We are open for business and offering phone and video consultations during business hours.

Free Initial Consultations

Phone630-580-6373
With offices in Naperville, Joliet, Wheaton, Plainfield & Chicago
Livas Law Group

Recent Blog Posts

How Can I Get Legal Recognition as My Child’s Father?

 Posted on March 04, 2024 in Paternity

IL family lawyerNot everyone is aware that your marital status at the time of your child’s birth affects whether you are legally recognized as the child’s father. When a woman gives birth to a baby, she is automatically considered that baby’s mother. If she happens to be married to a man at the time of the birth, then he is automatically considered the baby’s father. Things become more complicated for an unmarried couple. Certain procedures need to be followed for the father to be recognized as such, and this legal recognition of parentage is of significance later on. If the father is not interested in being legally considered the father, the mother can go through the court to compel him to take a DNA test, thus proving he is the father and making him liable for various parental responsibilities. But if you are the father and you want your parental rights, you can conduct what is called a voluntary acknowledgment of paternity, or VAP. If you are a single father who wants to be involved in raising your child, speak with a trustworthy Wheaton, IL paternity rights lawyer who can explain what your options are and offer guidance.

Continue Reading ››

Is Birdnesting a Good Option for Me?

 Posted on February 22, 2024 in Child Custody

IL family lawyerOne of the most contentious topics when parents get a divorce relates to their children: Who will they live with? Where will they live? If parents have joint custody and one of them keeps the family home, what happens if the other parent cannot find a home in the same school zone? Birdnesting can be a good option for parents trying to think outside the box to help their children keep feeling stable and settled despite the divorce. While this article will provide basic information about the concept, you can speak with a Wheaton, IL divorce lawyer to find out more and see whether this kind of arrangement might suit you and your ex-spouse.

What Is Birdnesting?

Most divorced parents live in two separate homes, and their children alternate between them depending on their prearranged custody schedule. While many people find that living completely separate from their ex is the best way to move on, some choose a different living arrangement. Birdnesting is when the family home is retained, and the children live there permanently. The parents alternate staying in the home with them based on the custody and visitation agreement. On days when the other parent is with the children, they stay somewhere else.

Continue Reading ››

Three Reasons Why DIY Divorce Is Generally Not Your Best Bet

 Posted on February 19, 2024 in Divorce

IL divorce lawyerPeople about to go through a divorce are commonly concerned about the costs involved. When you are busy wondering how you will be able to transition from a situation of shared income and expenses to one of financial independence and being responsible for covering the costs of living and raising children on your own, the idea that you will now need to pay a lawyer for however long the process will take can seem unimaginable. As you start researching the divorce process online, you will likely find websites claiming to offer easy and inexpensive ways to have a “do it yourself” divorce without needing a lawyer.

Understandably, people sometimes opt out of hiring a lawyer, especially since you are not required by law to have one represent you in your divorce. However, if your specific situation involves conflict, an owned business, a complex financial portfolio, or children, having an experienced attorney represent you and your interests can be pivotal. If you are considering divorce, a compassionate Wheaton, IL divorce attorney can offer you invaluable guidance.

Continue Reading ››

Why Does Establishing Paternity Matter?

 Posted on February 13, 2024 in Paternity

IL family lawyerIf you are an unmarried father who wants parental rights, it is important that you establish paternity. While it is a fairly simple procedure at the time of the child’s birth, that is not always an option. If not, there are ways for you to establish paternity after the child is born. If you are a single father in Illinois who wants to establish your paternity, an experienced Wheaton, IL paternity attorney can explain what is involved and help you figure out how to proceed.

Parentage in Illinois

In the state of Illinois, a woman giving birth is automatically and legally considered the child’s mother. If she is married to a man at the time of birth, her husband is automatically and legally considered the baby’s father. When the parents of a baby are not married at the time of birth, it is less straightforward for the father. He is not automatically recognized as such and will need to establish his paternity, meaning he needs to prove that he is the child’s father.

Continue Reading ››

My Ex Stopped Making Child Support Payments. What Should I Do?

 Posted on February 09, 2024 in Child Support

IL divorce lawyerWhile deciding to get a divorce can be extremely difficult for most parents, that decision might just be the tip of the iceberg. The parents will need to go through divorce proceedings, reach a settlement, and then abide by that settlement as they move on from their divorce to the next stage of life: continuing to raise their children while they are no longer together. This can mean going from a two-income household to a single-income household, and the financial implications can be far-reaching. If an ex is expected to pay the other child support but fails to do so, this can further add to the financial stress. If your ex suddenly stopped making child support payments, an experienced Wheaton, IL divorce lawyer can guide you during this stressful and trying time.

Divorce and Finances

Under typical conditions, courts do not intervene in a family’s financial affairs. The parents manage their own finances as they see fit; as long as the children are fed, sheltered, dressed, and responsibly cared for, no one has the authority to tell the parents what to do with their money. Some couples have one shared bank account and share all marital income and debt. Others keep their incomes separate, and each has their own household expenses that they cover individually.

