Free Initial Consultations
630-580-6373
Recent Blog Posts
How Does Supervised Visitation Work in Illinois?
Supervised visitation is a step short of cutting off a person’s parental rights entirely. It is used when having some contact with the noncustodial parent is still in the child’s best interest, but leaving the child alone with that parent would put the child in some type of danger. In supervised visitation, the noncustodial parent still gets some parenting time, however, they will be supervised by a trusted third party at all times when their child is present. This solution is not used very frequently, but it is an option in some cases. If you believe that your child’s other parent cannot safely be left alone with your child, your lawyer may recommend asking the court to allow only supervised visitation.
When is Supervised Visitation Used?
Under Illinois law, supervised visitation can be ordered when unsupervised “visitation would seriously endanger the child’s physical, mental, moral, or emotional health.” The parent asking for supervised visitation must prove that the other parent would endanger the child in some way. It may be used if one parent is engaged in criminal activity, is abusive towards the child or other parent in any way, or has a serious mental illness or substance abuse problem. It can also be ordered if the other parent is in a romantic relationship with an individual who poses a risk of harm to the child.
How Does Valuation of Marital Assets Work in DuPage County?
In order to make sure that marital assets are divided fairly, it is important to know what each major asset is worth. Without knowing exactly what each asset is worth, there is a risk that the court will inadvertently leave one party in a much better position than the other. The process of valuing marital assets can be tricky. Some assets, like stock portfolios and investments, tend to fluctuate in value, sometimes rapidly. Other assets can be hard to arrive at an agreed-upon value to. In many cases, professional appraisals are necessary. If you are going through a divorce where valuation may be necessary, it is important that you work with an attorney who has experience with the appraisal and valuation process.
What Marital Assets May Need Valuation?
Which specific assets need to be appraised or otherwise valued really depends on what types of property you own. Spouses who were only married for a short time and have not acquired much in the way of joint property–especially if they are renting and do not own a home–may be able to bypass this process. However, those who have been married for a long time and have a good amount of assets together are much more likely to need to bring in a third-party professional.
What You Need to Know About Spousal Maintenance in Illinois
No one should be afraid to leave their marriage because they do not know how they will support themselves without their spouse. This fear of financial instability has kept quite a few people trapped in marriages that are no longer working. Spouses who have given up a career or educational opportunities in order to stay home and devote themselves to raising children or maintaining a household may have a difficult time getting back into the workforce. Alimony–now called spousal maintenance–was created to mitigate this problem. Spousal maintenance is not available for every married person who gets divorced, so it is important to consult a lawyer to find out whether you may qualify before making any moves.
What do People Who are Considering Divorce Need to Know About Alimony?
When you are planning to leave your marriage, it is important to have a plan in place to protect your financial stability. This is of particular importance for those who did not work for pay during the marriage. Some critical information about spousal maintenance in Illinois you may need to be aware of includes:
When Will a DuPage County Court Give One Parent Sole Custody?
In the vast majority of cases, judges in Illinois will award both a child’s parents some parenting time. One parent may make their home the child’s primary residence, but the other is very likely to enjoy part-time custody. The reasoning is that it is usually in a child’s best interest to receive love, guidance, and emotional support from two parents instead of one. However, there are cases where spending time with one particular parent would actually be harmful to the child. In these rare cases, Illinois courts will award parenting time and decision-making rights (parental responsibility) to one parent alone.
If you believe that your child would be mentally or physically unsafe with their other parent, it is important to work closely with an experienced attorney. It can be difficult to convince a court that sole custody is appropriate.
In What Situation Would the Court Award Sole Custody?
It is not uncommon for one parent to demand sole custody primarily to spite the other parent during a contentious divorce or split. This strategy is rarely effective - the court will want proof that spending time with the other parent would not be in the child’s interest. Courts will consider awarding sole custody only in situations like:
What do DuPage County Judges Consider in Deciding Child Custody Issues?
Child custody proceedings can be nerve-wracking for parents. You may be worried about who will be given primary custody and how much time you will be able to spend with your children. In most cases - although certainly not all - both parents will be awarded some parenting time. A child’s upbringing is critically important. Courts do not take these decisions lightly. There are a number of factors that must be considered before judges will decide on the child’s living arrangements. If you are anticipating child custody proceedings, you will want to be represented by a qualified family law attorney.
What Factors Does the Court Consider When Making Custody Decisions?
