL, divorce lawyer can advise you on helpful ways to minimize conflict during your divorce.

Sincere Willingness to Negotiate

There is a difference between showing up to the negotiating table begrudgingly and being there with a true desire to reach a settlement you can both find acceptable. It is ok to disagree on various aspects and want different things. If you can both express what you want and what you mean without attempting to manipulate or “win” your divorce, chances are much higher for you to reach a settlement with greater ease. If you can both commit to avoiding drama and hope and trust that your spouse is doing the same, this can certainly help you minimize some conflict.

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 Posted on January 17, 2024 in Divorce and Finances

Divorce tends to not be a simple matter regardless of the specific circumstance. Hurt feelings, financial concerns, and disappointment are typical. When the couple has what is considered a high asset divorce, the complexities increase. The significance of how assets are valued and distributed can be life-changing for some.

In some cases, both spouses are the owners of large companies, and dividing these can be very complicated. Sometimes, a couple’s wealth is the result of one spouse having an extremely lucrative and high-powered job, which was only made possible due to the other spouse staying home to take care of their family and household maintenance and therefore not earning their own salary. Whatever the reason, considering divorce under such conditions can be confusing and stressful. A Kane County, IL, high asset divorce lawyer can help you sort through the confusion and advocate fiercely for your rights.

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 Posted on January 16, 2024 in Divorce

Fighting is a normal part of marriage. Generally, in a healthy marriage, the spouses can take some time to process their anger, and then figure out together how to move beyond the argument and forgive each other. For some couples, the fighting never ends. People who find themselves constantly fighting at home might want to stop it from happening, and one way to do that is to end the marriage. If you and your spouse are no longer happy in your marriage but you are not yet ready for divorce, a Wheaton, IL divorce lawyer can explain what happens in a legal separation and see if it might be a good option for you.

Why Choose Legal Separation Over Divorce?

Some people have the mistaken idea that legal separation just means one of the spouses moves out. In truth, it is very similar to divorce. Couples who are legally separated remain married but can maintain completely separate lives. Much like divorce, legal separation also requires that the spouses undergo a legal process to figure out how their future finances and parenting will look once they are no longer living together as a married couple.

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 Posted on January 10, 2024 in Divorce

Divorce can be a complicated process. It can be hard any time a relationship ends. It can be harder if the relationship is a deep commitment rather than something casual. If the relationship involves shared assets and perhaps children, the challenges the couple must face keep increasing. However, this does not mean that all people ending their marriage need to feel like sworn enemies interested in a zero-sum game who simply want their spouse to lose out. In fact, numerous couples find that they can productively and satisfactorily end their marriage through something known as an uncontested divorce. If you and your spouse can carry out productive communication and appreciate each other’s needs, a Kane County, IL, an uncontested divorce attorney can help you decide whether this is a good option for you.

What Makes Uncontested Divorce Different?

Some couples can agree on how their futures should look, even if those futures are not together. They need to ultimately be able to file for uncontested divorce. The main condition for this is that the couple can agree on every single one of the necessary aspects of any typical divorce. These aspects include:

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 Posted on January 08, 2024 in Divorce

When a couple goes through a divorce, the spouses need to reach a settlement that will describe what they will need to do once the marriage is legally over. The settlement will include how any marital property and other assets will be divided, if either spouse will need to make spousal support payments, and what will happen with their retirement funds. If they have children, they will also need to draw up a parenting plan that will detail how they will divide parental rights and parental responsibilities. These agreements serve as an outline for the spouses to follow so that things are not left to doubt. If either ex-spouse fails to fulfill any of their responsibilities, it can have serious consequences for the other spouse. If you are in such a situation, an experienced DuPage County, IL, divorce lawyer can offer you guidance and help you navigate your options.

What if Conditions Change?

The State of Illinois has a list of issues that need to be settled in order for a divorce to be finalized. Each ex-spouse can then refer to their settlement to know exactly what is expected of them and exactly what they can expect from the other. This makes it easier for them to make financial plans, know what sort of housing they’ll need (based on how often their child will sleep at their home), and have a clear understanding of the time commitment they can offer to their jobs (based on when they will need to be responsible for picking up or dropping off their child at school).

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