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Wheaton family law attorneysTalking to your partner about creating a prenuptial or postnuptial agreement may feel uncomfortable or unnecessary. However, considering that arguments about finances are one of the strongest predictors of divorce, there is clear value in openly discussing finances with your spouse and creating a mutually beneficial, legally binding document that addresses each spouse’s financial and property interests. If you chose to forgo a prenuptial agreement before getting married, it is important to know that it is not too late to secure the same benefits through a postnuptial agreement.

Reasons to Pursue a Postnup in Illinois

For many couples, the time before their marriage may seem too early in their lives and relationship to be worried about what happens to their property in the event of a divorce, especially if neither spouse has significant assets to their name. However, much can change throughout the course of the marriage when it comes to the couple’s financial situation and their outlook on life. With these changes often comes a more clear need to work together on a postnuptial agreement.

Perhaps the most common reason to establish a postnup is a large increase in marital or non-marital assets. For example, if you have acquired a business during the marriage, or if a business that you previously owned has increased substantially in value, it is often a good idea to establish in writing the financial interest that each spouse has in the business. Alternatively, if you or your spouse has been the beneficiary of an inheritance, it may be important to definitively establish its status as non-marital property. If you choose, your postnuptial agreement can address all assets belonging to the marital estate and each spouse individually. Doing so can prevent confusion, uncertainty, and conflict if you ultimately have to divide your property in a divorce.

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Wheaton family law attorneysWhether or not a child’s parents are married, the child often benefits from having both parents involved in his or her life. Many parents are also invested in securing and maintaining a relationship with their child. Unfortunately, for unmarried fathers, such a relationship is not necessarily guaranteed. However, there is a legal process that unmarried fathers can follow to secure the basic rights of parentage, along with an allocated share of parenting time and parental responsibilities in many cases.

Establishing Legal Paternity

Before an unmarried father can ask for parenting time or parental responsibilities, he will need to be recognized as the child’s legal parent. In Illinois, there is more than one way for a man to establish legal paternity. First, along with the child’s mother, he can sign a Voluntary Acknowledgment of Paternity (VAP) and file it with the Illinois Department of Healthcare and Family Services. Provided that there are no objections or competing claims from other alleged fathers, this is usually the most simple method of securing parental rights.

If a VAP is not possible, perhaps because the mother is not in agreement or there is uncertainty regarding the child’s biological father, a man can petition the court for an adjudication of paternity. As part of this process, the man can submit to genetic testing and present other evidence and testimony to support his claim of fatherhood. If the results of the test show that the man is most likely the child’s father, the court can issue a judicial order of parentage, providing the father with basic rights and an obligation to contribute to child support.

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Wheaton divorce attorneysAs a parent, one of your biggest concerns in the divorce process is likely how the divorce will affect your relationship with your children, especially if they will not be living with you full-time. Fortunately, in most cases the court will try to establish an arrangement that allocates substantial parenting time to both parents, provided that doing so is in the children’s best interests. However, there are circumstances in which parenting time can be restricted, and it is important to understand whether they may apply to your case. 

Reasons for Restricting Parenting Time

The primary reason an Illinois court will order restrictions on parenting time is a finding that time with a parent is likely to put the children’s physical, emotional, mental, or moral health in danger. The decision to restrict parenting time is not taken lightly and requires substantial evidence of dangerous behavior on the part of a parent. Possible behaviors that may be considered to endanger a child’s health include:

  • Abandonment or neglect of the child
  • Physical, emotional, or sexual abuse of the child or another person in the household
  • Criminal acts including sex offenses and other violent crimes
  • Substance abuse that interferes with parenting abilities
  • Relationships with other people who pose a danger to the child
  • Attempts to interfere with the other parent’s access to the child

In some cases, restrictions are included in the initial allocation of parenting time established during the divorce process. In other cases, events after the divorce necessitate restrictions or conditions on parenting time. This could be the case if new evidence comes to light, new behavior surfaces, or a parent violates or abuses the parenting time order. 

