Posted on October 25, 2023 in Divorce

When parents go through a divorce, they need to reach agreements on several different issues that can affect their family. Even if the divorce is not contentious and the two sides can come to an amicable settlement, the parenting plan that they formulate will naturally be based on their circumstances at the time of the divorce. As often happens in life, sometimes unexpected changes can happen to a divorced parent, and these can make it challenging to adhere to the original parenting plan. If changes in your life have you considering changes to your parenting plan, an experienced DuPage County, IL divorce lawyer can explain what rights you have under Illinois law.

What Is the Law in Illinois about Parental Relocation?

Typical changes that people go through in life can complicate matters for divorced parents. For example, if your Illinois divorce settlement includes the fact that you will be paying child support, but then years later, you lose your job, you would likely find it difficult to continue making the payments you originally agreed to. If the parenting plan that you agreed to includes certain times when your children sleep in your respective homes and then your ex starts to seriously date someone who sleeps over, you may no longer feel comfortable with your children sleeping there, too. Another life change that can complicate matters for divorced parents is relocation.

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 Posted on October 23, 2023 in Divorce

In the State of Illinois, the only reason that the courts will deem acceptable for divorce is something called irreconcilable differences since Illinois is a “no-fault” state. It does not matter if one spouse was disloyal, lied, or hurt the other. According to the State of Illinois, the only acceptable reason for divorce is irreconcilable differences, and in such a case, neither side is to blame.

Irreconcilable differences mean the marital relationship has broken down, and all attempts to reconcile have failed. If you are in Illinois, you have tried to reconcile with your spouse, and you can see that these attempts are futile, it could be an excellent time for you to speak with an experienced Kane County divorce attorney.

What Are Irreconcilable Differences?

In some parts of the United States, fault-based grounds are deemed acceptable in divorce cases. This means that if one spouse cheated, lied, hid assets, or did any other number of things found to be at “fault,” the divorce settlement would likely favor the other spouse. This could have implications for parental rights and responsibilities, child support, spousal support, and other factors in a divorce. In such a case, it might be in one side’s best interest to prove that the other side is guilty of wrongdoing to ensure a favorable divorce settlement.

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 Posted on October 19, 2023 in Divorce

Sometimes, a divorce can be finalized amicably through mediation. Some divorces are finalized by the spouses’ respective lawyers negotiating the various issues that need to be decided. Other times, in a highly contentious contested divorce, a deposition is used to help gather information before a court trial. If you believe a deposition is in your future, a Kane County, IL divorce attorney can explain what you can expect and guide you through the process.

What Should I Know about a Divorce Deposition?

A deposition is a way to get court-recognized testimony, out of the court. The sides have the opportunity to ask each other or other witnesses questions under oath, in the presence of a court reporter. The responses to these questions are recorded and can be used in court under limited circumstances.

In a divorce settlement, accurate information about each side’s debts, assets, income, and other financial information as well as information about each side’s parenting style, work demands, and schedules is crucial for determining a number of things:

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 Posted on October 18, 2023 in Family Law

When a couple with children goes through a divorce, there are many issues they need to work out in their divorce settlement. Where will each spouse live? Where will the children live? Who will decide where the children go to school? Who will pay child support, and how much will those payments be?

The arrangements agreed upon during a divorce settlement are naturally based on the circumstances at the time of the divorce. But if conditions change, it could have a huge impact on a parent’s ability to fulfill their end of the deal. If you are a parent who pays child support, and new circumstances are making it difficult for you to uphold those payments, a DuPage County, IL divorce lawyer can walk you through the process of child support modifications.

Can I Modify My Child Support Obligations in Illinois?

When you were finalizing your divorce settlement, it would have been natural for your child support agreement to be drawn up based on the income you were earning. But sometimes circumstances change. What happens if you get laid off, for example? Can the courts still require you to keep making the same payments even if you are no longer earning the income you once were?

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 Posted on October 13, 2023 in Divorce

In a typical happy marriage, both spouses are open and honest with each other. But for many couples, this is not their reality. In many marriages, someone might suspect their spouse of infidelity, someone might feel they are married to the wrong person, and someone might think their spouse is hiding assets from them.

In a high-asset divorce, concealing assets is a fairly common practice. One reason for this is that the spouse hiding the assets is hoping not to need to share them with their ex in a divorce settlement. Another reason is there are common misunderstandings about what each spouse is allowed to do with their marital assets. Being married does not mean your spouse is entitled to whatever they want in your joint finances.

