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While parents and courts try to make parenting time arrangements as stable and consistent as possible, sometimes plans change. The child is then forced to adapt, which can increase confusion for a child already suffering from it.
For this reason, some parents choose to put a “first right of refusal” clause in their parenting plan. This article will discuss what a parenting plan is and why you might consider requesting the first right of refusal.
As always, it is best to consult with an experienced family lawyer if you have any questions about parenting time.
What is a Parenting Plan?
Continue Reading Do I Have First Right of Refusal to See My Child in Illinois?

Couples who decide to get married are often encouraged to sign a prenuptial agreement. This agreement outlines what will happen to property belonging to each party and the couple as a whole in the event of death or divorce. It becomes effective upon marriage.
Although signing a prenuptial agreement can be helpful in many scenarios, it is legally complex and should be drafted by an attorney who is experienced in family law. 
If the couple decides to divorce, a prenuptial agreement often becomes a major factor in the divorce proceedings. This article will discuss the benefits of signing a…
Continue Reading How Can a Prenuptial Agreement Affect a Divorce in Illinois?

One of the painful realities of the divorce process is that you lose not just a spouse but can also lose financial assets. Asset division, which is the area of divorce law that deals with dividing a couple’s assets, is very complex and should be handled by a skilled divorce attorney.
The general rule under Illinois law is that any property or asset that was acquired by either spouse during the marriage should be equitably split with the other spouse upon divorce. There are exceptions to this, such as:

  • Inheritance
  • Gifts
  • Property acquired by using pre-marital assets as collateral

…
Continue Reading Will I Lose My Business in an Illinois Divorce?

Under Illinois law, divorces are not anyone’s “fault.” The only legal basis for divorce is “irreconcilable differences.” Sometimes those differences are so great that at least one spouse might be looking to move on even before the divorce is finalized. 
It is not illegal to enter a new romantic relationship before your divorce is final, and it will not make the divorce your “fault.” It can, however, complicate the divorce process for you and those around you. It is advisable to consult with an experienced divorce attorney before committing to a new relationship while your marriage is still valid.
Here…
Continue Reading Can I Date Other People Before My Divorce Is Final?

If you are an unmarried father in Illinois, you likely have questions and concerns about your legal rights and those of your child. Understanding your rights as a father, or your paternity rights, can be especially important if the parents’ relationship is strained and the mother is reluctant to involve the father in the child’s life.
Contacting an experienced family lawyer in Illinois who can help you understand paternity laws is the best first step to take. The attorney will discuss your legal options with you, such as making sure your relationship with your child is recognized in the eyes…
Continue Reading Should I Establish Paternity in Illinois?

One of the most commonly discussed topics in parental divorce is child support. Sometimes, one parent has more time with the children and responsibility for them and the other has more flexibility to work and earn a living. In that case, it is generally straightforward; the parent who works more pays child support to the parent spending more time raising the children. But sometimes, the parents have equally shared custody, and neither parent can claim to be spending more time with the kids. If you believe you will have a 50/50 custody arrangement with your spouse, you will…
Continue Reading If Parents Have Equal 50/50 Custody, Is There Child Support in Illinois?

A prenuptial agreement can often be an excellent thing for an engaged couple to sign as they prepare for married life. It will get them in the habit of thinking about their money and assets not as theirs individually but as theirs as a couple. It can also give them a great deal of peace of mind, knowing that if the marriage does not succeed, their finances will be protected and they will have a fair settlement.
However, many couples do not sign a prenup. For some, the idea of planning for a hypothetical divorce before even giving their marriage…
Continue Reading Should We Sign an Illinois Postnuptial Agreement?

Child support obligations generally end on a child’s 18th birthday. In some cases, they end when the child graduates high school. However, under certain circumstances, parents might be required to continue making payments for their children even when they are no longer considered minors. For example, divorced parents in Illinois can be obligated to create a plan to cover their child’s college education. Additionally, child support obligations can extend beyond that point for several years and might never end in the child’s lifetime if the child has special needs. If you are going through a divorce and your child…
Continue Reading When Do Child Support Obligations Apply for Adult Children in Illinois?

