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Recent Blog Posts

What Is Birdnesting Custody in Illinois?

 Posted on March 04, 2024 in Child Custody

IL family lawyerWhen parents get a divorce, they generally try to figure out where each ex-spouse will live and come up with a schedule for which home the children go to when. That is certainly the most common custody arrangement, but not the only one available. Some parents decide to keep the children in the family home, and instead of the children moving from home to home, the parents alternate when they stay at that home. Otherwise known as birdnesting, this option is not for everyone, but under certain circumstances, it can work wonderfully. If you and your spouse are considering birdnesting, speak with an experienced Kane County, IL divorce lawyer to help you understand your options. 

How Does Birdnesting Work?

When divorced parents decide to try birdnesting, it takes a great deal of pressure off the children. They don’t need to remember to pack important things frequently as they shuttle back and forth between their parents or make sure to have multiple of all their favorite things. The children keep on living in their home, sleeping in their own room, and it is the parents who alternate sleeping there. 

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How Does a Voluntary Acknowledgement of Paternity Work in Illinois?

 Posted on February 28, 2024 in Paternity

IL family lawyerThe state of Illinois has specific rules for determining parentage. A woman giving birth is automatically legally recognized as the biological mother. If she is married to a man at the time of the birth, her husband is automatically recognized as the father without any need to prove this to be the case. Things become more complicated when the mother is not married when she gives birth. There are several ways to determine your paternity so that it is legally recognized. If you are not married and you are about to become a father, speak with an experienced St. Charles, IL paternity lawyer to hear more about your options and how you should proceed.

What is Voluntary Acknowledgement of Paternity?

A voluntary acknowledgment of paternity, or VAP, is a document that includes a declaration by the child’s father that he is, in fact, the father. It needs to be signed by both the father and the mother. When both of the child’s parents voluntarily agree and sign this document, there is no need for DNA tests or any other measures to prove parentage. It is generally signed when a child’s parents are unmarried, but both are interested in each of them being legally recognized as the parents.

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Tips for Newly Divorced Parents in Illinois

 Posted on February 21, 2024 in Divorce

IL divorce lawyerParents 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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What to Know about Subpoenas in an Illinois Divorce

 Posted on February 15, 2024 in Divorce

IL divorce lawyerWhen 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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Illinois Parenting Plans 101

 Posted on February 13, 2024 in Child Custody

IL divorce lawyerA 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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An Overview of Divorce in Illinois

 Posted on February 09, 2024 in Divorce

IL divorce lawyerDivorce 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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Psychological Evaluations and Divorce Litigation

 Posted on February 07, 2024 in Child Custody

IL divorce lawyerOne 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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Prohibited Marriages in Illinois

 Posted on January 29, 2024 in Divorce

Blog ImageWhile 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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Can I Travel With Our Kids Before My Illinois Divorce Is Finalized?

 Posted on January 25, 2024 in Divorce

Blog ImageFor 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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Three Great Ways You Can Minimize Conflict During Divorce

 Posted on January 22, 2024 in Divorce

Blog ImageThe 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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