Posted on December 14, 2023 in Adoption

When any couple goes through a divorce, there are so many issues they need to figure out. When the couple also shares children, these issues are confounded. It is common to think about child-related issues in a divorce to revolve around matters like joint custody, where the child will sleep and when, who gets them for each holiday, who decides whether they can take karate, gymnastics or swimming, who they spend their summer vacation with, which parent gets to make medical-related decisions, and a ton of other questions that happen to be more relevant for discussions about young children.

The issue is that couples can get divorced at any stage in their life, and the timing of their divorce could impact issues that you might not have even considered. For example, if you are considering divorce and you have children who will soon be graduating high school, it could be helpful for you to speak with a knowledgeable DuPage County, IL, divorce lawyer. They can explain everything you need to think about to help you reach an agreement that will benefit your child and protect your rights.

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 Posted on December 11, 2023 in Prenuptial & Postnuptial Agreements

Many people have heard the term "prenuptial agreement" before, but not many know exactly what this agreement entails. The truth is, some legal knowledge is necessary for a prenuptial agreement to be understood. If you do not have a good understanding of the law, you might end up signing something that is not in your best interest. Maybe you were given a document to sign right before your wedding, and you did not think it would ever be relevant, so you signed it just to move ahead with your plans. Maybe your spouse's parents said they would not allow you to get married unless you signed it. Whatever the case, if you were forced to sign a prenuptial agreement that did not suit you, and now you are considering divorce and feel concerned about what might happen, an experienced Kane County, IL divorce lawyer can answer any question you may have and challenge the agreement in court.

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 Posted on December 07, 2023 in Divorce

The State of Illinois takes accusations of domestic violence very seriously. Anyone who issues a complaint can be granted an Order of Protection, or a restraining order, which will have legal authority to demand that the alleged abuser stays away from the alleged victim. If danger seems imminent, an almost automatic process can grant an Emergency Order of Protection.

While it is wonderful that these accusations are taken so seriously and can be dealt with so quickly, false accusations are sometimes made and the accused party can suffer unnecessarily. If you believe you have been wrongfully accused of domestic violence and you want to see your children, an experienced DuPage County, IL divorce lawyer can assist you by compassionately ensuring that your rights are protected.

How Should I Respond to an Emergency Order of Protection?

As soon as a domestic abuse claim is made, a court procedure is initiated to decide whether there are reasonable grounds for an Order of Protection. In some cases, the court will investigate the claims exhaustively but in other cases, testimony from an accuser is sufficient for an Emergency Order of Protection (EOP). When this is granted, the restraining order takes effect immediately. At that point, the accused spouse will receive a notice that includes important information like:

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 Posted on December 04, 2023 in Divorce

Divorce settlements lay out how any marital assets will be divided. Some assets are easier to divide and some are harder. One of the assets that can be complicated to divide is a business. If either or both spouses own a business, figuring out how it will be divided requires the consideration of many factors. If not done right, it could affect the future of the business. While there are several ways a business can ultimately be divided between ex-spouses, it is generally a great idea to do something called a business valuation. If you are considering divorce but are concerned about how it might affect the business you own, an experienced Kane County, IL, divorce attorney can advise you on how best to protect your interests.

How Can a Business Valuation Impact My Illinois Divorce?

Regardless of the size of a business and whether it is a family-owned business, medical practice, investment firm, house cleaning company, or any other type of business you can imagine, figuring out what will happen to your business after divorce can be a complicated challenge. In general, there are three ways to deal with business ownership in a divorce:

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 Posted on November 28, 2023 in Property Division

While a lot of people are aware of the most common topics that generally need to be divided up in a divorce - child custody; alimony/spousal support; division of property, assets, and debts - there are some divorce issues that people are less aware of. You might be surprised to know, for example, that what happens to a family pet in divorce is an entire topic of its own.

Some people might consider pets property since they are animals and not humans. But in many cases, families consider their pet a member of the family. This can make it harder to consider a pet an item that needs to be distributed. If you are considering divorce but find yourself worried it could mean the end of your relationship with your beloved pet, an experienced Kane County, IL divorce lawyer can help you navigate the process and advocate for your rights and interests.

How Do We Decide Who Gets Our Pet if We Both Love Her?

When a couple gets divorced, it can be extremely complicated trying to decide where their shared pet will live. For the courts to be able to decide this, both spouses will need to gather and present evidence that supports their claims. In this way, decisions about a pet are no different from decisions about any other aspect of divorce.

