Posted on March 14, 2025 in Child Custody / Allocation of Parental Responsibilities

Divorcing as a parent comes with unique challenges. Whether you decide to litigate your divorce or settle outside of court, you will have to come up with a custody arrangement for your child. This custody arrangement, now known as parenting time, must be made with your child’s best interests in mind. An Illinois divorce lawyer can work with you to create a realistic parenting time schedule.

Although 50/50 is often thought of as the standard for joint custody, it is not suitable for every family. There are very good reasons as to why you might consider a different split of parenting time. At Calabrese Associates, P.C., we can sit down with you to understand your situation and discuss your options.

Conflicting Work Schedules

If you and your spouse work different hours, an equal split of parenting time may not be feasible. For instance, if you work 60 hours per week as a truck driver, it may be hard to carve out time to take care of your child during weekdays. You and your spouse could consider a schedule of three weekends per month, providing a predictable, consistent timeline.

Continue Reading ››

 Posted on March 08, 2025 in Domestic Violence / Orders of Protection

When a former romantic partner or spouse refuses to leave you alone, you might feel threatened – maybe even in fear for your life. By petitioning for a stalking no contact order, you can get legal protections from stalking and other obsessive behaviors by your ex. An Illinois family law attorney can support you during this difficult time, helping you take action against your abuser.

Nobody deserves to be put in danger by a former romantic partner. At Calabrese Associates, P.C., we represent vulnerable people looking to obtain orders of protection. Our family law attorney can guide you through the legal process of getting protection from a stalker. Anyone seeking a protective order should exercise caution, as some abusers may lash out when threatened with legal action.

Obtaining an Emergency Stalking No Contact Order

An emergency order of protection is a powerful tool for survivors of domestic abuse. This short-term order can be put in place with your testimony alone if a judge thinks there is good cause for it. You can even get protection if the court is closed for a holiday or during the evening.

Continue Reading ››

 Posted on February 28, 2025 in Child Custody / Allocation of Parental Responsibilities

If you and your spouse are planning on divorcing with children, you will be required to submit a parenting plan to the court. This is a legal document that details how you and your co-parent will raise your child for the foreseeable future. Spouses may decide to fill out a joint parenting plan or, if they do not agree about how to handle parenting time and parental responsibilities, create separate plans to submit to a judge.

An Illinois divorce attorney can walk you through this process to make sure that your parenting plan addresses all relevant issues. At Calabrese Associates, P.C., we will provide you with steadfast legal representation and insights based on our 30 years of experience in family law.

Decision-Making Responsibilities

Formerly known as legal custody, parental responsibilities must be addressed in your parenting plan. These responsibilities may include instructions for schooling, healthcare decisions, religion, and extracurricular activities. In some cases, one parent may have sole authority over these decisions. Yet in many other cases, both parents have input into decision-making responsibility.

Continue Reading ››

 Posted on February 20, 2025 in Divorce

The subject of divorce is often mired in societal stigma. This means that not a lot of people end up talking about it, and leads to false ideas being perpetuated about the whole process. If you or somebody you know is considering divorce, an Illinois family law attorney can clarify any questions you may have about the process.

At Calabrese Associates, P.C., we have seen it all, from quiet uncontested divorces to highly volatile litigated divorces. When you work with our firm, you will receive quality legal counsel to help you through any issue of family law. We will endeavor towards the best possible outcome in your case, fighting for your rights in and out of court.

All Divorces End Up In Court

Tabloids and news coverage can give the public an exaggerated perception of what most divorces look like. In Illinois, taking a divorce to court is usually considered the last resort. The court generally prefers that couples resolve their issues on their own or with the help of a mediator. In some cases, you might only have to step into a courtroom to finalize your divorce

Continue Reading ››

 Posted on February 17, 2025 in Division of Assets

The marital home might be one of the most coveted items in your divorce. You might have good reasons to want to keep your house, such as sentimental value or wanting to keep young children in the home. However, if you are given the marital home in a divorce, you should know of the potential risks and liabilities. A skilled Illinois divorce attorney can advise you on the best course of action and advocate for your right to a marital home.

At Calabrese Associates, P.C., we have experience handling asset division cases involving real estate. We can represent you in negotiations for a fair divorce settlement, regardless of whether or not you get the marital home.

