Posted on April 27, 2022 in Divorce

As the population of Illinois ages, many of us are facing difficult choices where our parents are becoming less mentally capable of making important decisions in their lives. One of the common ways to handle this situation is to seek guardianship from the courts. If granted this guardianship, you would be able to manage their affairs such as their finances, living arrangements, and medical treatment.

But there are also a number of potential drawbacks to consider. First, these wards (those being cared for) can feel extremely limited and frustrated by this loss of independence and reduced control over their lives. Plus, to protect their interests, you as the guardian will also be closely monitored by the courts. This can add up to a large time commitment, as well as substantial legal fees for both the guardian and the ward. There will be regular reporting requirements as well as public court appearances regarding personal decisions, which can prove embarrassing.

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 Posted on April 22, 2022 in Divorce

Living with domestic violence can be confusing. Just when a bad temper or action actually crosses the line may not always be so easy to determine. In our state, the Illinois Domestic Violence Act gives you and your children the right to feel safe in your own home. That means beyond the reach of unwanted contact, physical violence, or even verbal harassment. The law spells out which acts are illegal to carry out in which types of relationships. And if it becomes necessary, it gives you the right to get an order of protection from a court to maintain that safety. So how do you know exactly where you stand?

“Domestic Violence” Means Certain Acts Against Certain People

“Domestic violence” is an actual crime where one member of a household or family abuses another. Among the acts of abuse are:

• Physical abuse (pushing, hitting, strangling, forced sex, preventing you from leaving),

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 Posted on April 14, 2022 in Divorce

When you or your spouse own or have an interest in a business, these holdings could become a major source of contention during divorce. Often, each spouse will have their own ideas about the valuation of the business and how it should be divided. Over the past two decades, Calabrese Associates, P.C. has helped numerous business owners protect their rights and investments in even the most complex circumstances. Here are some of the issues you may encounter:

Business Valuation

The first step after determining which business holdings may be considered marital property is to conduct a thorough and detailed business valuation. Some key issues that may arise are how much each of you has contributed to the business, either directly or indirectly, or how much you have maintained the home during any extended business trips the other partner may have taken.

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 Posted on April 08, 2022 in Divorce

The division of assets and debts is a crucial aspect of any divorce case. Unfortunately, with the breakdown of trust in a marriage, one spouse may feel entitl​​ed to the lion’s share of assets in a divorce—and may even begin concealing some property to protect it from division. Obviously, the better picture you have of those assets, the better your chances of a fair and equitable property distribution. These three strategies will help you get what you are entitled to in your divorce.

Get Professional Legal Help

If discovering hidden marital property seems like an impossible task, you may be right—if you attempt it on your own. This is absolutely the time to call in the professionals, starting with an experienced divorce attorney. From there, specialists like a forensic accountant, private investigator, and business evaluation expert can assist your attorney in recovering marital assets that have been fraudulently hidden, sold, or transferred. Therefore, once you have documented what you can, leave the heavy lifting to your team.

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 Posted on March 31, 2022 in Prenuptial Agreements

Getting a prenuptial agreement does not mean that you are preparing for divorce–far from it. Couples who are able to successfully negotiate a prenuptial agreement show excellent communication and compromise skills, which are both indicative of a strong couple. Prenuptial agreements can actually cover more than just divorce terms, and can also help couples who do make it until death do they part. However, there is always a chance that you will one day decide to split up, in which case your prenuptial agreement can protect both of you. There are also legal safeguards in place to prevent a drastically unfair agreement from being enforced, so the risk level might be lower than you think. It is always a good idea to be represented by your own attorney while entering a prenuptial agreement.

Why Should Every Couple Have a Prenuptial Agreement?