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 Posted on November 27, 2023 in Divorce

Credit card debt is a widespread issue across America and poses a particular challenge during divorce. If either spouse has student loans, a mortgage, personal loans, or credit card debt, what happens to it will be decided as part of the debt division to be settled in divorce proceedings. If you are considering divorce and are concerned about your spouse’s credit card debt, a knowledgeable divorce lawyer can offer insight into the process and help you protect your rights.

How Is Debt Distributed in Illinois?

Illinois is considered an "equitable distribution state" for the division of both assets and debts. This means that decisions about how assets and debts will be distributed in divorce will be guided by the goal of ensuring that neither spouse is unfairly financially disadvantaged. However, several other issues will be taken into consideration, including:

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 Posted on November 22, 2023 in Divorce

While the concept of divorce is something most people are familiar with, the actual steps taken to make a divorce happen are not generally common knowledge. If you have never been through divorce proceedings yourself, it would be unusual for you to know what needs to be done. If you find yourself considering divorce and you do not know where to begin, an experienced Kane County, IL, divorce lawyer can explain to you all the steps that need to be taken and what all the terms mean so that you can move forward with knowledge and confidence.

Filing for Divorce

When a couple, or either spouse, wishes to get divorced, the first thing that needs to happen is that someone needs to go to court to file for divorce. Whoever does this is referred to as the petitioner, and the other spouse is referred to as the respondent. The petitioner needs to go to a court where they live. If they do not live with their spouse, they can also choose to file for divorce in a court where their spouse lives.

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 Posted on November 20, 2023 in Child Custody

Most people might think they have a basic understanding of what is involved in a divorce, but the vast majority are not familiar with what the most common divorce-related child custody terms mean. In general, if you have never experienced something yourself, you will be less familiar with it. The same goes for divorce and child custody matters. If you have never had a reason to gain an understanding of all the important factors in a divorce settlement where children are involved, the chances are you might lack some understanding of what all the terms mean. If you are a parent considering divorce for the first time and are not sure what all the terms mean, a Kane County, IL child custody lawyer can answer all your questions and help you represent your best interests with the knowledge and confidence you need.

Knowledge Is Power

It is safe to assume that newly engaged couples setting out to get married are not typically thinking about how they would split their assets in the event of a hypothetical divorce. Even so, prenuptial agreements and even postnuptial agreements are a way for married couples to plan for something they hope will never happen. When you are young and healthy, you do not necessarily want to think about your eventual death. Nevertheless, many people draw up a will years before it would be relevant just to help make future planning that much easier. However, there is no parallel document regarding child custody. Not only would it be unusual for new parents of a newborn baby to try to think about how they would arrange child care in the event of a hypothetical divorce, but no document or agreement currently exists in US law for parents to plan how they would raise their shared children in such a case.

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 Posted on November 20, 2023 in Divorce

Many parents struggle to maintain their previous work schedule once they have children. It can be difficult just handling the basics of dropping them off at school on time and bringing them after school when you are expected to be at work around the time school starts and your workday lasts longer than the school day. A long commute can make it nearly impossible. When you consider that many children also have extra-curricular activities, medical appointments, or special needs, the logistics alone can be too much to handle for a working parent. This leads many families to decide that one parent should not work and instead be a stay-at-home parent. If you are a non-working parent and are concerned about financial issues after divorce, a DuPage County, IL divorce lawyer can work together with you on a plan to protect your rights.

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 Posted on November 15, 2023 in Divorce

Typically speaking, a divorce is not a simple process for anyone. Even if you and your spouse agree rationally on all the issues involved, there can be an emotional component. Once, you were committed to each other and now you are figuring out how to separate your lives. In addition to the emotional issues, there can be financial implications. In some divorce settlements, people can be responsible for covering any debt their ex incurred during their marriage. This can include education fees, investments they made, or payment plans that have not been completed. If you are considering divorce but are concerned about what will happen with your ex’s debt, an experienced Kane County divorce lawyer can answer your questions and explain any responsibilities you may have.

How Does the State of Illinois Rule on Distribution of Assets and Debts in Divorce?

There are two main methods used for distributing a couple’s marital assets and debts: equal and equitable. The method used in your divorce is determined by the state you are in. The state of Illinois follows an equitable distribution method. Rather than splitting the value of all assets down the middle and giving each spouse an equal share, an equitable division would dictate that several factors need to be taken into account:

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