Family & Divorce

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When a couple divorces in Illinois, one of the main issues that often arises is who is responsible for paying for their children’s college education. This can be a contentious issue, especially as college prices continue to soar at obnoxiously quick rates, leaving many families to wonder how they will ever pay such expenses. Several factors come into play as you determine who will pay for college tuition after a divorce. For more assistance on this matter, contact an experienced family law attorney.
What to Know About College Tuition Post-Divorce in Illinois
In Illinois, the obligation to pay for…
Continue Reading Who Pays for a Child’s College Tuition After a Divorce? 

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The divorce process involves several issues and critical decisions that can impact your life and finances long-term. One of the major decisions you must deal with includes the property and debts you own. Determining how such things can be divided fairly between you and your ex-spouse during divorce can be overwhelming. If you and your spouse cannot negotiate an agreement, the court divides property per Illinois equitable distribution laws. 
Marital Property is ‘Equitably’ Divided 
In Illinois, marital and non-marital property is divided equitably rather than equally, but not separate/non-marital property. So when preparing for a divorce, one of the first…
Continue Reading Navigating the Division of Marital Property: A Guide for DuPage County Residents

A trial is “a formal judicial examination of evidence and determination of legal claims in an adversary proceeding” Black’s Law Dictionary (11th ed. 2019)

Witnesses are needed to provide the court with evidence. Evidence is mostly testimony in an Illinois divorce trial. Additionally, no physical evidence can be examined without testimony authenticating that evidence. Authentication is testimonial “evidence sufficient to support a finding that the matter in question is what its proponent claims.” Ill. R. Evid. 901(a).

Surprise witnesses are highly discouraged in an Illinois divorce trial. In fact, surprise witnesses are forbidden…but only if the other side asked about witnesses in an…
Continue Reading Independent Vs. Controlled Expert Witnesses In An Illinois Divorce

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Leaving a spouse who has physically harmed you, threatened violence against you or your children, or otherwise abused you is a frightening and complicated process. Having a safety plan in place is essential. As you develop your plan, keep the following considerations in mind. If you are ever in immediate danger, call 911 right away.
Consider an Emergency Order of Protection
In Illinois, emergency orders of protection are granted based solely on the testimony of the petitioner, or person requesting protection. In other words, your spouse does not need to be present or even be aware of the fact…
Continue Reading Creating a Safety Plan for Leaving an Abusive Marriage

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Parentage refers to the legal parent-child relationship, and paternity specifically refers to the father-child relationship. When a married couple has a child together, the mother’s husband is assumed to be the legal father, and he does not need to take additional action to confirm paternity. However, for unmarried parents or situations in which a child’s father is unknown or uncertain, Paternity will need to be established through a Voluntary Acknowledgment of Paternity, an administrative process, or a court order.
The Father Can Put His Name on the Child’s Birth Certificate
Some people think that signing the birth certificate is the…
Continue Reading 5 Things That Happen When Paternity is Officially Established

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The words “argue” and “divorce” go hand in hand. In an Illinois divorce proceeding, an argument is not the bickering, squabbling or even screaming that occurred in the underlying relationship.

In an Illinois divorce proceeding an argument is “a statement that attempts to persuade by setting forth reasons why something is true or untrue, right or wrong, better or worse, etc,; especially the remarks of counsel in analyzing and pointing out or repudiating a desired inference, made for the assistance of a decision maker.” Black’s Law Dictionary (11th ed. 2019)

Arguing is what divorce lawyers are paid to do. Lawyers,…
Continue Reading Arguing Using Emotion In An Illinois Divorce

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If your family member, ex-spouse, or anyone else thinks your child is in danger, they may contact the Department of Child and Family Services (DCFS). Being accused of child abuse is a very shocking and devastating experience to go through. The DCFS has the authority to remove a child from their parent’s home in certain situations, so if you are facing a DCFS investigation or have been accused of harming yoru child, it is crucial to secure qualify legal represenation.

What Is Involved In A DCFS Investigation?
The DCFS must investigate any claim that a child is being abused or…
Continue Reading I Was Accused of Child Abuse By the DCFS. Now What?

A fool and his money are soon parted. This partition often happens before an Illinois divorce.

Whether the investment was crypto, stock market day trading or other forms of essentially legalized gambling, big losses mean big problems in a relationship. As my mother liked to say “When poverty walks in the door….loves goes out the window.”