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DuPage County divorce attorneysNot all Illinois couples who are getting a divorce will have to resort to litigation to reach a resolution, but those who do will need to prepare for an often lengthy process with multiple steps. One of the most important steps that takes place before a divorce trial is the discovery period. As you prepare for your divorce, you may have questions about what discovery entails, especially if you have not been involved in any civil court proceedings in the past.

A Structured Exchange of Information

The purpose of the discovery period is to allow both spouses, along with their legal representatives, to obtain important, relevant information before the trial begins. Usually, this information pertains to each party’s finances and helps to provide a more complete picture to inform decisions regarding the division of marital assets, spousal support, and child support. There are a several ways in which information may be acquired during discovery, including:

  • Exchange of documents - Each party may ask that the other provide documents including income and tax statements, pay stubs, bank statements, and other financial documentation. In some cases, a subpoena can be requested to compel the other party to produce evidence that they do not willingly provide.
  • Interrogatories - These take the form of questions submitted by one party to the other, with written answers provided under oath, typically after consulting with an attorney.
  • Depositions - Each party may ask for oral testimony, given under oath, from the other party and other witnesses. Testimony provided in a deposition can later be presented as evidence in the trial.

The guidance of an experienced attorney is crucial during the discovery period, both to carry out a strategy for obtaining as much useful information as possible, and to advise you on how best to respond to the other party’s requests. The assistance of financial experts can also be important to help you interpret the information you and your attorney obtain.

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Wheaton divorce attorneysUnder any circumstances, it is important to thoroughly prepare for the divorce process so that you have a plan to achieve the best possible outcome. In the past year, uncertainty associated with the effects of the COVID-19 pandemic has made preparing for a divorce more difficult, but also more important. If you are looking to end your marriage, you should be aware of the ways in which the ongoing public health emergency can affect both the process and outcome of your divorce.

Important Considerations for Divorce During COVID-19

Almost every major decision related to the divorce process may be impacted in some way by COVID-19. You should carefully consider your needs and preferences related to each of the following as you prepare:

  • Divorce resolution methods and communication - In-person proceedings are limited or restricted in many Illinois courts, which means that you may need to anticipate delays in the divorce process, especially if you are resolving your divorce through litigation. If you and your spouse are open to other options, you may be able to help the process move forward by working out an agreement through virtual mediation or settlement conferences.
  • Property and asset division - It is always important to go into a divorce with a clear understanding of your finances and assets. During the COVID-19 pandemic, you should be aware that the economic downturn may affect the value of certain properties like real estate, businesses, and investments. If you do not expect to keep your marital home in the divorce, you may also need to consider new housing options that fall within your current financial means.
  • Child support and spousal support - Child support and maintenance decisions are influenced by the spouses’ income and employment status. If you have lost your job due to the pandemic, or you are suffering from health complications that affect your ability to work, you should be prepared to discuss your needs and financial limitations during the divorce process so that you can work toward a fair outcome.
  • Parenting time and parental responsibilities - Creating a parenting plan that accounts for COVID-19 can be difficult. If possible, you should work with your spouse to create an arrangement that considers the health and safety of your children and other family members, as well as remote learning and work-from-home schedules and routines.

Contact a DuPage County Divorce Lawyer

At Davi Law Group, we strive to help our clients adapt to the ever-changing realities of COVID-19 as they pursue a divorce, and we are available for phone and video consultations to provide qualified legal guidance. For a free initial consultation, contact our Wheaton family law attorneys at 630-580-6373.

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Wheaton family law attorneysThe COVID-19 pandemic has left many people struggling financially, including parents who pay and receive child support. If you are the receiving parent under the terms of your child support order, you may be wondering if there is anything you can do if your child’s other parent is unable or unwilling to continue making payments during this difficult time. Fortunately, you do have options, and a family law attorney can help you determine the course of action that has the best chance of success in your case.

Options for Pursuing Court-Ordered Child Support Payments

The first thing to note in a child support case is that an order issued by the court is legally binding, and it is never acceptable for a parent to simply stop making court-ordered payments. That said, the way in which you go about resolving the situation with the other parent may depend on your relationship with them, your willingness and ability to work together, and the reasons why they have stopped paying.

