Posted on December 19, 2024 in Guardianship

As parents age, they often face physical or mental health challenges that might impact their ability to care for themselves or make important decisions. When this happens, guardianship can be an important legal tool to ensure a parent’s needs are met and his or her rights are protected. 

Once guardianship is approved for someone, that person is considered a "ward." The extent to which a guardian is allowed to make decisions for a ward is determined by the court based on a thorough clinical evaluation and report. Understanding when guardianship may be necessary and how to obtain it in Illinois can help you navigate this challenging situation, and our Illinois family law attorneys are here to help. 

When Is Guardianship Necessary?

Guardianship of an aging parent may become necessary when they are no longer capable of managing their personal or financial affairs due to age-related conditions such as:

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 Posted on December 12, 2024 in Divorce

Divorce mediation is often promoted as a cheaper and more peaceful option compared to traditional litigation. While mediation can help couples reach agreements on issues like child custody, property division, and spousal support, it is not the right solution for every situation. 

In some cases, mediation can even make existing conflicts worse or put one party at a disadvantage. Below are some reasons why divorce mediation may not be appropriate and how an Illinois divorce attorney can help you navigate the process.

Situations Where Mediation May Not Work

History of Domestic Violence or Abuse

Mediation relies on both parties feeling safe and empowered to express their needs and negotiate fairly. However, in cases involving a history of domestic violence or abuse, the power dynamics are often imbalanced. For example, imagine a woman who suffered years of verbal and physical abuse during her marriage. In mediation, she may feel too intimidated to stand up for her rights, especially if her abuser attempts to manipulate or pressure her into unfavorable agreements.

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 Posted on December 05, 2024 in Child Custody / Allocation of Parental Responsibilities

When parents share custody of their children, sticking to the agreed schedule for visitation exchanges is very important. If one parent is always late, it can disrupt plans, cause stress, and even affect the children’s well-being. Thankfully, Illinois law provides ways to handle this issue. A Naperville, IL family law attorney can help you find the best solution.

Why Timely Visitation Exchanges Matter

Late exchanges can create many problems for both parents and children. For example:

• Children might miss activities, meals, or bedtime routines.

• Parents may struggle to stick to their work or personal schedules.

• Children could feel upset or confused if lateness happens often.

While occasional lateness is understandable, repeated tardiness can damage trust between co-parents and make the situation harder for everyone.

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 Posted on November 26, 2024 in Division of Assets

In 2023, a New York housewife enlisted the help of a forensic accountant to track down half a million dollars her husband hid in Bitcoin prior to their divorce. A few months into the divorce, the wife became suspicious when it appeared her husband – who earned as much as $3 million per year – had very few assets.  The woman, who had been married for over a decade, rightfully felt blindsided when she found out the truth.

Since the couple had never really discussed cryptocurrency or making investments, the wife had no idea her husband was stashing money to keep her from getting her half of the marital assets during the divorce. A 2022 NBC news poll discovered that about 21 percent of American adults have invested in, used, or traded cryptocurrency. Men between the ages of 18 and 49 took the top spot for cryptocurrency investors.

Many divorce attorneys would agree that the law is simply not keeping up with digital assets when it comes to dividing marital assets during divorce. In fact, some attorneys are just beginning to add cryptocurrency to requests for the production of documents during divorce discovery. If there is any silver lining to spouses hiding assets in cryptocurrency, it would be the increase in forensic investigator jobs created to track down these assets during a divorce.

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 Posted on November 19, 2024 in Child Custody / Allocation of Parental Responsibilities

In the state of Illinois, the best interests of the child are always the overriding concern when determining the allocation of parental responsibilities, parenting time, and which parent will be the primary residential parent (the parent the children live with the majority of the time). The allocation of parental responsibilities determines how the parents will make important decisions for their children.

There is a presumption that both parents will work together to negotiate an agreement that clearly outlines each parent’s rights and decision-making capacity. The major decisions in a child’s life include choices regarding religion, education, health and medical care, and extracurricular activities.

The parents may decide to discuss these decisions and make them together or may split the decision-making between the parents. In either case, there must also be a way of resolving any differences that arise in the future. After determining the allocation of parental responsibilities, one parent is usually designated as the primary residential parent, while the other has parenting time.

