Blog Authors

Latest from Davi Law Group Blog

Custody issues can be very complicated and emotionally charged. One of the factors that makes it even more complicated is that the language used to describe child custody can be complex and subject to change. Technically, there is no longer sole custody in Illinois. Instead, parents receive an allocation of the parenting time (time spent with the child) and parental responsibilities (legal custody and decision-making authority).
Parenting arrangements that allow both parents to spend time with the child and be involved in child-related decision-making are preferred by Illinois courts. However, there are situations in which the court will award all
Continue Reading When Does an Illinois Court Give a Parent Sole Custody?

Being involved in an abusive marriage is one of the most isolating, overwhelming things a person can go through. When the decision to end it is made, a few key steps must be taken to ensure the abuse victim’s safety and protect his or her financial interests during divorce. Preparation is one of the most important steps in divorcing an abusive spouse. If you are planning to divorce a spouse who has threatened, harassed, or physically harmed you or your children, make sure you understand your rights and options under Illinois law.
Emergency Protection Orders in Illinois
In Illinois,
Continue Reading Preparation is Key to Divorcing an Abusive Spouse 

The average U.S. adult has just over $90,000 in debt. Mortgage loans, auto loans, credit card debt, student loans, and home equity lines of credit are just some of the debts Americans contend with.
If you are getting divorced, you may have many different questions about what happens to your debt. Who is responsible for the mortgage? What if my spouse ran up credit card bills without my knowledge? Does my spouse have to pay my student loans? Will I have to pay my spouse’s debt if we get divorced?
How Illinois Courts Handle Debt During Divorce
Debts are
Continue Reading Will I Have to Pay My Spouse's Debt if We Get Divorced?

Ending a marriage when there are children involved is complicated emotionally and legally. To make the divorce process even more complicated, divorce laws and terminology describing child custody and divorce frequently change.
Illinois no longer uses the term “sole custody” in official proceedings. Instead, parents will have “parental responsibilities” or decision-making authority over a child. The term “visitation” is also outdated. Instead, parents enjoy “parenting time” with their children.
If you are questioning whether you will have most or all of the parenting time and parental responsibilities after your divorce, you are not alone. This is a common
Continue Reading Will I Get Sole Custody of My Child During an Illinois Divorce?

Divorcing spouses must resolve several crucial issues before they can end their marriage. Marital property and joint debt will need to be divided between the spouses. If the couple had children, they will need to develop a parenting plan and determine the allocation of parenting time and parental responsibilities. If there is a large financial discrepancy between the spouses, they may need to address spousal maintenance.
Some couples are able to negotiate an agreement about these issues without the court’s involvement. However, litigation is often necessary in complex and contentious divorce cases. A deposition is one of the many legal
Continue Reading What Happens During a Divorce Deposition?

Getting divorced is a painful and often heartbreaking process to go through. However, there is often a silver lining. Divorced individuals are able to move on with their lives and embark on new beginnings. This can include forming a new relationship and eventually deciding to remarry. If you live in the state of Illinois and plan to enter into your second marriage, keep the following considerations in mind.
You May Want to Get a Prenuptial Agreement
Most family law attorneys recommend prenuptial agreements for individuals getting married for the second or third time. Prenuptial agreements have multiple financial and legal
Continue Reading Remarriage After an Illinois Divorce: What You Need to Know

If you are a stay-at-home parent in DuPage County, getting divorced can be especially difficult. You might be worried about how you will support yourself and your children financially. You may also worry about how your children will handle the split. There is no way to completely eliminate the stress and difficulty involved in the divorce process, but there are some things you can do to ease the transition.
Understand That You Are Not Alone – There Are Many Other Parents in Your Situation
Going through a divorce can be an incredibly upsetting experience, and it is important to understand
Continue Reading Divorce Tips for Stay-At-Homes Parents in DuPage County

Parents have strong opinions about what is best for their kids. When divorcing parents disagree regarding a child-related legal concern, the situation can become quite acrimonious. Some parents experience conflict because they both believe that they should have all of the parental responsibilities, including the authority to make decisions about their child’s education, medical care, extracurricular activities, or religion. Other divorcing spouses disagree on who should have the majority of the parenting time or how parenting time should be divided between them.
Serious conflict can also arise when one parent believes that the other parent is not capable of
Continue Reading Child Custody Evaluations: When and How They Are Used in Illinois Divorce Cases