When one spouse realizes that the other spouse’s hair-brained scheme has depleted their savings, they quickly file for divorce. After filing for divorce, the more level-headed spouse will wonder if they can get any of the money back.

Of course people rarely ever lose…
Continue Reading Bad Investments In An Illinois Divorce

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Dividing marital assets during a divorce can be tricky. For couples with substantial wealth or high net worth, divorce often involves complex assets such as investments, stock options, savings for retirement, businesses, and professional practices, digital assets, and real estate. Even assets such as jewelry or artwork can present challenges when it comes to the valuation and division of these assets. Working with a skilled divorce lawyer experienced in complex financial issues is essential for these types of divorce cases.
Classifying, Valuing, and Dividing Marital Assets
During many divorces, a couple’s assets are a combination of marital and non-marital assets.
Continue Reading Complex Financial Issues During An Illinois Divorce

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Sexual harassment victims have the right to take legal action against an employer who failed to prevent or address sexual harassment. If you have been subjected to sexual harassment at work, you have the burden of proof to show that the facts that you are alleging in a sexual harassment case are true. Courts will pay close attention to the evidence that backs your claim. You can help your case when you have documentation that helps prove your allegations against the employer. Here are three ways that you can document a sexual harassment claim.
Keep a Journal While the Conduct…
Continue Reading Three Ways to Document an Illinois Sexual Harassment Claim

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The term “parental rights” can be confusing. Many parents assume that their parental rights are automatically granted to them when they have a child. While this is somewhat true, it is important to understand how and when parents’ legal rights are granted or revoked under Illinois law.
How Do Parents Gain Parental Rights?
Mothers are considered the legal parent of a child when they give birth. Fathers can gain parental rights by establishing paternity. Paternity is assumed for married parents, meaning the husband of a woman who gives birth to a new baby is automatically considered the child’s legal parent.
Continue Reading FAQs About Parental Rights in Kane County, Illinois

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For parents who are divorced or separated, sharing custody of children is not always easy. A parent who has been used to making decisions for their children, providing care at all times, and handling child-related issues that arise may struggle to let go during the times that their children are not with them. While a well-crafted parenting plan can alleviate some of these issues by establishing rules and boundaries and detailing how certain parenting issues will be handled by both parents, some concerns may still arise about whether children are being properly cared for.
One issue that parents may encounter…
Continue Reading Can a Parent Who Shares Custody Object to the Use of a Babysitter?

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Without a doubt, owning a business complicates the divorce process. Unlike an employee of a company who can show his or her earnings on a weekly paycheck, business owners’ income varies significantly. Furthermore, business assets are often considered marital assets. This means that the non-owning spouse also has a right to a portion of the business’s value.
The situation becomes even more complex legally and emotionally if the spouses co-own a business together.
If you or your spouse own a business and you plan to divorce, you may want to consider using the collaborative law process to determine the division…
Continue Reading Collaborative Divorce for Business Owners Getting Divorced in Illinois

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A prenuptial agreement, commonly known as a prenup, is a legal document created by couples prior to their marriage. Its primary purpose is to establish clear guidelines regarding the division of assets, spousal support, and various financial matters in the unfortunate event of a divorce. This document plays a crucial role in providing transparency, ensuring fairness, and protecting the interests of both parties involved.
However, there may be situations where contesting the validity of a prenuptial agreement becomes necessary. We understand that contesting a prenup can be an emotional and complex process. Our team of compassionate and experienced family…
Continue Reading Contesting Prenuptial Agreements in Chicago

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When a divorce proceeding involves kids, it is essential for parents to make decisions that are in the best interests of the children. One such decision is the relocation of a child after a divorce. Relocation can be a challenging process and can cause disruption in the child’s life. Therefore, it is important to consider various factors before relocating a child after a divorce in Illinois. For legal assistance on this matter, contact an experienced family law attorney to get the relocation process started.
Here is What to Consider When Relocating with Your Child
The first essential consideration is to…
Continue Reading The Essential Considerations for Relocating a Child After a Divorce

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Update: While issues related to children’s privacy may be a concern for married couples, most parents in these situations will be able to work together to determine the best approach to take as they raise their children, while also addressing any concerns about illegal or dangerous activity by children. However, disagreements about these issues may complicate a divorce or child custody case, and parents may need to determine how to address these concerns or respond to accusations that they have taken inappropriate actions regarding their children.
When courts make decisions about child custody, they will seek to find solutions that…
Continue Reading UPDATE: Parental Authority and Children’s Right to Privacy: Where Is the Line Drawn?