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

Going through a divorce or child custody dispute can be trying. It is normal to feel frustrated and fearful of losing time with your children. However, it is important to act with great care while your case is open. Making a mistake while you are in the midst of a child custody case can lead to a less favorable result. It is important to speak with your Naperville, IL child custody attorney about what steps you can and cannot take as your case is pending. While it can be tempting to take steps like refusing to drop off your children with their other parent during a heated custody battle or teaching your children what to say, these errors could have a serious impact on your future parenting plan.

Mistakes to Avoid While Your Parenting Plan Is in Progress

If your child custody case is still pending, it is important that you do not:

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 Posted on March 28,2024 in Paternity

This is a relatively common situation, especially for married men who knew that their wives had been unfaithful. Infidelity is a common cause of divorce all over the United States. The emotional impact of finding out that your wife has had an affair can be devastating, even more so if you determine that a child you thought was yours may not be. Getting divorced can be quite complicated when there is a question of paternity for a child who was born during the marriage and will need a parenting plan. A large number of factors may become relevant, including the wishes of the man who has found out he is not a biological father. If you are getting divorced after learning that a child born to your wife is not genetically your child, it is important to work with an experienced Naperville, IL divorce and paternity lawyer.

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 Posted on March 22,2024 in Child Custody / Allocation of Parental Responsibilities

Courts in Illinois rarely find that giving one parent full custody and excluding the other parent from the child’s life is in the best interests of the child. Wherever possible, courts will work to salvage the parent-child relationship in any way that is practical and safe for the child. However, in certain cases, the court can find that full custody is appropriate. While limited supervised visitation is often ordered when one parent is not capable of caring for the child independently or poses some risk, courts sometimes find that even supervised visitation could harm the child. If you are in a situation where you need full custody of your child, you will need an experienced Naperville, IL child custody lawyer.

Circumstances Where Full Custody May be Granted by a DuPage County, IL Court

If any of the following issues apply to your case, you may have a chance at gaining exclusive custody of your child:

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 Posted on March 14,2024 in Prenuptial Agreements

In most cases, yes, you can refuse to get married unless your fiance or fiancee agrees to sign a prenuptial agreement. However, you will need to be careful to avoid later accusations of coercion, which can cause your agreement to be deemed invalid. While it is wise to not get married without a prenuptial agreement, it is important to speak with a knowledgeable Naperville, IL, prenuptial agreements attorney to ensure that your prenuptial agreement can be enforced later should you get divorced. Mistakes made in the process of creating such a contract can mean that your agreement will not be held up in court later, so it is important to take the right steps when asking the person you are going to marry to commit to an agreement before marriage.

How to Approach Requiring a Prenuptial Agreement Before Marriage

Some tips for creating an enforceable prenuptial agreement include:

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 Posted on March 06,2024 in Divorce

Marital disputes can make you feel completely isolated. Social media is full of carefully created but usually unrealistic portrayals of “perfect” marriages. When you and your spouse are having a serious argument, or your spouse has done something that truly upset you, you might not know what to do. While virtually all married couples have disagreements, some types of disputes or misconduct are more serious than others and may lead to the marriage ending. Some spouses choose divorce right away while others may choose to try to reconcile. You have legal options if your marriage is struggling or you begin to question whether your marriage is worth trying to save. A Naperville, IL, family law attorney can help you determine what your options are and how to protect yourself.

If You Are in Danger, Get a Protection Order 

First, if your dispute turned physical and you fear that your spouse might commit further violence against you, getting a protection order can help keep you and any children you have safe. This type of order can force your spouse out of the marital home immediately and prevent them from coming to your workplace or otherwise contacting or getting near you.

