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Recent Blog Posts

Addressing the Most Common Parenting Plan Question and Concerns

 Posted on May 15, 2020 in Family Law

Illinois parenting plan attorneysWhen parents divorce, they must prioritize what is best for their children. More often than not, this means that each parent should stay emotionally and physically involved in their child’s day-to-day life. How do you do that while living in separate households? In most cases, the details are outlined in a document known as a parenting plan.

What is a Parenting Plan?

Parenting plans are legal court documents that are used to outline each parent’s roles and responsibilities as it pertains to meeting the needs of their child.

What is Included in a Parenting Plan?

Parenting plans cover more than just parenting time allotment. Designed to address all the needs of a child during the divorce, parenting plans cover a host of child-related issues, including:

  • The child’s living situation (the amount of time they will spend at each parent’s home);

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3 Important Mistakes to Avoid in Your Prenuptial Agreement

 Posted on May 08, 2020 in Prenuptial and Postnuptial Agreements

Wheaton family law attorneysWhether your wedding plans have been delayed by the virus or your big date is quickly approaching, now is the time to lay down financial plans and boundaries. One way to accomplish this is through a prenuptial agreement. Not just for the rich, this legal document can protect you in the event of a divorce, and encourage an open conversation about money management before you tie the knot. Still, there are some important mistakes to avoid when drafting your prenup.

1. Being Afraid to Bring It Up

When it comes to romantic gestures, discussions about prenuptial agreements are likely the last thing to come to mind. You may even view such discussions as a threat to your impending marriage. Rest assured that a prenuptial agreement is unlikely to be the reason a would-be marriage ends. Instead, it is far more plausible to assume that the parties reached an impasse and realized they were financially incompatible. While such a discovery could be painful, it may also save you from years of heartache and a financially devastating divorce.

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Five Steps to Filing for an Order of Protection in Your Illinois Divorce

 Posted on May 04, 2020 in Domestic Violence

Wheaton orders of protection lawyersThe coronavirus shutdown may have been a reprieve for the overworked and disconnected. Still, for the victims of domestic violence, the entire experience may have more closely resembled an inescapable nightmare.

Trapped at home, nowhere go when arguments erupted. The potential loss of finances, elevating tensions within the home. The realization that you are no longer safe in your marriage.

If this was more along the lines of your experience during the quarantine period, it might be time for you to move forward with the divorce process. However, the next steps need to be cautionary and guided. Your safety—and perhaps even the safety of your children—are on the line.

Step One: Contact a Seasoned Divorce Lawyer

Before you take a single step, contact a divorce lawyer. They can assess your situation, offer seasoned advice, and assist you in developing a strategy to help keep you and your children safe. They can also assist you with taking preventative and precautionary measures, such as an order of protection, and help you determine when to file the documents.

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Dealing with Business Debt in Divorce

 Posted on April 30, 2020 in Divorce

Wheaton divorce attorneyIn an ideal world, divorcing parties would have all the financial aspects of their lives in order before they file. Of course, few things in life go as planned. Such is often the case when an indebted business is a part of the marital estate. Learn how a seasoned divorce lawyer can help you protect your financial interests, even if your business is currently in debt.

Understanding the Potential Challenges

Indebted businesses pose a number of challenges in divorce. First, if your spouse denies having any knowledge of your company’s debt, they could be excused from any financial consequences. As a result, you may be ordered to pay alimony or a larger settlement amount, which could compromise your ability to pay back the company’s debt.

Using marital assets to keep an indebted business afloat could also make it more difficult to untangle assets. Hiring a forensic accountant can help, but even still, you could face challenges when trying to determine the value of both the business and your marital estate.

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At Odds in Your Marriage While Under the Stay-at-Home Order? You Can Start the Divorce Process, Even During the COVID-19 Quarantine

 Posted on April 24, 2020 in Divorce

Wheaton divorce lawyersWith most of the country on lockdown, couples who are at odds in their marriage are feeling the pressure. Add in potential job losses, the possibility that parties have had to move back in together to save money, and the minimal court operations and you have the perfect formula for an all-out marital explosion. Thankfully, parties do not have to wait to proceed with the divorce process. In fact, it is recommended that you not wait and, instead, start moving forward.

Divorce Takes Time

Divorcing parties often underestimate just how much time it takes to complete the divorce process. At a minimum, most go through at least 60 days of preparation and paperwork before seeing a judge. Complex cases and high conflict situations can take much longer to resolve.

While no one can say for certain how long the stay-at-home orders will last, parties do not have to delay the process. Instead, start the process now and you can expedite the court process and complete your case sooner once the orders have been lifted.

