As parents age, they often face physical or mental health challenges that might impact their ability to care for themselves or make important decisions. When this happens, guardianship can be an important legal tool to ensure a parent’s needs are met and his or her rights are protected. 
Once guardianship is approved for someone, that person is considered a “ward.” The extent to which a guardian is allowed to make decisions for a ward is determined by the court based on a thorough clinical evaluation and report. Understanding when guardianship may be necessary and how to obtain it in Illinois…
Continue Reading When Should I Consider Guardianship for My Parents?

Divorce mediation is often promoted as a cheaper and more peaceful option compared to traditional litigation. While mediation can help couples reach agreements on issues like child custody, property division, and spousal support, it is not the right solution for every situation. 
In some cases, mediation can even make existing conflicts worse or put one party at a disadvantage. Below are some reasons why divorce mediation may not be appropriate and how an Illinois divorce attorney can help you navigate the process.
Situations Where Mediation May Not Work
History of Domestic Violence or Abuse
Mediation relies on both parties feeling…
Continue Reading Do I Have to Go to Mediation in My Illinois Divorce? 

When parents share custody of their children, sticking to the agreed schedule for visitation exchanges is very important. If one parent is always late, it can disrupt plans, cause stress, and even affect the children’s well-being. Thankfully, Illinois law provides ways to handle this issue. A Naperville, IL family law attorney can help you find the best solution.
Why Timely Visitation Exchanges Matter
Late exchanges can create many problems for both parents and children. For example:

• Children might miss activities, meals, or bedtime routines.
• Parents may struggle to stick to their work or personal schedules.
• Children could feel upset or

…
Continue Reading What Can I Do if My Ex Always Shows Up Late to Visitation Exchanges? 

In 2023, a New York housewife enlisted the help of a forensic accountant to track down half a million dollars her husband hid in Bitcoin prior to their divorce. A few months into the divorce, the wife became suspicious when it appeared her husband – who earned as much as $3 million per year – had very few assets.  The woman, who had been married for over a decade, rightfully felt blindsided when she found out the truth.
Since the couple had never really discussed cryptocurrency or making investments, the wife had no idea her husband was stashing money to…
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In the state of Illinois, the best interests of the child are always the overriding concern when determining the allocation of parental responsibilities, parenting time, and which parent will be the primary residential parent (the parent the children live with the majority of the time). The allocation of parental responsibilities determines how the parents will make important decisions for their children.
There is a presumption that both parents will work together to negotiate an agreement that clearly outlines each parent’s rights and decision-making capacity. The major decisions in a child’s life include choices regarding religion, education, health and medical…
Continue Reading Is a Strict 50/50 Parenting Time Split Realistic?

Conflict is, unfortunately, a part of divorce for most couples. Even spouses who begin a divorce in agreement on most issues can soon begin having problems. Of course, there is conflict, and there is the kind of conflict many of us cannot even imagine. When one spouse has a high-conflict personality, divorce will be much more complex, costly, and time-consuming – a true roller-coaster ride of intense emotions.
A high-conflict divorce is generally considered one in which one or both spouses engage in negative behaviors. This is meant to inflict emotional pain on the other spouse and sometimes is meant…
Continue Reading 8 Red Flags of a High-Conflict Divorce

In an ideal world, divorcing spouses would be able to resolve all their disagreements and follow any orders handed down by an Illinois family court judge. Unfortunately, we do not live in an ideal world. One spouse may sometimes refuse to cooperate with an order or could even directly disobey an order, requiring enforcement of the judgment.
For example, one spouse may have been ordered to pay spousal support but refuses to do so because he or she feels the ruling was unfair. A judge’s orders could be permissive or prohibitive. A permissive order grants either party permission to…
Continue Reading Could I Be Held in Contempt for a Divorce-Related Issue?

Unfortunately, mistakes made during a divorce can have long-term negative consequences. When you are in the middle of a divorce that seems to be going on forever, and you are sick of arguing with your spouse, it can be tempting to simply say “You can have whatever you want.” While understandable, this is never a good strategy.
Months or even years later, that choice can come back to haunt you in a big way. After choosing an experienced Naperville, IL divorce attorney that you trust to have your back, the best thing you can do is stay the course. Remind…
Continue Reading What Are the Most Common Mistakes Made During a Divorce?

Although most people who receive spousal maintenance in Illinois understand that those payments will stop if they remarry, cohabitation, or living with another person, can also result in the termination of monthly payments. A complex group of factors must be carefully navigated to avoid the termination of monthly spousal maintenance payments – which could be a financial lifeline for you at this point in your life.
Perhaps you are not cohabitating with another person in the romantic sense; rather, you are renting out a room in your home to an old friend who just happens to be of the opposite…
Continue Reading The Legal Nuances of Cohabitation in Relation to Alimony

Many parents must work to pay necessary expenses. After a divorce, money may be tighter for both parties, making working even more vital. This means that younger children may need daycare when no close family member can care for them. As of 2023, about 23 million children ages five and under lived in the United States, with seventy-one percent of them living in households where both parents work. As a result, many working parents need some form of childcare arrangements.
If you are in the middle of a divorce and are facing issues with the allocation of parental responsibilities and…
Continue Reading What Impact Could Divorce Have on Daycare Decisions?

Prenuptial agreements are becoming much more common across the United States. A significant percentage (19 percent) of prenuptial agreements are prepared in New York, followed closely by California and Florida. In most cases, one partner in the relationship is the driving force behind the prenuptial agreement. The reasons for seeking a prenuptial agreement range from protecting business interests to providing for children from a previous marriage.
If your fiancé asks you to waive spousal support in a prenuptial agreement, should you agree? Of course, there are many factors to consider in an important decision like this, and the…
Continue Reading Should I Sign a Prenuptial Agreement with an Alimony Waiver?

Divorce is a process that many are not prepared for. Because of this, it is helpful to have a divorce attorney you trust who can guide you through the process, answer your questions, and explain how things will work.  At some point during your Illinois divorce, your attorney may tell you there is an upcoming status hearing. Your divorce may have multiple status hearings, motions sent back and forth, interrogatories, possibly a divorce deposition, a pre-trial, and a trial if you and your spouse disagree on issues and cannot reach a pretrial settlement.
A status hearing allows both parties to…
Continue Reading What is an Illinois Status Hearing and What Should I Expect?

The allocation of parental responsibilities often comes with what may seem like constant difficulties with your ex. This can include when the other parent moves within the 25-mile allowable range, and you realize that move is leaving you with less and less time with your child. Years ago, the laws governing how far a primary residential parent can move in Illinois without court approval changed.
Up until the change, the primary residential parent could move anywhere within the state without Court approval or the approval of the other parent. This changed to allow the primary residential parent to move up…
Continue Reading When a Parent’s Move Causes Difficulties for the Other Parent