If you know that the other parent is experiencing financial hardship related to unemployment or health problems, it may be a good idea to try for a sympathetic approach. Your attorney can help you communicate with the paying parent nonconfrontationally and attempt to reach an agreement on a short-term modification to the payment amount that allows them to contribute within their current means. You can then submit this agreement to the court for approval so that it becomes legally binding. This option may not result in you receiving the full amount you are accustomed to, but some support is often better than none at all.

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DuPage County family law attorneysIn an Illinois divorce, spousal support may be ordered when one party has a financial need or limited means of providing for oneself. However, these spousal maintenance payments usually are ordered for a fixed duration, after which the receiving party will be expected to support him or herself without the assistance of the former spouse.

Under normal circumstances, it may be possible for the receiving spouse to attain financial independence before support payments end, but the economic stresses and health effects of the COVID-19 pandemic have made this much more difficult for many people, especially now that they have lasted for nearly a year. If your spousal maintenance order is set to terminate soon and you are concerned about your ability to support yourself, you may be able to petition for a modification that extends the duration of payments.

How Does Illinois Determine the Duration of Maintenance Payments?

Usually, if the court decides that spousal maintenance is necessary, it will order payments for a duration based on a calculation involving the length of the marriage. After a marriage of less than five years, maintenance will likely be ordered for less than one year, and usually only in the case of a marriage of 20 years or more will the court order spousal support for the full length of the marriage or an indefinite time period. However, the court will sometimes vary from these calculations if there is good reason. If you are in the process of a divorce and you are struggling financially, your attorney may be able to help you make the case for larger payments or a longer duration.

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DuPage County family law attorneysA prenuptial agreement can help both you and your spouse enter your marriage with peace of mind regarding your finances, and if your marriage later ends in divorce, a prenup can make the process much easier by laying out the terms for property division and spousal maintenance. However, in order for the agreement to take effect and be upheld by the court at the time of your divorce, it must be legally valid. There are a few things that you can do when creating your prenup to make sure that this is the case.

Establishing a Legally Valid Prenup in Illinois

As you prepare to draft your prenuptial agreement, consider these suggestions to ensure the agreement is enforceable:

  • Make sure the agreement is written and signed. A valid prenup must exist as a written document. Verbal prenups are not legally binding, nor are written prenups that have not been willingly signed by both partners.
  • Be open and honest with your partner. Concealing or lying about your assets and debts when creating a prenup results in an agreement in which your partner does not have the information necessary to make a decision. If evidence comes to light that you were dishonest with your partner about your property and financial situation, your prenuptial agreement will likely be considered invalid.
  • Aim for an agreement that is fair. Each individual or couple has different priorities when creating a prenup, and what is acceptable to you and your partner may be different from what is acceptable to another couple. However, it is important to ensure that the terms of your agreement would not cause undue hardship to either party in the event of a divorce. If the court determines that an agreement is not equitable, it may decide to award spousal support in a way that differs from what the agreement stipulates.
  • Avoid addressing child-related issues. Illinois law states that a prenuptial agreement cannot negatively impact a child’s right to support, so it is important to ensure that any of your minor children will have access to child support no matter the terms of your agreement. A prenuptial agreement also cannot address parenting time or parental responsibilities, so those matters will need to be addressed separately during the divorce process.
  • Consider updating your agreement over time. An agreement created before your marriage may lose relevance over time as your financial situation changes. If you or your spouse believes that the original agreement is no longer fair or suitable, you have the option to amend it to better reflect your current needs as long as both of you agree to the changes.

Contact a DuPage County Prenuptial Agreement Lawyer

Another way to ensure that your prenup is legally valid is to create it with the assistance of a qualified Wheaton family law attorney. At the Davi Law Group, we will work with you and your partner to help you reach an enforceable agreement that meets your unique needs. Contact us today for a free consultation at 630-504-0176.