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Litigation versus Mediation - Choosing Your Divorce Path

 Posted on April 20, 2020 in Divorce

Illinois divorce lawyersIf you are considering divorce, odds are that you have already started exploring your options. Two of the most commonly pursued paths are litigation and mediation. Gain a better understanding of the differences between these two divorce methods, and discover what our seasoned divorce attorneys can do to improve the outcome in your case.

Mediation vs. Litigation - Same Issues, Different Process

No matter which path you choose for divorce, you will likely face and deal with the same core issues: allocation of parental responsibilities, parenting time, child support, alimony, and the division of assets. How these matters are resolved - the approach and process - are greatly varied, depending on the path you choose, however.

Major Differences Between Litigation and Mediation

In litigation, parties are placed at opposite ends, like warring sides. Each presents their case and evidence. The judge then makes a ruling, which is final (unless appealed). In contrast, Mediation encourages couples to work through their issues with an eye toward compromise and mutual respect. Upon further inspection, these core differences dramatically alter the divorce process.

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7 Common Mistakes to Avoid in Your Illinois Divorce

 Posted on April 13, 2020 in Divorce

Wheaton divorce attorneysWhile every divorce is unique and specific to the parties and their situation, there are some common threads. Likewise, there are some commonly made mistakes in divorce. Fall victim to any one of them and you could jeopardize your settlement, your time or rights to your children, and even your financial well-being. Educate yourself on what these mistakes are, and discover how our seasoned Wheaton divorce lawyers can help you avoid them.

1. Failure to Gain Access to or Provide All Financial Information

Like it or not, divorce is mostly a financial transaction. It requires you to provide any and all financial information to your attorney or the courts so that the marital estate can be accurately valued and divided. Unfortunately, if you miss something, it can have a negative impact on your case. You could short-sell yourself in the settlement, or you could be accused of trying to hide assets from your spouse. In either case, this mistake should be carefully avoided.

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Business and Divorce - Understanding the Business Valuation Process

 Posted on April 06, 2020 in Property Division

Illinois divorce attorneysIn a divorce, marital assets are valued and equitably divided between the parties. Businesses, owned jointly or independently, may also be considered a part of the marital estate. The determination of its value is called the business valuation process. Learn more about this process, and how it could impact the outcome of your Illinois divorce.

What is Business Valuation?

Business valuations are used to determine the overall health and net worth of a company. Each facet of the company is objectively and independently evaluated, including the company’s assets, expenses, revenue, cash flow, debt levels, and projected future earnings.

Business Valuation Methods

The process for determining a company’s value will vary, depending on the industry, business type, and customer base. One of four methods may be used.

  1. Market Capitalization - The most common form of business valuation. Applies to publicly traded companies on stock exchanges. Fairly straightforward, as most of these companies must report their financial statements to the government on a quarterly basis. Reached by multiplying the total number of outstanding shares against the company’s current prices.

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8 Factors to Consider in Your Illinois Parenting Plan

 Posted on April 01, 2020 in Visitation

Wheaton parenting time attorneysMatters pertaining to children tend to be some of the most sensitive issues in divorce - and rightfully so. The child’s mental and emotional state, academic performance, and future potential are all at risk. Thankfully, studies show that ample time and continued support from each parent can improve the outcome for children of divorce.

Not sure how to determine how much time each of you should have? Afraid you may be selling yourself (or your child) short? Check out these eight factors and consider them when drafting your Illinois parenting plan for some guidance. Also, learn how a seasoned family law attorney can protect the best interests of both you and your child.

1. Age and Temperament of the Child

While studies suggest that children of all ages can handle overnight stays away from home, infants and toddlers may struggle to adjust in the beginning. Younger, school-aged children may need a consistent and reliable schedule that minimizes stress and allows them to focus on their studies. Older children may have their own preferences regarding where they will live day-to-day, which should also be considered. However, they may not need the same regularity in their schedules as younger kids, so parents may be able to do more frequent exchanges.

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5 Coping Strategies to Use in Your Illinois Divorce

 Posted on March 30, 2020 in Divorce

Wheaton divorce lawyersDivorce is chalked full of complex emotions. Unchecked, those feelings can send you into a downward spiral, causing you to lash out at your spouse or even your own children. Thankfully, there are some strategies that can use to help you process your feelings in a healthier way.

1. Approach the Process Slowly

While you may want to end things as quickly as possible, the divorce process should be considered a sprint, rather than a marathon. Give yourself time to prepare and gather your documents before you officially file. Talk to a lawyer about your options and consider your strategy carefully. Not only will these steps help reduce your stress levels, but it can also improve the final outcome in your case.

2. Focus on the Concrete

Emotions can fluctuate from one moment to the next, which can make it difficult for one to stay grounded. Rather than attempt to tackle all of your feelings at once, take a step back and give yourself permission to set them aside for a while. Focus instead on the concrete aspects of your case - the legalities, dividing up property, and creating a parenting plan for your children.

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