Refinancing The Mortgage

If you and your spouse both put your name on the mortgage, you will likely have to refinance your loan after your spouse moves out. A refinanced mortgage will take your spouse’s name off of the loan and cut him or her loose of any financial responsibility. To get approved for a new mortgage, you will have to file another loan application, which will entail a credit check.

Continue Reading ››

 Posted on February 05, 2025 in Judgment Modifications

After a divorce, you might come to realize that a judge’s order simply is not working. Petitioning for a modification of a court order can give you some relief from child support and alimony obligations. However, a judge will not approve a change to a court order without good cause. An Illinois family law attorney can help you petition for post-decree modification, providing you with sound legal advice and representation.

Attorney Michael Calabrese of Calabrese Associates, P.C. has 30 years of experience handling divorce and family law issues. Our firm can advocate for a modification that better suits your changed circumstances.

No Major Change

To modify an order of child support or alimony, you have to demonstrate that there has been a substantial change to your circumstances. A judge will not grant a modification of an order on a whim. Factors like stress or unhappiness with the order will not be considered in the court.

Continue Reading ››

 Posted on January 30, 2025 in Guardianship

Petitioning for guardianship of an adult can be an intensive process. When an adult can no longer manage his or her estate, the court may appoint a guardian to address the adult’s daily care and handle his or her assets. However, a judge will only approve a petition for guardianship if there is a clear need for intervention. 

If you are looking to assume guardianship over an adult, an Illinois family law attorney can provide you with legal advice and strong representation. At Calabrese Associates, P.C., we have the skills and experience to properly advocate for you in a guardianship hearing. We can compile and present evidence to establish why an order of guardianship is necessary.

Health Reasons for Guardianship

A petition for adult guardianship might be granted for health reasons. Note that an elderly adult or an adult with a developmental disability can still be considered independent. You must prove in court that the adult’s health conditions prevent him or her from managing personal or financial affairs. 

Continue Reading ››

 Posted on January 24, 2025 in Prenuptial Agreements

Studies have shown that anywhere from 40 to 50 percent of marriages in the United States end in divorce. Many people view prenuptial agreements as cynical, treating them as a prediction for the end of a marriage. However, this is not necessarily true. Even if you plan to stay married until death do you part, having a plan in place does not have to drive a wedge between you and your spouse. A prenuptial or postnuptial agreement can help you account for any possibility.

If you have never drafted a prenuptial agreement before, the process can be intimidating. A family law attorney at Calabrese Associates, P.C. can walk you through the steps of drafting the document. We will make sure your premarital agreement is legally sound and enforceable in a court of law.

Continue Reading ››

 Posted on January 16, 2025 in Divorce

In Illinois, many judges will advise or even order a divorcing couple to go through mediation instead of court. Mediation provides couples with a private space to discuss their issues in a session overseen by an unbiased third party. Compared to litigation, mediation can be a less time-consuming, costly process, provided that both parties go in with good faith.

Whether you have been ordered to attend mediation or you and your spouse attend a session of your own volition, you should know what to expect beforehand. A Naperville, IL family law attorney at Calabrese Associates, P.C. can help you prepare for mediation and how to effectively speak up for yourself.

DO: Choose a Comfortable Space

Mediation is best conducted in a place where you feel comfortable speaking your mind. If the marital home feels too tense, you can always request a neutral space like a cafe to conduct the negotiations. A courthouse or office space can also serve as a professional environment away from distracting elements or prying eyes. 

Continue Reading ››

 Posted on January 05, 2025 in Divorce

If your spouse ends up arrested and sentenced to prison for a criminal offense, you might be dealing with a lot of strong emotions at the same time. It is entirely understandable to feel heartbroken, betrayed, or even incensed, and sometimes, there is no other way to move forward but to get a divorce.

That being said, a divorce with a spouse behind bars can present unique challenges that you may not be comfortable handling alone. A DuPage County, IL family law attorney can help you finalize the dissolution of your marriage and give you closure during an especially traumatic time in your life. Attorney Michael J. Calabrese has previously served as a chair of the DuPage County Bar Association, and his experience allows him to navigate the most sensitive issues of family law.

Serving Papers

Like any other divorce, the process begins by serving your spouse with papers, providing him or her with formal notice of your intent to file for a dissolution of marriage. To make sure these papers reach your spouse behind bars, you will have to find your spouse’s inmate number via the state’s online posting from the Department of Corrections.

Continue Reading ››