Having a prenuptial agreement in place can be extremely helpful in the event that you do get divorced, but the reasons you need one are not limited to the agreement’s helpfulness in divorce. Reasons you might want a prenuptial agreement include:

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 Posted on March 24, 2022 in Paternity

It is simple fact that every child has a biological mother and a biological father. Whether the child was conceived through assisted reproductive technology like surrogacy, adopted, or conceived naturally, there are two biological parents. However, being a biological parent does not mean that you are your child’s legal parent as well–nor does being a child’s legal parent mean that you must be a biological parent. Parentage issues can be quite complicated, but establishing parentage may or may not be. Illinois is a rather progressive state when it comes to parentage issues. If you have concerns about establishing that you are your child’s legal parent, a family law attorney may be able to help.

Why is Legal Parentage Important?

Legal parentage opens up a lot of doors both for the parents and for the child. A second legal parent must be established before the custodial parent can pursue child support. A person must be legally established as a child’s parent before they can pursue any type of joint custody arrangement that allows them to spend time with the child.

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 Posted on March 17, 2022 in Divorce

Divorce can be difficult and complicated for anyone. Even for spouses who do not share many assets, there can still be quite a lot of conflict during a divorce. However, if you and your spouse–or one of you alone–hold assets of significant value, the road to a final divorce decree can be even rockier. Dividing your assets is likely to be the most time-consuming and legally difficult part of your divorce. Even sorting out who actually owns what can be difficult if your marriage lasted more than a few years. You may endure more conflict throughout. It is critical that you find an attorney who is experienced with guiding people through high-asset divorce. This kind of divorce takes skill.

What Concerns May Arise During High-Asset Divorce?

Dividing your marital assets will naturally be more difficult the more assets you own. Some assets, like stock portfolios, real estate holdings, and joint businesses, are difficult to divide. Concerns you should be aware of include:

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 Posted on March 10, 2022 in Divorce

When mediation works, it can be a great solution during a divorce. It costs less than litigation, and it often gets you a final divorce decree much faster so you can move on with your life. However, mediation requires a certain amount of cooperation from both parties. That means that mediation is not going to work for every divorcing couple. Some spouses refuse to participate in good faith or to make reasonable concessions. Attorney-facilitated negotiation can fail for the same reasons. If you suspect that your spouse will not work with you during the divorce process, it is particularly important that you find an attorney with strong courtroom skills, as the odds that your divorce will be contested are high.

Signs That Your Divorce May End in Litigation

Any one of these factors alone can potentially result in a contested divorce. If you identify with multiple factors, it may be a good idea to start mentally preparing yourself for divorce litigation.

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 Posted on February 28, 2022 in Divorce

The worst nightmare of many people comes true when their spouse unexpectedly asks for a divorce. Sometimes the marriage may not be going well, but reconciliation seems likely; other times, the announcement comes completely out of the blue. It can be frightening and difficult to know what to do, and the idea of hiring a divorce attorney may seem painful and unnecessary.

But if you have been surprised by a request for a divorce, it is important to take your spouse seriously and not put off taking practical actions. You may eventually be able to change your spouse’s mind, but if you cannot, you may put yourself at a serious disadvantage by waiting to find a divorce attorney.

Assess the Situation Realistically

Studies suggest that divorces can be more traumatic for many people than the death of a spouse, especially when one spouse does not want the divorce to happen. Other studies suggest that people who get divorced are often not happier later, and many regret it. But while all these things may be true, if your spouse has made up his or her mind, you need to be able to look at the situation honestly.

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 Posted on February 22, 2022 in Divorce

Couples engaged to be married in DuPage County may choose not to create a prenuptial agreement for several reasons. They may feel that such an agreement detracts from their commitment, or they may believe they do not have sufficient assets to justify the time and expense required to create such a contract. However, once a couple has gotten married, the benefits of a similar contract - the postnuptial agreement - may become clear. Creating a postnup does not mean you plan to get divorced; rather, it allows spouses to protect each other if a divorce does happen. Couples create postnups for many reasons, but knowing the most common reasons may help you decide whether you want to create your own.

Common Reasons For Creating a Postnuptial Agreement

A postnup can address many of the same topics as a prenup and is bound by similar limitations. For example, a couple cannot decide how to handle child support or child custody in their postnup, but they may address other issues that usually have to do with finances. Here are some common reasons couples decide to sign a postnup in Illinois:

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