When spouses can agree on the terms of their divorce and avoid a trial, they can save significant time, money, and frustration. Depending on the circumstances of a divorcing couple’s life, the spouses may need to address the division of assets and debts, the allocation of parental responsibilities, parenting time schedules, spousal maintenance terms, and other crucial issues before they can finalize the divorce.
Reaching an agreement between two divorcing spouses is rarely easy. If you are getting divorced and you plan to negotiate an out-of-court agreement with your spouse, the following negotiation techniques may help.
Negotiating a Divorce Settlement
Continue Reading Negotiation Techniques to Use in Your Illinois Divorce Case

Under Illinois law, guardianship gives an individual authority over another person’s financial and healthcare decisions. Usually, guardianship is used to care for a minor child or a disabled adult. A guardianship action is initiated by filing a petition for guardianship and attending a hearing. The court evaluates the evidence presented and makes a determination about the proposed guardianship. This process can be lengthy and complex.
An emergency guardianship or temporary guardianship covers the time between when the petition is filed and the final order is entered by the court. It is used if there is an imminent threat of harm
Continue Reading What Is Emergency Guardianship of an Adult in Illinois?

In Illinois, divorced parents create a parenting plan that describes how the parents will handle childcare and child-related responsibilities. This parenting plan includes several different elements, including the allocation of parental responsibilities and a parenting time schedule. There are several popular parenting time schedules that help divorced parents share time with their children. An important part of the divorce process is working out a parenting time schedule that works for both parents and the children.
Parents are encouraged to negotiate their own parenting time schedule and formalize that schedule through their parenting plan. However, if parents cannot agree, the court
Continue Reading Popular Parenting Time Schedules for Divorced Parents

When it comes to divorce, there are numerous myths floating around. It is easy to get overwhelmed by the amount of information out there. This blog aims to clear up some common misconceptions about the divorce process in Illinois. Here are five myths about divorce that you should know if you’re considering or going through a divorce.
Myth #1: You Must Have Your Spouse’s Permission to File for Divorce in Illinois
False! In the state of Illinois, either spouse can file for divorce without their partner’s consent or agreement. This means that if one party wants a divorce but
Continue Reading Debunking Divorce Myths in Illinois

The division of property is a major aspect of the Illinois divorce process. Shared assets and debts are part of the marital estate, and when the marriage is dissolved, those assets are divided between the spouses. In most cases, any assets or liabilities acquired during the marriage are included in the marital estate. Assets and debts that a spouse owned before getting married are separate or non-marital property. However, property division is rarely this simple and there are several exceptions to these rules.
Marital and Non-Marital Property
Assets and income that a spouse purchased or earned while they are married
Continue Reading What Is Separate Property in an Illinois Divorce?

It is no secret that the divorce process can be long and complicated. This is especially true when a divorce involves contentious property division or child custody disputes. Illinois law allows divorcing spouses to petition the court for temporary court orders addressing various issues such as spousal support, child support, and child custody. If you are a parent in the middle of a divorce, you may want to consider getting a temporary child custody order that will dictate custody terms during the divorce process.
Temporary Allocation Orders
Illinois law now refers to child custody in terms of “parental responsibilities” and
Continue Reading Should I Get a Temporary Child Custody Order During My Divorce?

Being accused of child abuse or neglect often comes as a shock to parents. After someone makes an accusation against a parent, the Illinois Department of Children and Family Services (DCFS) will conduct an investigation. Child custody orders may be modified substantially, and parents may even face criminal charges if the DCFS finds that the accusations of neglect or abuse are valid. Parents in this situation have the right to file an appeal and attend a hearing.  It can be intimidating to attend a DCFS hearing in Illinois, and many parents feel like the odds are stacked against them. If
Continue Reading A Guide to DCFS Appeals for Illinois Parents

Family situations can be extremely complex. Sometimes, a mother gets pregnant unintentionally. She may not have a close relationship with the father or wish for him to be involved in the child’s life. Sometimes, the opposite is true. The mother wants the father to be involved in the child’s life and support the child financially, but the father refuses to sign the birth certificate or establish paternity.
In this situation, it is important to consider the legal and financial implications of not establishing paternity, as well as the potential benefits of establishing paternity. In some cases, it may be
Continue Reading Should I Establish Paternity If the Father Is Not Involved?