Posted on November 03,2023 in Divorce

Rental properties can be a point of contention in any Illinois divorce. Understanding whether or not a rental property is considered marital property will go a long way in determining how it will be divided during divorce proceedings. Anyone who plans to dissolve a marriage and owns rental properties should also understand Illinois laws and the rights and responsibilities regarding them. An attorney with experience handling these cases will be helpful during a property division hearing regarding your rental assets.

What is Marital Property?

In Illinois, marital property is most property or assets acquired during a marriage. Any property acquired before a marriage is considered non-marital property. Exceptions to marital property considerations are:

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 Posted on October 30,2023 in Guardianship

Adult guardianship is a legal arrangement where a court appoints one person to make important decisions on either the health and well-being of an individual, their finances, or their estate. This individual will have to be 18 years of age or older and incapable of managing their own life and assets effectively.

As the process for guardianship can take many months, it is not uncommon for a court to grant temporary emergency guardianship to an individual while waiting for an official guardian to be appointed. This provides that individual with immediate protection in the case of threats or other emergencies. An attorney well-versed in Illinois guardian law can better help you navigate the entire process while answering any legal questions you may have.

Why File for an Emergency Guardianship?

Persons with disabilities or impairments who may be incapable of protecting themselves from harm or threats may require guardianship. Emergency guardianship is for those individuals who have a reasonable expectation that while waiting for a full-time appointed guardian, harm could come to them or their estate. So, to safeguard these adults from that harm, an emergency guardianship may be required.

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 Posted on October 24,2023 in Relocation

It is not uncommon for parents to want to move with their minor children while a family law case is pending. Though it may not affect the case outright, relocating with a child during an ongoing case is possible temporarily. Before final allocation judgment, a court can grant temporary relocation of a child as long as it is in the child’s best interests. Navigating Illinois parental allocation laws can be difficult. An experienced lawyer experienced in such legal matters would be a boon to your case.

Relocating After Parental Rights Allocation is Finalized

Any move after the allocation of parenting rights has been entered will require notification to the other parent. Parents with equal or majority parenting time must obey Illinois relocation laws in this matter, as a move is considered a change in a child’s primary address. It is considered a relocation if:

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 Posted on October 12,2023 in Divorce

Illinois is a no-fault state. So, regardless of domestic behavior problems or abuse, either spouse can file for divorce at any time. Domestic violence’s impact on divorce is felt more so when it involves children. If you suspect violence or have been on the receiving end of it yourself, seek safety immediately. Once you and your children are safe, your next call should be to a trusted attorney experienced in domestic violence cases.

What Does Illinois Consider Domestic Violence?

Domestic violence is harassment, injury, or threat of injury to a family or household member. Household and family members under Illinois law:

• Blood relatives
• Married couples
• Dating couples or ex-couples no longer dating who share a home

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 Posted on October 03,2023 in Prenuptial Agreements

A prenuptial agreement, premarital agreement, or prenup, is a contract that two people enter into before they get married. A prenup can be used to establish the rights and responsibilities of each spouse in the event of a divorce or death. There are many reasons why couples might choose to get a prenup.

A prenup can be a valuable tool for protecting your assets, your children, and your financial future. When considering marriage, it is important to talk to an attorney to discuss your options and to make sure that you understand the terms of a potential prenup.

Reason #1: Protecting Your Assets

Significant assets, such as a business, real estate, or investments, should warrant a prenup consideration. Establishing a prenup can help to avoid conflict and save money on legal fees should a divorce occur. By having a prenup in place, you and your spouse can avoid having to negotiate the division of assets and debts in court that were written into the agreement. Marital assets are still subject to a court-ordered equitable split under most circumstances (see postnuptial agreements).

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 Posted on September 27,2023 in Child Custody / Allocation of Parental Responsibilities

Custodial interference occurs when a parent prevents the other parent from having their court-ordered visitation with their child. This can be done in a variety of ways, such as:

• Refusing to let the child go to the other parent's house
• Hiding the child from the other parent
• Moving out of state without the other parent’s permission
• Picking up the child early or dropping them off late
• Showing up unexpectedly during the other parent’s parenting time
• Keeping the child from talking to the other parent on the phone or video chat

Custodial interference is a serious problem that can have a devastating impact on you and your child. There are steps you can take to protect your rights and your relationship with your child. It starts by contacting a family law attorney who can help you understand your options and can represent you in court if necessary.

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 Posted on September 19,2023 in Domestic Violence / Orders of Protection

When safety concerns arise, individuals in Illinois have the legal right to seek protection orders. A protection order is a legal document that can help protect you from harassment or harm. There are four main types of protection orders in Illinois: Order of Protection, Civil No Contact Order, Stalking No Contact Order, and Firearms Restraining Order.

You need to go to court and file a petition to obtain a protection order. Understanding the correct order for your situation may require an experienced attorney, one who can help navigate the steps involved so that you can better understand the specific situations required to obtain a protection order.

Order of Protection

This type of protection order is specifically designed for cases involving domestic abuse where there is a known relationship between the victim and the abuser. It offers legal protection to those facing harassment or abuse within family, spousal, or dating relationships. To obtain an Order of Protection, individuals can seek help from domestic violence programs, involve an attorney for civil court filing, request it during divorce proceedings, initiate it within criminal prosecutions, or personally file for one through their local circuit court clerk's office.

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 Posted on September 13,2023 in Divorce

You currently reside in Illinois and are in the process of a divorce. Unlike many couples who are experiencing this landmark decision, you and your partner are on amicable terms. Rather than fight and shout at each other, you have simply grown apart. 

 You may be wondering if this arrangement is unusual and you may be unsure as to how to proceed with a divorce. However, we assure you that you are not alone. An experienced lawyer can assist you through this difficult time. Here at Calabrese Associates, we are here to help you throughout the divorce process.

Under What Conditions Is Someone Allowed to File for Divorce?

Illinois is a no-fault divorce state. This means a couple does not need any specific reasoning in order for the divorce to be granted. Rather, the pair can simply state that they can no longer function as a couple and the court can grant them a divorce. While this may seem like an easy process, how quickly and efficiently the divorce moves will depend on how much the couple is willing to negotiate on various legal matters.

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 Posted on September 07,2023 in Divorce

Divorce is usually a challenging process. It is not a surprise that if you are in the process of divorce, you may have many questions about your future. One issue that might come up is whether you will receive full parenting rights (defined in Illinois as having the authority to make decisions for a child and the ability to spend time with a child as her caregiver). 

It is true that this path can be complex. Perhaps you might worry that since you are the father, you will not receive parenting rights. But you should not feel hopeless. An Illinois family law attorney can assist you. Here at Calabrese Associates, we are here to help navigate your journey, and we will do our best to help.

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 Posted on August 30,2023 in Divorce

When parents in DuPage County, IL, divorce, one critical decision is to determine how to divide the allocation of parental responsibilities of their children. The two main terms these responsibilities fall under are legal custody (now referred to as “decision-making”) and physical custody (“parenting time”).

Decision-making responsibilities refer to the right to make important decisions regarding a child's upbringing. These decisions can include education, medical care, and religion. Parenting time refers to visitation rights and how much time the child will spend with each parent.

If you are going through a divorce in DuPage County, IL, and are concerned about the allocation of parental responsibilities for your child, it is important to talk to a family law attorney. An attorney can help you understand your rights and options and can represent you in court.

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