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 Posted on February 23,2024 in Divorce

If your spouse has wracked up significant gambling debt or lost a lot of money during your marriage, there is a fairly good chance that your spouse has a gambling problem. There is also a fairly good chance that their gambling addiction is the reason you are getting divorced. Being married to someone who spends too much time in casinos or on online gambling platforms can be extremely difficult, both emotionally and financially. If money keeps going missing, or your spouse’s paychecks are not making it into your joint bank account at all, you probably know why. The good news is that unless you were an active participant in your spouse’s gambling, you are probably not responsible for their gambling debt, and you may even be entitled to recover some of the funds your spouse lost. Your Naperville, IL, divorce attorney can help you determine whether your spouse’s gambling losses amount to wrongful dissipation of marital assets.

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 Posted on February 20,2024 in Division of Assets

The larger and more complex your marital estate is, the more challenging it may be to divide your property fairly during your divorce. High-asset spouses often own assets that generate profit, such as rental properties or a family business, or assets of fluctuating value, like joint investments. Illinois requires all marital assets to be divided fairly and equitably, but determining how to divide certain assets in the most fair way possible may not be easy. If you and your spouse are in a high-asset marriage, it is important to work with a Naperville, IL, divorce attorney who has experience dividing complex assets during the divorce process. While high-asset divorce is somewhat more likely to be litigated, resolving your divorce out of court may allow for greater flexibility in creating a division plan.

Dividing Stock Holdings 

High-asset spouses often share a stock portfolio. As the price of each stock is constantly in flux, it may not be easy to determine how to split your stock holdings so that each spouse will retain roughly the same value. One technique is to equally divide stocks in each separate company you own stocks in. So, if you own 50 shares in Company A, each of you would keep 25 shares of stock in Company A.

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 Posted on February 13,2024 in Guardianship

If you have a child with significant disabilities, you may have known for a long time that you would probably need to retain legal guardianship of them when they turn 18 years old. Your child may also know that guardianship has always been the plan. Or, your child’s need for guardianship may not have become apparent until after they became a legal adult. Some parents of adult children pursue guardianship after their child suffers a traumatic brain injury, becomes addicted to drugs, or experiences a significant mental illness that prevents them from caring for themself. For some, obtaining guardianship is an expected and relatively simple process. For others, it can be very emotional, and you may wonder whether you are doing the right thing. A Naperville, IL, adult guardianship attorney can help you reach a decision about whether to pursue guardianship for your child.

Who Can be Placed Under Guardianship in DuPage County, IL? 

Illinois state law lists several different types of disabilities for which an adult may be placed under the guardianship of a responsible person. Types of disabilities that may mean you can obtain guardianship over your adult child include:

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 Posted on February 09,2024 in Domestic Violence / Orders of Protection

Trying to resolve your divorce out of court is rarely recommended if your spouse has abused you in any way. However, it is technically possible if you are both determined to make it work and your safety can be protected. Instead of using face-to-face mediation, attorney-led negotiation is usually the preferred strategy. Remember that if at any point, trying for an uncontested divorce begins to negatively affect your mental health, your children, or your physical safety, you have the right to immediately stop the process and elect to go to court. The type of abuse you experienced is also relevant in deciding whether to consider uncontested divorce as an option. A qualified Naperville, IL, divorce attorney can help you make this important decision. 

Preventing Further Abuse During Divorce

Nothing is more important than your safety and emotional well-being during your divorce process. Only in cases where the abused spouse can be well-guarded against any further attempt at abuse or manipulation should uncontested divorce even be considered as an option.

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 Posted on January 31,2024 in Judgment Modifications

Circumstances may make parents feel a change is necessary to an already established parental responsibilities court order. The change can be determined mutually between parents to benefit their children or through a motion to modify through the court. Understanding the process and steps required will help ensure things move smoothly. A lawyer can help provide invaluable advice and counsel throughout the entire process.

Factors That Affect The Allocation of Parental Responsibilities

When a judge issues a court order on the allocation of parental responsibilities, it is done so in the child's best interest. It is not a decision that is made lightly and requires a judge to weigh multiple factors against one another to determine the best possible outcome. The factors a judge will consider may include:

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