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Wheaton spousal support modification attorneyAlimony and other terms for the same concept, including spousal support and spousal maintenance, may commonly come to mind when you think about divorce, but the reality is that these payments are becoming less and less common. In Illinois, spousal support is usually only ordered when there is a significant imbalance between the two party’s incomes and assets and one of the parties needs it to remain financially stable and maintain their accustomed standard of living.

Even then, maintenance generally does not last forever but is instead ordered for a specific duration based on the length of the marriage, with the idea often being that the receiving spouse will use that time to attempt to become financially independent. Additionally, as the paying spouse, you may be able to petition for the modification or early termination of spousal support payments under certain circumstances.

Grounds for Updating a Spousal Support Order

In order to reduce or eliminate your spousal support payment obligation, you will usually need to demonstrate to the court that one of the following has occurred:

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Wheaton parental relocation attorneysIf you and your former spouse share children who are still under the age of 18, moving to a new location after the divorce can be a complicated issue. While a parent may have legitimate personal reasons for the move, it is also often necessary from a legal perspective to consider whether the move is in the children’s best interests, as well as how it may affect the children’s relationship with their other parent. If you believe that your ex’s relocation will be detrimental to your family, you may have options to contest it in court.

What is Considered a Parental Relocation in Illinois?

One thing to note is that a move to a new location within a short distance is not considered a relocation under Illinois law. While parenting plans will usually stipulate that a parent who moves will need to notify the other parent of the change in address, these moves are less likely to lead to legal complications, and there are fewer options to contest them.

However, some moves do qualify as a relocation, and they require approval through a defined legal process. All of the following meet the legal definition of a relocation in Illinois:

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Posted on in Divorce

DuPage County family law attorneysIn Illinois, divorcing couples have a few options when it comes to how they reach a resolution on issues including property division, parenting time and responsibilities, and child and spousal support. Perhaps the first option that comes to mind is a court trial in which each party is represented by an attorney, but this is not actually the most common method for resolving a divorce. In fact, the large majority of couples are able to settle their divorce out of court. In many cases, it is a good idea to consider whether an uncontested divorce would work for you before exploring other alternatives.

What is an Uncontested Divorce?

In an uncontested divorce, the two spouses agree not only on the decision to get a divorce, but also on all important matters that must be resolved for the divorce to be finalized. However, it is rare for a couple to reach this agreement without going through significant discussions and negotiations to figure out the details. Both parties can also choose to hire an attorney to advise them and help them protect their interests, but the right attorney can do so without escalating conflict in a way that may lead to litigation. After creating a written agreement, the couple can submit it to the court for approval so that the marriage is legally dissolved and the agreement becomes legally binding.

Is an Uncontested Divorce a Good Decision?

An uncontested divorce can be a good decision for many reasons. For one, it can help you and your spouse keep conflict to a minimum and avoid the public spectacle of a trial. You also have far greater control over the outcome in an uncontested divorce, as you and your spouse are able to agree on your own decisions rather than leaving them in the court’s hands. In many cases, an uncontested divorce can be resolved more quickly and with fewer expenses than a divorce trial.

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Wheaton adoption lawyersAdopting a child is one of the most generous things that a person can do, as it often provides a child in need with a stable home and a loving family. However, the adoption process is not always easy, especially if one or both of the biological parents still have parental rights. This is often the case in a step-parent adoption or related adoption when the potential adopter or adopters are seeking to give the child a better life than the current legal parents are able or willing to provide. In these cases, it is necessary to terminate the current parents’ rights, either voluntarily or by court order, for the adoption to be able to proceed.

Voluntary Termination of Parental Rights in Illinois

Terminating parental rights is typically much easier if the biological parents are willing to consent to the adoption. This may be the case if a parent is uninterested in being part of the child’s life, or if he or she recognizes that the adoption would be in the child’s best interest. A person who cedes parental rights loses standing to pursue parenting time or decision-making authority regarding the child, and also is no longer obligated to provide financial support for the child. There may sometimes be a challenge in locating an absent parent to obtain consent, but if this is the case, there may be other options for terminating parental rights.