If you are considering divorce but suspect that your spouse might be hiding assets that you would legally have rights to in a settlement, a Kane County, IL divorce lawyer can guide you through this stressful period.

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 Posted on October 13, 2023 in Spousal Maintenance

Alimony, otherwise known as spousal maintenance, can have a big impact on both the one paying it and the one receiving it. It can greatly affect their finances and is a major consideration in their financial planning. Without it, many more unhappy couples would likely remain married. Why? If one spouse has filled the "homemaker" role while the other has developed their career, the nonworking spouse would otherwise have no way to finance their life if they divorced. The spouse who spent all those years working and earning would have been unable to do so if the other spouse had not stepped up at home, giving them the freedom and ability to go off to work. Recognizing this, the courts have formulated methods to calculate spousal maintenance payments. If you are considering divorce but have questions about alimony, a DuPage County, IL divorce lawyer can help clear up some of the confusion.

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 Posted on October 11, 2023 in Property Division

When a couple goes through a divorce, there are countless things they need to agree about. Who will pay spousal support? What happens to the engagement ring? Will one benefit from the other’s pension? If they have children, they need to decide where the children will live and how often they will be with each parent. If the couple owns a home, they will need to decide who will become the sole owner of that home. If you are planning a divorce and are unsure of the future of your family home, a Kane County, IL property division attorney can answer your questions.

The Future of a Family Home Can Be Complicated

When a couple gets divorced, their home can become a point of contention. They may both want to stay in the home. They may both want to move away. It could be a source of painful memories, but at the same time, it can serve as a comfort for children who are familiar with it and seeking stability in a time of transition and change. Money can be divided, but a home can not, and if both spouses wish to keep it, property division can become a source of much stress and negativity.

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 Posted on October 06, 2023 in Divorce

Divorce can be a complicated process for any couple to go through. If you have children, you will need to decide which parent has which rights and responsibilities. If you own a home, you will need to decide what will happen with that property in the divorce settlement. If you have any assets, those will need to be divided in some way. And if either spouse has incurred debt, that is another difficult matter that requires resolution. If you are considering divorce but are concerned about how debt division might affect you, a DuPage County, IL divorce attorney will be able to shed light on this sometimes confusing topic.

What Is an Equitable Distribution State?

The majority of states, including the State of Illinois, are considered "equitable distribution states." This means that instead of dividing a couple’s assets equally in a divorce settlement, a different calculation is used to determine the fairest way to distribute everything. Rather than taking everything the couple has acquired and dividing it all down the middle, the courts will take into account all their shared assets, debts, the duration of the marriage, each spouse’s unique needs, and other information.

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 Posted on October 05, 2023 in Family Law

In the State of Illinois, accusations of domestic violence and abuse are taken extremely seriously by the courts. There are various steps victims of abuse can take to try to protect themselves and their children. An Order of Protection, commonly known as a restraining order, can be granted by the court to prohibit the alleged abuser from doing things such as physically going somewhere - in this case, their home. An Emergency Order of Protection is a specific type of protective order that can be granted almost immediately.

It is great that the local authorities will do whatever they can to protect the victims of abuse. Unfortunately, some people take advantage of these procedures and falsely accuse their spouse of abuse for their own gain. If you have been falsely accused of abuse and have an Emergency Order of Protection that is keeping you from seeing your children, an experienced Kane County, IL divorce lawyer can help guide you through this delicate and painful situation.

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 Posted on September 29, 2023 in Paternity

When a married couple has children after they are legally wedded, their roles as parents are not typically called into question. If they later get divorced, their parenting rights and responsibilities are then divided up in the divorce settlement. If one parent violates the terms of the divorce settlement, the other parent will have ways to enforce the agreement.

If a child is born to unmarried parents, this can be more complicated. A single woman giving birth is automatically considered the child’s mother. However, the father of that child will need to prove that he is the father. If you are single, about to become a father, and want to make sure your parental rights are protected, a Kane County, IL paternity lawyer can explain the process of establishing paternity.

How Can I Establish Paternity?

Even though an unmarried father is not automatically recognized as a parent, he can legally prove his parental relationship. In Illinois, this is known as “establishing parentage”, and can be done in several ways:

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