Family & Divorce

It is common to feel eager about jumping back into the dating scene following your divorce. How soon is too soon to start dating again? Ideally, you should reach a state of emotional acceptance about your divorce, which each person achieves at their own pace. However, it is a bad idea for anyone to start dating while their divorce is still ongoing. You are unlikely to have moved past your marriage when it is technically not over. Even if you think you are emotionally ready, dating during your divorce may hurt your ability to achieve your divorce goals: Your…
When many people think of divorce, they imagine a tense courtroom scene involving two bitter spouses intent on “winning” the divorce. Fortunately, there are many ways to end a marriage without the need for aggressive court battles. If you are planning to get divorced, you and your spouse may understandably struggle to see eye-to-eye about certain things. You may have different opinions about who should retain ownership of the family home, how bank account balances should be divided, who should have the majority of parenting time, or other issues. Collaborative divorce offers a way for divorcing couples to work…
2005 – Present In 2005 Peskind Law Firm moved to its present location at 2445 Dean Street in St. Charles, where it remains today. The firm continued to concentrate in complex family law litigation. At this time, two exceptional lawyers worked with Steven: Gregory Makismuk, now a partner at a prominent local family law firm, and Vazken Kazandjian, now practicing family law at a boutique family law firm in Beverly Hills, California.  Starting in 2005 Steven became active with the American Bar Association Family Law Section. He frequently wrote and spoke on family law matters throughout the country. In 2007…
Even when spouses have the best intentions to end their marriage peacefully, divorces have the potential to be filled with contention. Throughout the divorce process, a couple must make many life-altering decisions, including how assets are divided, the details of a parenting plan, and decisions regarding spousal support. In many cases, the decisions regarding children can be the most difficult. When determining the allocation of parenting responsibilities, it may be beneficial to seek the professional opinion of a psychological expert. If you are facing a custody case, your family law attorney can help you explore your options and provide…
During a divorce in the state of Illinois, property is divided on an equitable basis if it is left up to a court judge to make the decision. This means that each spouse will receive his or her fair share of the marital estate, but this does not necessarily mean that everything will be divided in half. You probably already know that things such as your checking and savings accounts, household possessions, and other tangible assets are all part of the marital estate and subject to the property division process. What you may not realize, however, is that other parts…
When considering divorce, people are often concerned about two main points: the disruption that they and their children will experience in their lives and how much the divorce will cost. While one cannot overlook or discount the emotional pain that comes with the end of a marriage, financial issues can also be an important components of a divorce case. The costs involved in a divorce can vary significantly depending on the situation and the couple involved. Many circumstances, such as difficulties with the division of assets, can increase the overall cost of a divorce. Contentious divorces typically cost more…
Marriages end for countless reasons. Sometimes, spouses get divorced because they both agree that the marriage is simply no longer working. In other cases, only one spouse wants to divorce, while the other spouse believes that the marriage is still salvageable. If you are ready to end your marriage, and your spouse does not want to get divorced, it is important to know that he or she cannot stop you from filing for divorce. However, when a spouse does not agree to the divorce, he or she may take actions that could delay and complicate the divorce. Fortunately, you…
There are two ways that you can petition to collect child support in Illinois. One way is to file the child support claim directly in court, often as part of a divorce case. The other way is to file with the Division of Child Support Services (DCSS) at the Illinois Department of Healthcare and Family Services. A parent who receives public assistance such as Temporary Assistance for Needy Families must use the DCSS to receive child support, but any parent can apply for state child support services. Should you petition for the DCSS to handle your child support case? While there…
Many divorce lawyers and family attorneys offer flat fee pricing for their services.  Most divorce lawyers in Chicago stick to the billable hour method to calculate their fees.  In this article, I will discuss the pros and the cons of using a flat fee billing method versus a billable hour method from both the attorney and the consumer’s perspective. The Billable Hour in Divorce Cases Throughout history divorce attorneys have been relying on the billable hour method.  This means, the attorney takes an initial retainer fee which the attorney puts into a trust account. Throughout the month, the attorney and…
In the collaborative process, parties are attempting to resolve their divorce or family law matter outside of court in an amicable manner. Parties enlist collaborative lawyers and professionals to assist them. In traditional negotiations, if parties are not making progress on settlement negotiations, one or both parties may threaten litigation if a settlement is not reached. Often, just the use of the word “litigation” or “court” can be designed to get the other party off an unreasonable position or back to the bargaining table. A question some have is whether this same tactic can be employed in the collaborative process
In a divorce, the marital home is often one of the most valuable marital assets that the parties have. Typically, the parties also have a mortgage on the marital home with a balance due and owing. To resolve a divorce with a martial home, there are typically three possibilities in terms of what happens with the marital home. Either the husband retains the home, the wife retains the home or the parties sell it. In the first two scenarios, the mortgage balance is still due and owing. If the marital home was bought during the marriage, the likelihood is…
To enhance your chances of a successful divorce, your relationship with your attorney must be collaborative. While there is no guarantee that a collaborative relationship will get you what you want, there is a near certainty that without it, you will be deprived of your fair share. Here are ten ways for you to be a better partner with your lawyer in your divorce case: 1. Keep your lawyer updated. If there are any developments in your life, such as a new job, a death in the family, or any other significant happenings, make sure to advise your lawyer as…
The decision to end a marriage can be emotionally, financially, and even physically devastating. A trusted therapist may help ease emotional stress, but what about the worries regarding finances? Regardless of whether your divorce is amicable or tumultuous, you will need to understand how to protect your rights to the marital estate. If you are facing a divorce and are unsure how to protect your financial interests, you should speak with a knowledgeable family law attorney to explore your potential next steps. In the meantime, here are answers to some of the most frequently asked questions about finances during divorce:…
Real estate considerations are often one of the most complex parts of property division during divorce. If you and your spouse own one or more rental properties together, you may be unsure of what will happen to this property after you are divorced. You have probably put a great deal of time, effort, and money into maintaining the property, and you may rely heavily on the income generated by tenants. As with any complex property issues during divorce, it is highly recommended that divorcing spouses who own rental properties receive legal guidance from an experienced attorney.   Options for Rental…
If you have started looking into creating an estate plan, you may have come across advertisements for do-it-yourself estate planning or will creation services. At first glance, these services often look very appealing. The advertisement may claim that creating an estate plan through the DIY program will save you time and money. It may even explicitly state that you do not need a lawyer to create an estate plan. Unfortunately, these advertisements lead many people to make estate planning mistakes that end up costing them (or their surviving loved ones) much more time, money, and frustration than they would…
Parental guilt is exceedingly common among parents who get divorced, as many moms and dads struggle to overcome the feelings of remorse as they worry whether the choices they have made are what is best their child. Unfortunately, parents who succumb to such guilt can contribute to the manifestation of behavioral issues in their child, perhaps to the point where the child feels the need to comfort the parent. As a result, children in this type of situation may suffer from maladjustment during their developmental years. Thankfully, with an understanding of why parental guilt should be put into perspective, you may be…