Proving That a Parent is Unfit

If a parent does not willingly consent to the adoption, the potential adopters will likely need to petition the court for the termination of the biological parent’s rights and demonstrate that the parent is unfit. There are a number of reasons that a parent can be declared unfit according to Illinois law, including:

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DuPage County divorce attorneysDivorce is difficult at any age, but couples divorcing after the age of 50 often face unique complications due to the way their lives have become intertwined over the course of a long marriage. Despite these complications, so-called “gray divorces” are becoming increasingly common. If you decide to get a divorce in middle-age or your later years, you should be prepared to address some of the common issues that these divorces often raise.

Important Considerations in Your Divorce After Age 50 

While the basic elements of a divorce are essentially the same no matter the couple’s age, they often affect a couple over the age of 50 differently from how they would affect a younger couple. Some important issues that you may need to deal with in your gray divorce include:

  • Dividing marital property - If you are divorcing later in life, you and your spouse may have significant marital assets that you will need to divide equitably. Your marital home may be one of the most contentious properties, especially if you have lived there together for much of your lives. Retirement accounts are also an important issue for older couples, as dividing the assets within them can have major implications for your retirement plans.
  • Spousal support - Spousal maintenance is not guaranteed in an Illinois divorce, but it may be justified in a gray divorce if one spouse has relied on the other for financial support throughout much of the marriage. If spousal support is awarded, the duration is usually determined based on the length of the marriage, so you may be paying or receiving maintenance for 20 years or more if your marriage lasted at least that long.
  • Benefits - You may have relied on your spouse for certain benefits like health insurance and Social Security. In some cases, these spousal benefits can continue for a time after the divorce, but you may need to start considering alternatives.
  • Revisions to your estate plan - A spouse is often listed as the primary beneficiary of a life insurance policy, and may also be named in a will or as the beneficiary of a trust. After getting a divorce, you may wish to revisit your estate plan to prioritize your children as beneficiaries instead.
  • Issues with adult children - Though adult children may not directly affect the terms of your divorce agreement, they are often personally affected by their parents’ divorce, especially if they feel pressure to take sides. It is important after a gray divorce to focus on maintaining your relationship with your children and helping your family through this difficult transition.

Contact a Wheaton, IL Divorce Attorney

As you prepare for your gray divorce, you need a lawyer who understands the challenges you are likely to face. At Davi Law Group, we will help you protect your financial and personal interests so that you can adjust to your post-divorce life with as little stress as possible. For a free consultation with an experienced DuPage County divorce lawyer, contact us at 630-504-0176.

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DuPage County divorce lawyersRaising children is a challenge under any circumstances, and divorce only introduces further complications. Your children will likely look to you for greater emotional support during this difficult time, and even if you and your former spouse are committed to working together, you are likely to face challenges in coordination. If you and your ex are prone to conflict, co-parenting effectively may seem next to impossible. However, it is possible to establish a productive co-parenting strategy that can reduce stress and lead to a better life for you and your family.

Suggestions for Co-Parenting Successfully

Every co-parenting relationship is different, and some are more conflict-ridden than others, but the following suggestions can help you be a better co-parent under almost any circumstances:

  • Follow your parenting plan. During the divorce process, the court will seek to ensure that your parenting plan, including the allocation of parental responsibilities and parenting time, is created in your children’s best interests. This means that in the months and years after your divorce, following your parenting plan is not only a show of respect to the other parent, but also a way to support your children. Your children will benefit from a consistent routine, which includes a clear schedule of time with each parent as well as a clear plan for transportation between homes and other important events.
  • Find the best way to communicate. Co-parenting effectively with your former spouse means that you will need to communicate on some level. However, the best way to do so depends in large part on your relationship. You and your ex may get along very well, in which case face-to-face or phone communication may be a great option for collaboration in the raising of your children. However, if you struggle to stay out of arguments with your ex, you may instead choose to communicate in writing, which has less of an emotional component.
  • Recognize what you can and cannot control. Despite your best efforts, you will likely find that you cannot fully control your former spouse’s parenting style. If he or she does something differently from how you would have done it, try to let it go as long as it does not harm your children. Instead, focus on controlling your own actions and being the best parent you can be during the time that you have with your children.
  • Keep your kids out of the conflict. One of the worst things you can do as a parent is to pull your children into your conflict with your former spouse. Avoid talking negatively to your kids about their other parent, asking them to convey angry or passive aggressive messages, and other similar behaviors. These actions can seriously damage your children’s relationships with both parents and affect the way that they handle conflict themselves.

