DuPage County Divorce Lawyers

Established in 1979 and Over 200 Years of Combined Experience

Blog Authors

Latest from DuPage County Divorce Lawyers

Facing an impending divorce can raise multiple concerns for both parties, especially when special circumstances arise that can further complicate the process. Arguments over parenting time or the inability to agree on other crucial issues, such as property division and alimony, are just a few examples of problems that often surface between a divorcing couple. Financial matters, in particular, are a major landmine for many separating spouses, as months or years of shared investments, purchases, and accounts have accumulated and must now be divided. Monetary concerns do not necessarily have to increase the tension between you and your spouse,…
Predicting the types of conflicts you may experience throughout your divorce process can be difficult, if not impossible. Sometimes, you do not know trouble is brewing until a particular issue is discussed and suddenly spawns an argument that seems unmanageable. Many couples experience nothing but smooth sailing during the first stages of divorce, only to find later that buried tensions have morphed into a series of toxic interactions. Whether you have been fortunate enough to have an amicable separation thus far or are dealing with a contentious divorce, exploring mediation as a tool to help achieve a peaceful dissolution of…
If you share children with your spouse and have made the choice to divorce, one of the most important legal decisions you and your partner will have to make is which guidelines to include in your parenting plan. Under Illinois law, a parenting plan is a written agreement that designates certain decision-making responsibilities to each parent, outlining specific parameters that provide structure as to how children should be raised. Parenting plans also govern parenting time (visitation), which is a crucial piece of your family’s new structure following the divorce. Responsibilities to be Discussed When Creating a Parenting Plan…
The moment a couple decides to end their marriage, both spouses may face what feels like an endless list of challenges, especially if children are involved. Divorcing parents must address an entirely new set of concerns as they begin to navigate through different family structures and dynamics after the separation. Moving through the divorce process with children in the picture can be especially daunting, even for parents who are able to interact on a positive and productive level. The range of emotions experienced can be amplified in the wake of additional changes, such as relocation after the divorce. Relieving Children’s…
As you begin to navigate the divorce process, the tasks you must face can seem daunting. It is natural to feel overwhelmed by what likely seems to be a never-ending to-do list, but the upside to this challenge is that the more organized you are, the more you improve your chances of experiencing a smoother, less stressful divorce from start to finish. If you and your spouse share children, topics such as the allocation of parental responsibilities (child custody) and parenting time (visitation) can be especially taxing as you organize the next chapter of your lives, as these topics tend…
The moment the divorce process is set into motion, separating spouses are inundated with challenges and are forced to address a number of different conflicts. Whether the decision to end your marriage was mutual or rife with tension, a variety of issues can arise, requiring both parties to work together to find solutions. Discussions about everything from the division of assets and spousal maintenance to child support are all topics that can quickly turn an amicable split into a contentious one. While not every divorce involves heated debates and bitter court battles, even couples whose interactions are civil and respectful…
For many spouses, the thought of a peaceful divorce is a definite oxymoron. With so many factors contributing to the conflicts that often plague the divorce process, it may seem almost impossible to imagine a marriage ending on friendly terms. Sensitive issues such as the division of debts, spousal support, and parenting time have the power to amplify emotions and create overwhelming tension in the midst of a separation. Working through these issues can be extremely challenging and painful, especially when interactions between parties are hostile. However, psychology experts tell us that a peaceful divorce is not a…
The emotional upheaval brought on by divorce in the family can be exhausting and intense. It can take a significant amount of time for everyone to process the event, regardless of how amicable the decision to separate may have been. The end of a marriage is particularly difficult for any children involved, as they are suddenly confronted with not only the reality that their family is changing, but also the realization that they must accept and adjust to new routines and essentially a different way of life. The result of such a big transition is a lot for children of…
Even in the midst of a divorce, when big changes are already in motion in a household, other circumstances can arise that create an even greater divide between a parent and a child. Sometimes new developments at work or with extended family surface, placing a parent in a position where he or she must decide whether or not to relocate in the wake of a divorce. In other situations, one parent simply wishes to retaliate or distance him or herself–and the child the couple shares–from the other, with hopes of starting over after the separation. Whatever the reason for a…
Under Illinois law, a person other than a child’s legal parent may be appointed to act as their legal guardian. While guardianship is considered a separate type of legal proceeding from the dissolution of marriage, the issue may arise when a minor child’s legal parent is going through a divorce. Guardianship can be sought by grandparents, even when the legal parents are not divorcing or planning to end their marriage. Why a Grandparent May Need Guardianship There are many reasons why a grandparent may need guardianship. The grandparent may be taking care of the minor child after the divorce…
It has been said that nothing is certain but death and taxes; this rather sardonic depiction of life is credited to one of our founding fathers, Benjamin Franklin. What is also almost as certain is if you find yourself in a legal jam, you need a lawyer. It is important to know that all lawyers are not the same, and this is true even for those who limit their practice to areas such as divorce and family law. Statistics show that over 22 percent of first marriages end up in divorce in less than five years, and 53 percent…
Marriage is not for everyone; however, there are those people who enter into marriage believing they can make it work and last a lifetime. Unfortunately, even for those couples who give it their best, they may ultimately decide to divorce. Indeed, most recent statistics available show that more than 22 percent of couples marrying for the first time end up divorcing in less than five years, while 53 percent of all marriages dissolve by the 20-year anniversary. Although divorce proceedings are usually carried out in court, litigation is not always necessary to legally terminate your marriage. Alternative Dispute Resolution…
In Illinois, marriage dissolution, or what is most commonly referred to as divorce, is the sole means by which a couple can legally terminate their marriage. The termination itself requires a judgment entered by the court, which a judge will issue after the couple agrees to the terms of the divorce. If the couple cannot reach an agreement, then a judge will decide the marital and child-related issues, including the allocation of parental responsibilities and other matters, such as division of property and assets or spousal maintenance (alimony). It is not unusual for one of the spouses to decide to move…
The process of obtaining legal parental rights over a child that is not your own is known as adoption. Once you have done what is required and successfully completed the process, you will establish a legal family relationship between yourself and the child you are adopting. As an adoptive parent, you will have the same rights, duties, and obligations to the child as the child’s biological parents would have. Who Can Adopt a Child? Under Illinois law, basically, anyone of age can adopt a child provided they follow the law and meet the adoption requirements. So, it does not…
People going through divorce usually worry about how assets such as a house, car, or retirement accounts will be divided when the divorce is final. With information and technology becoming increasingly intertwined in evolving societal norms, however, intellectual property is equally becoming an important category of assets owned by a married couple. Intellectual property includes things such as copyrights, trademarks, and patents. Is Intellectual Property Marital Property? Illinois law defines marital property as property, including assets and debts, the divorcing couple acquired after getting married. There are a few exceptions, but this law is broad enough to include in it…
After a divorce is made final, and sometimes even before that, an Illinois family court will enter an order regarding the allocation of parental responsibilities. This order controls how parental responsibilities are shared between the divorcing couple. One of these responsibilities is time shared with a child. Determining Parenting Time If a divorcing couple has not agreed on a parenting schedule, the court will determine how and when visitation will take place in the best interest of the child. The court will do so relying on expert opinions and considering several factors, including the following: Each parent’s wishes; Wishes…