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Tag Archives: DuPage County family lawyer

DuPage County family lawyer, divorce cases, attorney feesA recent Illinois Supreme Court opinion shed light on how attorney’s fees are handled in divorce cases, ending a battle that had both spouses in and out of court for 10 years. According to the Chicago Sun Times, the ruling means that a wealthy bankruptcy lawyer must pay his ex-wife $160,000 in attorney’s fees plus $27,500 in monthly spousal support.

In the original 2016 divorce settlement, the court ordered the man to pay a staggering $35,000 per month in alimony; he appealed that amount over the next few years. As the case dragged on, the ex-wife poured thousands of dollars into legal representation to protect her interests. The matter stands for the proposition that the parties’ respective finances are one factor involved with determining who pays attorney’s costs in an Illinois divorce case.

Petition for Attorney’s Fees

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DuPage County family lawyer, jurisdiction of Illinois courts, unborn childrenIllinois law allows parents to seek a determination on parental responsibility before the child is born, whether or not the individuals are married. If the issue of parental responsibility arises out of a divorce case, the court would first apply the legal presumption that the child is a product of the marriage. Where the issue is presented in the case of unmarried parents, a court must first determine parentage.

Either situation introduces interesting questions about jurisdiction over an unborn child under state law, as courts must have the authority to hear the case before making any determination on parental responsibility in Illinois.

General Jurisdiction Rules

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DuPage County family lawyer, cohabitation agreementMany couples decide to live together without getting married—one partner may have already divorced and does not want to remarry. When couples decide to cohabitate, there are several legal and financial decisions that the couple needs to decide.

Illinois marriage law gives spouses certain rights, and if a cohabiting couple wants similar rights, they must establish these rights through a cohabitation agreement. A cohabitation agreement can help you and your partner decide what happens during your relationship and if it ends.

Why Would We Need a Cohabitation Agreement?

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One of the most hotly contested aspects of divorce proceedings is alimony, also known as spousal support. The process of coming to an agreement on how much, if anything, one spouse must pay the other spouse following divorce forces spouses to examine their respective contributions to the marriage.

With two-earner households as the norm, the process of teasing out how much each spouse contributed, both financially and through their responsibilities in the home, can be intensely complicated. Throw in sacrifices made by one spouse to support the wellbeing of the whole family, such as working two jobs to put the other spouse through school or training, and the balance required by alimony becomes even harder to strike.

Alimony is a device used under Illinois law to ensure that when spouses part ways, they are on relatively equal ground financially. Because marriage is a joint venture, in which couples share the burden of financial hardship and the benefit of economic success, the end of a marriage is viewed by judges as an opportunity to ensure that fairness is achieved through the process.

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visitation rights, DuPage County family lawyerUnder Illinois’ visitation law, if you have a child, but do not have custody, you may consider obtaining visitation rights. Visitation rights are not limited to parents, but can also be extended to grandparents or siblings.

If you were married to the parent who currently has custody, you will automatically be entitled to visitation rights. However, if you were not legally married, you would have to show that visitation with you would be in the best interests of your child.

A judge will consider several different factors when determining the best interests of your child. These factors can include your wishes, the wishes of the custodial parent, your child’s wishes, your child’s relationship with both parents, the financial and physical health of all parties, and the potential for abuse or violence. An experienced local family lawyer can help you prepare for your day in court seeking visitation rights.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone630-580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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