Contact a DuPage County Family Law Attorney

If you are looking for advice and assistance with your post-divorce co-parenting, the attorneys at the Davi Law Group can help you put a strong legal foundation in place in the form of a parenting plan that protects your children’s interests. We can also help you with modifications to your parenting plan if you find that there is a need for a change. Contact a Wheaton divorce lawyer today at 630-504-0176 for a free initial consultation.

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DuPage County divorce attorneysUnlike some other states, Illinois does not require divorcing couples to divide marital property in half between them. However, it does require them to divide assets equitably to prevent either party from facing excessive hardship, and in order to do so, it is important to know how much the marital property is worth. Valuing property can be one of the most complicated parts of the divorce process, but with the help of an experienced attorney and financial professionals, you can better ensure an outcome that protects your interests.

The Process of Valuing Marital Property

Before beginning the process of valuing marital assets, it is important to determine which properties are considered to belong to the marital estate, and which are considered individual, non-marital property. In general, non-marital property is that which was acquired by either spouse before the marriage, whereas marital property is that which was acquired by either spouse during the marriage, except through an inheritance, gift, or a few other exceptions. In some cases, however, non-marital property may have been combined or commingled with marital property in a way that makes it difficult to isolate during a divorce. It is usually a good idea to work with a personal accountant or another financial professional to help you distinguish marital and non-marital property.

Once you have a better idea of which properties are considered marital, it is then important to determine how much each of them is worth. Some assets, like bank accounts, retirement accounts, and stock investments, have a relatively straightforward value, but it is important to establish a date at which the value is determined for division purposes, since it may fluctuate over time. You may be able to agree upon a date with your spouse, or the court may make the decision.

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Wheaton family law attorneysIn an Illinois divorce, couples must divide all marital property equitably according to their personal situation. In order for a fair distribution to occur, it is important to ensure that neither spouse intentionally harms or selfishly uses property belonging to the marital estate in the time leading up to the divorce. If you believe that your spouse has been dissipating marital assets, it is important to work with an attorney to gather evidence and present your case to the court to make the situation right.

What is Considered Dissipation of Assets?

In order for a spouse’s spending or use of property to be considered dissipation of marital assets, Illinois law states that it must take place after the marriage has started to break down irretrievably. The behavior must also involve marital property, generally meaning assets acquired during the marriage that are considered to belong to both spouses. A spouse using his or her own non-marital assets during this time will likely not affect the divorce resolution.

The assets in question must also have been spent in a way that harms the marital estate or benefits only the spouse who does the spending. Possible examples include making an extravagant purchase or going on a solo trip, gambling excessively, destroying marital property, or spending money on an affair outside of the marriage.

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Wheaton domestic violence attorneysIn Illinois, many couples choose to get a divorce simply due to irreconcilable differences that prevent them from resolving the issues in their marriage. However, in some cases, a more serious problem is at the root of the decision to divorce. Domestic violence, including intimate partner abuse and child abuse, affects millions of American families, and many experts report that incidents of domestic abuse have increased during stay-at-home orders resulting from the COVID-19 pandemic. If you have decided that a divorce is the best option to protect yourself and your children from an abusive spouse, you should be aware of how the abuse may affect the process.

Divorce Litigation is Likely Necessary

Though an amicable divorce can often be resolved between the two parties with minimal involvement of the court, a divorce involving domestic violence is much more likely to go to trial. Attempting to negotiate with an abusive spouse is unlikely to be successful, and it may put you at risk of additional abuse or manipulation. Instead, you should work with an attorney who can help you prepare for your case and protect your interests, including by documenting your financial assets and evidence of your spouse’s abuse.