Continue Reading ››

Can I Settle My Ilinois Divorce Through Mediation?

 Posted on January 26, 2024 in Divorce

Wheaton divorce lawyerEvery person is unique, so no two marriages can be the same. That explains why some couples will have a very contentious divorce while others will be relatively amicable. When two people wish to end their marriage but would like to avoid conflict, mediation can be an excellent option. It costs less, takes less time, and involves less conflict than a divorce played out in a courtroom. Suppose you believe you and your spouse could reach a divorce settlement without entering the court. In that case, a knowledgeable DuPage County, IL, divorce lawyer can help you understand whether mediation could suit your needs.

How Does Mediation Work?

After an initial meeting with all involved parties, the two spouses sit in different rooms during a mediation process. The mediator’s primary role is facilitating communication and negotiation between the spouses, going back and forth between their separate rooms. The mediator will share their questions, offers, and responses with each other. They listen to both sides’ concerns, identify core issues and points of conflict, and offer compromises that both could find agreeable. After several rounds of relaying information to the spouses, mediation should ultimately end what a comprehensive divorce settlement has been formulated. The couple then needs to file an Illinois divorce petition with the court, and the process is essentially complete.

Continue Reading ››

What Should I Know About Guardian Ad Litem?

 Posted on January 18, 2024 in Family Law

DuPage County child representation attorneyDivorce can sometimes turn two people who once believed they would spend their entire lives together into people who cannot even communicate with each other. When a couple going through a divorce feels this way, it can be extremely difficult for them to focus on working together for the sake of their children. Even parents who have always prioritized their children’s best interests can often feel like they are in survival mode, too distracted, exhausted, and hurt by what is happening, even to be able to consider that their child may want something different than what they want for them

In cases where there is concern that the children’s interests are not being given a voice, a guardian ad litem (GAL) can be assigned. This is a specialized attorney often appointed to advocate for children during custody disputes, incidents of domestic abuse, or child support issues. If you are concerned that your children’s interests are not being represented in your divorce, a Wheaton, IL child representation lawyer can explain how a GAL might be able to help.

Continue Reading ››

My Spouse Has Become Abusive. What Can I Do?

 Posted on January 11, 2024 in Domestic Violence

DuPage County family lawyerAll people are unique. Some are considerate of others, some are self-centered, some are peaceful, and some can be violent. Being physically violent is a quality that can develop, so it is possible to meet someone who is kind and courteous and later begins acting violently. Other factors can also influence it. Someone who is typically a peaceful person can become violent as a response to stress or frustration or under the influence of drugs and alcohol. None of this excuses abusive behavior, but it can help explain how someone can find themself in an abusive relationship. When the abusive person is your spouse, and your home stops being the safe space you need it to be, your daily life can become frightening and stressful. If you are a victim of domestic abuse, speak to a compassionate Wheaton, IL, family law attorney to see how you can protect yourself with the backing of the law.

Continue Reading ››

What Should We Do with Our Family Home in the Divorce?

 Posted on January 04, 2024 in Family Law

Wheaton family law attorneyDivorce proceedings require spouses to make complicated decisions and agreements about almost every aspect of their life. They need to work out child custody arrangements if they have children, figure out if either will be paying spousal support, and devise a plan for dividing their assets. Some assets are a simple matter to divide. An amount of money can be divided up easily. Other assets, like your home, can be more complicated. If you are headed toward divorce and unsure what to do about your home, a DuPage County, IL divorce lawyer can help you weigh your options and choose a path forward.

The Pros and Cons

An easy scenario is if one spouse wants to keep the home in the divorce and the other does not. If that is the case, the spouse keeping the home might compensate the other spouse for stepping away from the property. Another fairly uncomplicated scenario would be if neither spouse wants to keep the home. If so, they can sell the house, split the money, and go their separate ways. If the spouses are unsure what would be in their best interest or if they both want to stay home, things become more complicated. To help figure out how to resolve this, several factors should be taken into consideration:

Continue Reading ››

The Most Common Joint Parenting Time Schedules

 Posted on December 29, 2023 in Visitation

DuPage County family lawyerIllinois allows parents to come up with their own parenting plan, which includes a parenting time schedule, to maximize parenting time with their children. However, a judge can intervene if they feel a different schedule would fit the children’s best interest more. There are many examples of parenting time schedules that parents or a judge can choose, but some are more common than others. For a more in-depth look into parenting plans and schedules, consulting an attorney could be beneficial.

Weekly Alternation

A very typical parenting schedule involves a one-week on, one-week off approach. Alternating weeks where one parent has the child in the first and third weeks or second and fourth weeks of the month can work out great if it fits into both parents and the child’s schedules.

50/50 Month Split

Similar to alternating weekly, except in this scenario, one parent gets back-to-back weeks with their children before dropping them off at the other parent’s house for their two weeks of parenting time.

Continue Reading ››

Back to Top