Posted on April 14, 2025 in Prenuptial Agreements

No one signs a prenuptial agreement thinking that they will definitely need it one day. Regardless, divorce is common, and often, with that process comes the division of assets, child custody, and more stressful considerations. Prenuptial agreements can simplify or complicate divorce. If you need to contest a prenup, a Naperville, IL prenuptial agreement attorney can help you understand the legal options available and what you need to seek a better arrangement.

What Are the Grounds For Contesting a Prenuptial Agreement?

A standard prenuptial agreement outlines what will happen to assets and liabilities should the marriage result in divorce. Sometimes, this works more in favor of one party. There are many reasons to contest a prenup, including but not limited to the following:

Continue Reading ››

 Posted on April 03, 2025 in Business and Divorce

In Illinois, a divorce can significantly impact a business, especially if it qualifies to be included as part of the division of marital assets. The state follows an equitable distribution rule, which means that marital property is divided fairly, and that can include a business. How the company is affected depends on several factors, and you should review the matter with an Illinois family law attorney to understand your rights. At Calabrese Associates, P.C., we can assist with asset division and how it relates to your business.

Business Classification

First, how can you know whether the business is marital or non-marital property? It is marital property if you started or acquired the business during your marriage. If so, it is subject to division. It does not matter which spouse ran the business. Even if only your name is on the business, it still may be considered marital property if marital efforts and funds were involved in the company’s growth.

Continue Reading ››

 Posted on March 31, 2025 in Postnuptial Agreements

Over the course of your marriage, you and your spouse will inevitably come across obstacles and opportunities. You may not have seen the need to sign a prenuptial agreement before your marriage, but circumstances can change after your vows, necessitating a guarantee of financial security. If you are thinking about drafting a postnup, an Illinois family law attorney can help you get the document in writing.

The purpose of a postnuptial agreement is to dictate how certain financial aspects of your divorce will be handled, if it ever comes to pass. At Calabrese Associates, P.C., our family lawyer can simplify the process of writing a postnup so that you and your spouse can rest easy.

Starting a Shared Business

Starting a joint business venture with your spouse can be an exciting time in your marriage. However, you may have a difficult time splitting up your business interests in your divorce without interrupting your daily operations. 

Continue Reading ››

 Posted on March 27, 2025 in Spousal Maintenance

After a divorce is finalized, you might find yourself responsible for paying child support or spousal support – maybe even both. These are both serious obligations, with serious consequences if you refuse to pay. However, the court does recognize some circumstances to modify these orders. An Illinois family law attorney can represent you in front of a judge, making a good faith case on your behalf.

At Calabrese Associates, P.C., we are sympathetic to the troubles people face after a divorce. When you work with our firm, you will receive qualified legal counsel and representation from an attorney with years of hands-on experience.

Loss of a Job

In order to petition for a modification of a support order, you will have to prove that you experienced a substantial change in circumstances. If you lost your job unexpectedly, you may have a strong case to get the payments paused or reduced. 

Continue Reading ››

 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 ››