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 Posted on November 13, 2024 in Divorce

Conflict is, unfortunately, a part of divorce for most couples. Even spouses who begin a divorce in agreement on most issues can soon begin having problems. Of course, there is conflict, and there is the kind of conflict many of us cannot even imagine. When one spouse has a high-conflict personality, divorce will be much more complex, costly, and time-consuming – a true roller-coaster ride of intense emotions.

A high-conflict divorce is generally considered one in which one or both spouses engage in negative behaviors. This is meant to inflict emotional pain on the other spouse and sometimes is meant to derail the entire divorce process. If you are expecting a high-conflict divorce thanks to your spouse, speak to a highly skilled Naperville, IL divorce lawyer from Calabrese Associates, P.C..  

What Are Some Red-Flag Behaviors of a High-Conflict Spouse?

High-conflict spouses are likely to engage in one or more of the following behaviors during a divorce:

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 Posted on November 05, 2024 in Divorce

In an ideal world, divorcing spouses would be able to resolve all their disagreements and follow any orders handed down by an Illinois family court judge. Unfortunately, we do not live in an ideal world. One spouse may sometimes refuse to cooperate with an order or could even directly disobey an order, requiring enforcement of the judgment.

For example, one spouse may have been ordered to pay spousal support but refuses to do so because he or she feels the ruling was unfair. A judge’s orders could be permissive or prohibitive. A permissive order grants either party permission to engage in a specific conduct. During the distribution of assets portion of the divorce, the court could give one spouse permission to sell a specific vehicle and split the proceeds with the other spouse.

In the same situation, a prohibitive order could prohibit one spouse from concealing or transferring the vehicle to keep the other from taking possession of the vehicle. When a judge’s orders are ignored or deliberately violated, the judge could hold the person who violates the order in contempt of court. When you have an experienced Naperville, IL family law attorney from Calabrese Associates, P.C. as your advocate, a contempt of court ruling can often be avoided.

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 Posted on October 25, 2024 in Divorce

Unfortunately, mistakes made during a divorce can have long-term negative consequences. When you are in the middle of a divorce that seems to be going on forever, and you are sick of arguing with your spouse, it can be tempting to simply say "You can have whatever you want." While understandable, this is never a good strategy.

Months or even years later, that choice can come back to haunt you in a big way. After choosing an experienced Naperville, IL divorce attorney that you trust to have your back, the best thing you can do is stay the course. Remind yourself as many times as it takes that the stress and anxiety you are going through now will end – and that it is necessary to ensure a fair divorce settlement.

Not Hiring a Divorce Attorney Soon Enough Can Be a Major Mistake

If you and your spouse are having a "friendly" divorce and are in agreement about virtually everything, then failing to hire a divorce attorney immediately may not be quite as devastating. However, for most couples, there will be disagreements about one or more issues, and even divorces that begin uncontested can quickly turn not only contested but hotly contested. It is important that you have a strong legal advocate in your corner who will ensure your interests are protected.

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 Posted on October 22, 2024 in Spousal Maintenance

Although most people who receive spousal maintenance in Illinois understand that those payments will stop if they remarry, cohabitation, or living with another person, can also result in the termination of monthly payments. A complex group of factors must be carefully navigated to avoid the termination of monthly spousal maintenance payments – which could be a financial lifeline for you at this point in your life.

Perhaps you are not cohabitating with another person in the romantic sense; rather, you are renting out a room in your home to an old friend who just happens to be of the opposite sex. Even though you may only be trying to bring in some needed cash while helping an old friend, appearances can be everything. It could be helpful to speak to an experienced Naperville, IL spousal maintenance lawyer from Calabrese Associates, P.C., who can determine where you stand legally.

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 Posted on October 15, 2024 in Divorce

Many parents must work to pay necessary expenses. After a divorce, money may be tighter for both parties, making working even more vital. This means that younger children may need daycare when no close family member can care for them. As of 2023, about 23 million children ages five and under lived in the United States, with seventy-one percent of them living in households where both parents work. As a result, many working parents need some form of childcare arrangements.

If you are in the middle of a divorce and are facing issues with the allocation of parental responsibilities and child support, you may wonder how your child’s daycare could be affected. Will you be able to continue to afford daycare, or will your ex be required to pay at least half? Speaking to a knowledgeable Naperville, IL child support attorney from Calabrese Associates, P.C. can be helpful as you sort out the details of your divorce.

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