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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 Posted on January 26, 2024 in Paternity

Understanding why paternity is important is crucial to a child's life and the parents. It is essential where divorce is concerned and all the issues accompanying it. A court will decide on all things related to a child that is in that child's best interest. If an alleged father has not yet established paternity, they may be left out of all decisions regarding the child. That is because the court will only recognize the child's legal father when it comes to custodial rights. For help with establishing paternity, it could help to speak with an attorney experienced in family law.

Custodial Rights

When paternity is established, the father can then be granted custodial rights to his children. These rights include allocating parental responsibilities such as parenting time and decision-making and getting your name on a child's birth certificate. Parenting time refers to visitation and time spent with your children that would otherwise not be granted without first establishing paternity. The same can be said for decision-making rights over your child. With these legal rights, you will have a say in your child's upbringing that is enforceable by the court.

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 Posted on January 16, 2024 in Child Support

Whether you are the culprit or if it is being done to you, withholding a child’s time from their parent just because that parent is behind in child support payments is wrong. It may be anger-inducing, but you cannot take matters into your own hands concerning court-ordered actions. By withholding parenting time, you are setting yourself up to be seen in poor standing by the Illinois court. Not paying child support can see you being held in contempt by the court with the possibility of seeing interest added to your owed payments.

The laws governing parenting time and child support can be complex. As such, it is important to include an attorney in your decisions so that they may help you steer clear of legal troubles down the line.

Withholding Parenting Time

Withholding or denying a parent’s right to visitation with their child is considered visitation interference, which is unlawful in the state of Illinois. It does not matter the reason; by violating a court order, you are placing yourself in the crosshairs of the law. A first and second visitation interference offense is guilty of a petty offense. However, continued denial of parenting time becomes a Class A misdemeanor. A Class A misdemeanor carries a possible sentence of up to one year in prison along with a maximum fine of up to $2,500.

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 Posted on January 04, 2024 in Spousal Maintenance

Either through spouses’ own terms or a court order, spousal maintenance is a very real possibility after a divorce. However, sometimes, things happen that can change the need for maintenance, and modifications or termination may be required. The legalities of maintenance can be complex and overwhelming. An experienced attorney can answer any questions or concerns you may have regarding maintenance payments.

What is Spousal Maintenance?

Often referred to as alimony, spousal maintenance is support payments that one spouse provides to the other following a divorce. The spouse ordered to pay will usually be the one who is better off financially, while the recipient may not be well off enough to maintain their standard of living as if they were still married.

The Illinois court determines maintenance eligibility and, if awarded, is legally binding and enforceable by law. In most cases, the duration for maintenance is finite and will end once the court-ordered obligation has been achieved.

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 Posted on December 28, 2023 in Child Custody / Allocation of Parental Responsibilities

Parents are encouraged to cooperate after a divorce and develop a parenting plan they can submit to a judge for approval. This should not be an issue in an uncontested divorce, but there is still mediation for parents who cannot cooperate for whatever reason. When parents cannot agree, a judge will intervene and establish a parenting plan that they feel is in the children's best interest. An attorney with experience in family law can help you come up with a parenting plan, including all of the essentials.

Parenting Plan: What is it?

Parenting plans are documents that both parents or a judge can create that detail who will make decisions regarding their children and how they can be made after a divorce. A proper parenting plan will detail parental responsibilities, which include:

• Decision-making

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