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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 Posted on October 07,2024 in Prenuptial Agreements

Prenuptial agreements are becoming much more common across the United States. A significant percentage (19 percent) of prenuptial agreements are prepared in New York, followed closely by California and Florida. In most cases, one partner in the relationship is the driving force behind the prenuptial agreement. The reasons for seeking a prenuptial agreement range from protecting business interests to providing for children from a previous marriage.

If your fiancé asks you to waive spousal support in a prenuptial agreement, should you agree? Of course, there are many factors to consider in an important decision like this, and the decision should not be taken lightly. It can be beneficial to speak to an experienced Naperville, IL family law attorney from Calabrese Associates, P.C. who can help you decide whether signing a prenuptial with an alimony waiver is in your best interests.

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 Posted on September 26,2024 in Divorce

Divorce is a process that many are not prepared for. Because of this, it is helpful to have a divorce attorney you trust who can guide you through the process, answer your questions, and explain how things will work.  At some point during your Illinois divorce, your attorney may tell you there is an upcoming status hearing. Your divorce may have multiple status hearings, motions sent back and forth, interrogatories, possibly a divorce deposition, a pre-trial, and a trial if you and your spouse disagree on issues and cannot reach a pretrial settlement.

A status hearing allows both parties to inform the court about any progress made on previously identified issues and to determine next steps. While it may be unfamiliar to you, your Naperville, IL divorce attorney can guide you through your status hearings and the entire divorce, working toward the best outcome possible.  

What Things Are Discussed During a Status Hearing?

Unless your presence is specifically requested, you may not have to attend all status hearings, although attending ensures you fully understand everything that is happening during your divorce. Status hearings can include such issues as:

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

The allocation of parental responsibilities often comes with what may seem like constant difficulties with your ex. This can include when the other parent moves within the 25-mile allowable range, and you realize that move is leaving you with less and less time with your child. Years ago, the laws governing how far a primary residential parent can move in Illinois without court approval changed.

Up until the change, the primary residential parent could move anywhere within the state without Court approval or the approval of the other parent. This changed to allow the primary residential parent to move up to 25 miles without court approval, although these 25 miles can potentially cross a state line. To move farther than this, the parent needs approval. The 25-mile rule applies to parents living in Cook, DuPage, Kane, Lake, Henry, and Will Counties. Outside these six counties, the limit is 50 miles.

What if you are the parent awarded parenting time (formerly "visitation"), and this move has resulted or will result in difficulties in spending time with your child? Can you object to the move? Can you ask the Court for a modification of the allocation of parental responsibilities? Talking to an experienced Naperville, IL custody attorney from Calabrese Associates, P.C. can help you determine whether you have any options in this situation.

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 Posted on September 12,2024 in Child Custody / Allocation of Parental Responsibilities

The allocation of parental responsibilities can be one of the tougher parts of your divorce. Decisions must be made that are in the best interests of your child, regardless of how you or your ex feel about it. Old grievances and feelings toward your ex must be set aside in order to work together for the good of your child. The following scenario could apply to virtually any issue that divides parents and makes co-parenting difficult.

You and your ex share custody of your seven-year-old daughter. Two years after the divorce, the two of you have been mostly successful at putting aside your differences when it comes to parenting. Recently, your daughter has put on a significant amount of weight. She is self-conscious about the weight gain, has stopped her normal outside activities, and is having constant colds, flu, and stomach issues. Your daughter has told you that when she is with her dad, they eat nothing but fast food and that the house is full of chips and chocolate.

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