You may also wish to initiate legal action outside of the divorce process itself. For example, an order of protection may be necessary to prevent contact or communication with your partner that could lead to further harm. Some orders of protection also protect your personal property and may allow you to retain sole access to your home temporarily. You may also wish to pursue other civil actions against your spouse for damages you have suffered as a result of the abuse.

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Wheaton divorce attorneysIf you are getting a divorce, especially in your later years, one of your biggest concerns is likely how it will affect your financial situation. Specifically, you may wonder what will happen to your retirement savings and whether you will still be able to retire as planned. In order to prepare for the impact of your divorce on your retirement, it is important to understand both Illinois property division law and the tax implications of different retirement accounts.

How Are Assets Divided in an Illinois Divorce?

Under Illinois law, all marital property is to be divided equitably between spouses as part of a divorce resolution. This does not mean that the division has to be exactly equal, but it should be fair to both parties and prevent either from facing undue hardship. In some cases, the details of the division of property are left to the court’s decision, but divorcing couples also have the opportunity to reach an agreement of their own and submit it to the court for approval. 

With this in mind, the answers to two questions can help you determine whether your retirement assets will be divided:

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Wheaton divorce attorneysEffectively managing conflict is an important skill in many areas of your life, but it is especially important throughout the divorce process. You may find that emotions are running high between you and your spouse, and chances are that the two of you will not agree on every aspect of your divorce resolution, even if you are attempting to divorce amicably. With these things in mind, you should aim for an approach that helps you resolve conflicts, or at least keep them under control.

Effective Conflict Resolution Strategies

When you and your spouse seem to be at an impasse, here are some suggestions to handle the conflict and keep your divorce negotiations on track.

  • Remain calm and rational. It is understandable that you would feel strong emotions during the divorce process, but try to keep those emotions below the surface when negotiating with your spouse. Instead, express your perspective clearly and with a focus on the facts of the situation at hand.
  • Balance assertiveness and empathy. In order to arrive at a resolution that protects your interests, it is important to make your needs known to your spouse. However, it can be just as important to listen to your spouse’s needs, and make an effort to understand his or her perspective, so that you can move forward cooperatively.
  • Find ways to compromise. Ideally, you and your spouse would both end the divorce process with everything that you want, but this is rarely possible. A more realistic goal is to focus on achieving your top priorities, and be open to giving ground on matters that are not as important to you.
  • Seek assistance. An attorney is important to advise and represent you throughout negotiations, and you may also decide to hire a neutral mediator that can guide discussions between you and your spouse in a way that minimizes conflict.
  • Know your limits. Sometimes, despite your best efforts, a cooperative approach to divorce is not possible. If you are making no headway in negotiations, you may have to make the decision to take your high-conflict divorce to trial, where your attorney can aggressively represent your interests.

Contact a DuPage County Divorce Attorney

At Davi Law Group, we can advise you on an approach to your divorce that keeps conflict to a minimum, and help you determine when it is necessary to take a more aggressive approach. In any case, we will do everything in our power to help you achieve an outcome that meets your needs. Contact an experienced Wheaton divorce lawyer today at 630-504-0176 for a free initial consultation.

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Wheaton adoption attorneysMany children benefit from the love and support of relatives outside of their immediate family, and this can be especially important for children whose parents are no longer living or are unable to care for them. In these cases, a relative will often step up to formally adopt the child, solidifying a legal relationship in addition to the personal relationship. If you are considering a related adoption, a family law attorney can help you with the process.

Who Can Adopt a Related Child?

In Illinois, a person is eligible to be an adoptive parent in a related adoption if they are related to the child in one of the following ways, either by blood, marriage, or adoption:

  • Parent or step-parent
  • Grandparent, step-grandparent, or great-grandparent
  • Sibling or step-sibling
  • Aunt, uncle, great-aunt, or great-uncle
  • First or second cousin

Unlike some other types of adoption in Illinois, the adoptive parents in a related adoption do not need to have lived in Illinois for at least six months. Usually, a married person must adopt a child with his or her spouse. Adoptive parents are also usually required to be legal adults, but the court may allow a minor to adopt if there is good cause, which may be the case when a child is adopted by his or her sibling.

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