There is a list of factors that a judge will take into consideration before deciding who children will live with and what type of visitation schedule is appropriate. None of these factors alone is the deciding factor. Rather, the factors are considered together as a whole. These factors include:
4 Benefits of Avoiding Divorce Litigation in DuPage County
There are quite a few alternatives to divorce litigation available these days. You and your soon-to-be ex-spouse can choose options like collaborative divorce or mediation. Divorce litigation is typically a last resort option when either alternative solutions have failed or your spouse absolutely will not cooperate. Reaching an agreement rather than taking your divorce case to court offers quite a few benefits. Unfortunately, there are some cases where you have no choice but to litigate. If you are going through a divorce, an attorney can help you understand what your options are and choose the one that is right for you in your situation.
What Are the Benefits of Settling a Divorce Out of Court?
Most modern divorces are resolved without litigation. In the majority of divorce cases, your attorney is likely to steer you towards mediation, or attempt to negotiate with your spouse. Avoiding litigation offers advantages like:
What Divorced or Separated Illinois Parents Should Know About Moving With Children
Once you have separated from or divorced your children’s other parent, you would probably like to be free to live your own life. This may include relocating. However, if you have parenting time (physical custody) of your children even part-time, moving may not be as simple as you would like. A number of circumstances may mean that relocating is the right move for your family. Perhaps you were offered a better-paying job elsewhere, or you need to be geographically closer to extended relatives, such as your children’s grandparents. Maybe the area you used to live in with your co-parent simply holds too many bad memories. There are plenty of valid reasons for wanting to move with your children.
Before you start packing, you may want to speak with a child custody lawyer who can help make sure the court will be alright with your move. There may be legally required steps you need to take first.
What Does Dissipation of Marital Assets Mean?
Having a spouse who is “bad with money” can be tricky. It can even lead to divorce. Dissipation of marital assets is more than being bad with money. It refers to one spouse–unilaterally, without the other’s agreement0–spending a large amount of marital funds recklessly on things that do not benefit the marriage. This type of money-wasting behavior often leads to debt, problems with credit scores, or difficulty paying routine expenses. It can also prompt the more financially responsible spouse to file for divorce out of frustration and a need to protect themselves. Dissipation can become a major factor during the division of assets.
If you believe that your spouse’s reckless spending amounts to dissipation, it is important to work with a divorce attorney who may be able to help you recover some of the funds your spouse dissipated during the divorce.
Top 5 Reasons to Work With a Divorce Lawyer (Even if Your Divorce is Amicable)
There is a misconception surrounding divorce and divorce attorneys: many people assume that retaining a divorce lawyer is only needed if the split is especially hostile. In reality, working with a divorce lawyer can benefit you, your soon-to-be-ex, and your children even if the situation is amicable. Getting divorced involves many complex financial, legal, and practical concerns. Your attorney can help you address these concerns in a way that minimizes the negative impact of divorce on you and your wallet.
Benefits of Retaining an Attorney During Your Naperville Divorce Case
Television and movies have driven many popular misconceptions about divorce. One of these misconceptions is that working with a lawyer automatically means that your case will be unnecessarily litigious and antagonistic. This is not the case. Many divorce attorneys focus more on providing trustworthy guidance and practical assistance than stirring up conflict. If you are on the fence about hiring a divorce lawyer, consider the following benefits of working with an experienced divorce attorney:
Top 5 Questions About Paternity in DuPage County
Families come in all shapes and sizes. Some families include children from multiple parents, adopted children, half-siblings, and stepparents. The word “paternity” refers to the relationship between a father and his child. In the context of a family law case, paternity is the official declaration of fatherhood. Unfortunately, paternity issues can often become muddled by confusion, deceit, or misunderstanding. If you are a parent with questions about paternity in DuPage County, read on to learn more.
What is Paternity?
Paternity is the legal relationship between a father and a child. When a man and woman conceive a child together, the man is the child’s biological parent. However, additional steps may need to be taken to establish the father-child relationship in the eyes of the law.
When is Paternity Assumed?
In Illinois, paternity is sometimes assumed. This means no further action is needed to establish the legal relationship between the father and the child. Upon a child’s birth, the mother’s husband is presumed to be the child’s father. The father is also assumed if the couple were in a civil union or the child was born within 300 days of a couple’s separation or divorce.
2224 W. Ferry Road, Unit 113, | |
1776 S. Naperville Road, Building A, Suite 105, | |
321 N. Clark Street, Suite 900, | |
58 N. Chicago Street, Suite 102, | |
2407 West Lockport Street, Suite 201-H, |
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