Custody disputes can be quite complicated to resolve when parents get a divorce. The people involved often feel tense and emotions can run high. Trying to figure out how parental responsibilities and rights will be divided can be especially challenging if either parent’s mental health and emotional regulation are in question. If one parent expresses concerns that the other is psychologically incapable of properly caring for their children and providing them with a safe and stable home, the courts will take such concerns very seriously as they attempt to draft a settlement that will ultimately serve the child’s best interests.
Continue Reading When Are Psychological Evaluations Used in Illinois Divorce?

When thinking about domestic abuse, physical violence often comes to mind. Of course, being physically harmed within your family is a horrible thing to experience. But something people discuss less often and can still be detrimental is emotional abuse. When one parent pits their child against the other parent, manipulating the child into having less of a relationship with them, this is a form of emotional abuse otherwise known as parental alienation, and it is a big problem for parents going through a divorce. If you believe your spouse is doing this to your children as an attempt to…
Continue Reading What Can I Do if My Spouse Has Pitted My Child Against Me in Illinois?

Acknowledging that your marriage has failed is no easy task. With a divorce looming, you might find you are emotionally and even physically overwhelmed by everything you need to think about. Who will get our home? What will happen to our retirement funds? If you have children, these questions only increase. Trying to make plans for an uncertain future can be stressful, especially if you do not have any previous experience with divorce.
It is wonderful if you have friends and family around who want to help and support you during this difficult period. But beyond the emotional and even…
Continue Reading Should I Consider Divorce Coaching in Illinois

Living in the United States affords you a great deal of freedom and civil liberties. People are largely free to make decisions for themselves and eat, wear, think, and do whatever they want unless what they want could pose a threat to them or others. That is why there are speed limits, food and drug regulations, rules about how a business needs to treat its customers, and countless other ways the law restricts us to protect the greater good.
One area you may not expect there to be regulations involves who you can marry. In the state of Illinois, certain…
Continue Reading What Marriages Are Prohibited in Illinois?

The first official step that needs to be taken when a couple understands that they want to begin divorce proceedings is to file for divorce. You might worry that if your spouse files for divorce first, it could somehow influence how it will play out. In truth, this does not have much of an impact. This article will explain why. If you have any further questions about whether your divorce will be affected by whoever files for divorce first, a knowledgeable St. Charles, IL divorce lawyer can offer more detailed explanations.
Will I Seem Guilty if My Spouse Files for…
Continue Reading Will My Illinois Divorce Be Affected by Who Files First?

When parents get a divorce, they generally try to figure out where each ex-spouse will live and come up with a schedule for which home the children go to when. That is certainly the most common custody arrangement, but not the only one available. Some parents decide to keep the children in the family home, and instead of the children moving from home to home, the parents alternate when they stay at that home. Otherwise known as birdnesting, this option is not for everyone, but under certain circumstances, it can work wonderfully. If you and your spouse are considering…
Continue Reading What Is Birdnesting Custody in Illinois?

A common divorce topic is the division of assets and property. Typical assets that a couple needs to divide in divorce include bank accounts, savings accounts, apartments, and cars. People with significant wealth sometimes have local bank accounts as well as offshore accounts abroad, which is perfectly legal. However, offshore accounts are of particular interest in divorce because they are sometimes used by a spouse to try to hide assets and avoid dividing them, which is not legal. If you are preparing for a divorce and are concerned that your spouse is using offshore accounts to hide assets, a knowledgeable…
Continue Reading How Are Offshore Accounts Handled in an Illinois Divorce?

The state of Illinois has specific rules for determining parentage. A woman giving birth is automatically legally recognized as the biological mother. If she is married to a man at the time of the birth, her husband is automatically recognized as the father without any need to prove this to be the case. Things become more complicated when the mother is not married when she gives birth. There are several ways to determine your paternity so that it is legally recognized. If you are not married and you are about to become a father, speak with an experienced St. Charles,…
Continue Reading How Does a Voluntary Acknowledgement of Paternity Work in Illinois?