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Spouses in Illinois can get divorced while one of them is pregnant. However, expecting parents who are divorcing might be required to create a parenting plan for their unborn child. A parenting plan covers things like which parent will spend time with the child and when and who will have legal decision-making rights with regard to the child. Deciding who has decision-making rights – called parental responsibilities in Illinois – may be especially important when you have a newborn. You must be represented by a knowledgeable Naperville, IL child custody attorney if you are getting divorced while you or your
Continue Reading Creating a Parenting Plan for an Unborn Child

Being taken completely by surprise when you are served with divorce papers is never a pleasant experience. Yet, it happens to people every day. Many husbands or wives believe that everything is fine in their marriage, only to find out that their spouse has been secretly preparing for divorce for months. There are legal disadvantages to being surprised by a divorce filing. Some spouses will do things like taking marital funds to create a separate bank account for themselves, gathering evidence that might help them gain more parenting time, or even fabricating “proof” of spousal abuse in an effort to
Continue Reading Signs Your Spouse is Preparing for Divorce

If you have worked hard to start your own business, you have every right to want to protect the fruits of your labor. Even if you owned the company in your own name before you got married, your company’s assets or profits can easily become marital property in the absence of a legally binding agreement that says otherwise. People who were business owners before getting married and saw their businesses grow during their marriages have lost some of the increased value during divorce. You can use a prenuptial agreement to establish your company as your own separate property in case
Continue Reading Prenuptial Agreements for Business Owners

When you and your child’s father are no longer in a relationship, and he does not voluntarily become involved in your child’s life, you may be faced with a difficult decision about whether to start a paternity case. There are some clear benefits to legally establishing who your child’s father is, like being able to pursue child support. However, there may be some risks as well. Once you have established paternity, he has the right to file a child custody case and try to get parenting time. Establishing paternity also creates a legal tie between you, which may not
Continue Reading Should Mothers Initiate Paternity Cases?

It is somewhat common for parents to get divorced during the “empty nest” phase. Once their children have grown up and moved out, parents may realize that they no longer have anything in common. If you and your spouse have a disabled adult child and you share legal guardianship of him or her, you may not experience a typical “empty nest” phase, but you may still find that you no longer want to be married to each other. Raising a child with significant disabilities can put a strain on your marriage. If your child is going to be dependent on
Continue Reading Divorce and Guardianship of an Adult Child

Parents who have chosen to get divorced often find telling their children difficult. It is hard for parents to know how their children will react. Deciding how to approach the conversation is challenging. Parents must consider when and where to break the news and what their children’s reactions might look like. Some children are taken by complete surprise, but others are surprisingly perceptive and already know that divorce is looming. Parents must make sure their children know that both parents still love them and will put them first, even though the parents do not want to be together anymore.
Continue Reading Talking to Your Child About Divorce

Going through a divorce or child custody dispute can be trying. It is normal to feel frustrated and fearful of losing time with your children. However, it is important to act with great care while your case is open. Making a mistake while you are in the midst of a child custody case can lead to a less favorable result. It is important to speak with your Naperville, IL child custody attorney about what steps you can and cannot take as your case is pending. While it can be tempting to take steps like refusing to drop off your children
Continue Reading Common Mistakes During a Child Custody Case

This is a relatively common situation, especially for married men who knew that their wives had been unfaithful. Infidelity is a common cause of divorce all over the United States. The emotional impact of finding out that your wife has had an affair can be devastating, even more so if you determine that a child you thought was yours may not be. Getting divorced can be quite complicated when there is a question of paternity for a child who was born during the marriage and will need a parenting plan. A large number of factors may become relevant, including
Continue Reading Illinois Divorce When Your Child is Not Yours

Courts in Illinois rarely find that giving one parent full custody and excluding the other parent from the child’s life is in the best interests of the child. Wherever possible, courts will work to salvage the parent-child relationship in any way that is practical and safe for the child. However, in certain cases, the court can find that full custody is appropriate. While limited supervised visitation is often ordered when one parent is not capable of caring for the child independently or poses some risk, courts sometimes find that even supervised visitation could harm the child. If you are
Continue Reading When Is Full Custody Possible in Illinois?

In most cases, yes, you can refuse to get married unless your fiance or fiancee agrees to sign a prenuptial agreement. However, you will need to be careful to avoid later accusations of coercion, which can cause your agreement to be deemed invalid. While it is wise to not get married without a prenuptial agreement, it is important to speak with a knowledgeable Naperville, IL, prenuptial agreements attorney to ensure that your prenuptial agreement can be enforced later should you get divorced. Mistakes made in the process of creating such a contract can mean that your agreement will
Continue Reading Can I Demand a Prenuptial Agreement in DuPage County?

Marital disputes can make you feel completely isolated. Social media is full of carefully created but usually unrealistic portrayals of “perfect” marriages. When you and your spouse are having a serious argument, or your spouse has done something that truly upset you, you might not know what to do. While virtually all married couples have disagreements, some types of disputes or misconduct are more serious than others and may lead to the marriage ending. Some spouses choose divorce right away while others may choose to try to reconcile. You have legal options if your marriage is struggling or you
Continue Reading Legal Options After Marital Disputes in Illinois

If your spouse has wracked up significant gambling debt or lost a lot of money during your marriage, there is a fairly good chance that your spouse has a gambling problem. There is also a fairly good chance that their gambling addiction is the reason you are getting divorced. Being married to someone who spends too much time in casinos or on online gambling platforms can be extremely difficult, both emotionally and financially. If money keeps going missing, or your spouse’s paychecks are not making it into your joint bank account at all, you probably know why. The good news
Continue Reading Am I Liable for My Spouse’s Gambling Losses?

The larger and more complex your marital estate is, the more challenging it may be to divide your property fairly during your divorce. High-asset spouses often own assets that generate profit, such as rental properties or a family business, or assets of fluctuating value, like joint investments. Illinois requires all marital assets to be divided fairly and equitably, but determining how to divide certain assets in the most fair way possible may not be easy. If you and your spouse are in a high-asset marriage, it is important to work with a Naperville, IL, divorce attorney who has experience
Continue Reading Issues in an Illinois High-Asset Divorce

If you have a child with significant disabilities, you may have known for a long time that you would probably need to retain legal guardianship of them when they turn 18 years old. Your child may also know that guardianship has always been the plan. Or, your child’s need for guardianship may not have become apparent until after they became a legal adult. Some parents of adult children pursue guardianship after their child suffers a traumatic brain injury, becomes addicted to drugs, or experiences a significant mental illness that prevents them from caring for themself. For some, obtaining guardianship is
Continue Reading Seeking Guardianship of Your Adult Child

Trying to resolve your divorce out of court is rarely recommended if your spouse has abused you in any way. However, it is technically possible if you are both determined to make it work and your safety can be protected. Instead of using face-to-face mediation, attorney-led negotiation is usually the preferred strategy. Remember that if at any point, trying for an uncontested divorce begins to negatively affect your mental health, your children, or your physical safety, you have the right to immediately stop the process and elect to go to court. The type of abuse you experienced is also
Continue Reading Is Uncontested Divorce After Abuse Possible?

Circumstances may make parents feel a change is necessary to an already established parental responsibilities court order. The change can be determined mutually between parents to benefit their children or through a motion to modify through the court. Understanding the process and steps required will help ensure things move smoothly. A lawyer can help provide invaluable advice and counsel throughout the entire process.
Factors That Affect The Allocation of Parental Responsibilities
When a judge issues a court order on the allocation of parental responsibilities, it is done so in the child’s best interest. It is not a decision that
Continue Reading Modifying an Illinois Parental Responsibilities Court Order