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Contested child custody cases can be hard on everyone involved. It is usually best for parents who are getting divorced to try to agree to a parenting plan out of court with the help of their attorneys and a mediator. However, there are instances where child custody mediation fails, and the parents must allow the court to make decisions. As a parent, you might need to make the decision that litigating child custody is necessary to protect your children if the other parent is being unreasonable or would not do what is best for the children. If you need the
Continue Reading When to Contest Child Custody

Older adults are more likely than younger people to fall prey to financial abuse. The perpetrator can be an adult child, a caregiver, or even your spouse. It is more common than you might think for one spouse to take advantage of the other financially, especially when both spouses are at retirement age. If you are a retirement-age adult questioning whether you want to stay married to your spouse, you should speak to an experienced Naperville, IL complex divorce attorney at once. A skilled lawyer can help you recognize the signs of financial abuse in your marriage and take steps
Continue Reading Gray Divorce and Financial Abuse

Infertility is a challenge that many people face, and the rate of couples who deal with infertility is on the rise. Because of this, we can expect to see more and more legal cases, such as divorce, involving questions around fertility. Just a few weeks ago, for example, the Alabama Supreme Court ruled that frozen embryos are legally considered “people,” making questions about what happens to fertilized embryos in a divorce in that state much more complicated.
Although the chances of such a law being passed in Illinois are effectively zero, Illinois couples who have frozen embryos and are
Continue Reading Can I Use Fertilized Embryos After We Get Divorced?

Getting out of an abusive marriage is not easy. No matter what type of abuse your spouse has inflicted on you, leaving him can be emotionally challenging. Most abusers try to make their spouses believe that they need the abuser and cannot handle life on their own. You may have been made to feel that you are completely dependent on your abuser and cannot leave. However, when you begin divorce proceedings, you will likely find that your spouse manipulated you into feeling that way and you are perfectly capable of living without him. You need to be represented by an
Continue Reading Recognizing Spousal Abuse in Your Marriage

If you are paying or receiving child support, you might wonder when these payments will end. Traditionally, child support payments end when a child becomes a legal adult on his or her 18th birthday. However, this is not always the case anymore. There are several situations where a parent might be required to keep making child support payments after the child who is entitled to support turns 18 years old. If you need to establish child support payments or have questions about when these payments might stop, or if you have an ongoing child custody case, a Will County,
Continue Reading When Do Child Support Payments Stop?

While a lot of divorced parents dislike leaving their child with their former spouse for a number of reasons, fearing for your child’s safety when she is with your ex-spouse is another matter entirely. It is normal for divorced parents to disagree with some aspects of each other’s parenting styles or to not always agree with each other’s parenting decisions – for example, you might not like it when your ex-spouse lets your ten-year-old stay up until midnight. However, if you start to notice signs that your former spouse’s parenting decisions are putting your child in danger, you need to
Continue Reading Signs Your Child is Not Safe in Your Ex-Spouse’s Home

The idea of having your children move far away from you might be terrifying. Living a plane ride or a road trip away from the most important people in your could make it very difficult to maintain a strong relationship. Your parental instinct to protect and be there for your children might be screaming for you to stop the move if at all possible. Fortunately, you have the right to contest the other parent’s plan to relocate with your children. A court will not allow your soon-to-be ex-spouse to move far away with the children unless she can prove that
Continue Reading What to Do if Your Spouse Wants to Move with the Kids

Spouses who do not want to live together anymore and need legal agreements regarding their marital property and children can choose between legal separation and divorce. Divorce is the more decidedly permanent option. Legal separation is more easily undone if the spouses choose to rekindle their relationship and start living together again in the future. Most of the decisions spouses would make during the divorce process will also need to be made during the legal separation process. If you choose legal separation, you will need to determine who should take possession of different types of marital property and create
Continue Reading What Are the Benefits of Legal Separation Over Divorce?

In Illinois, parenting time and a parent’s duty to support his or her children are two completely separate issues. Every parent who has not formally lost his or her legal status as a parent has an obligation to provide financial support to his or her children. Child support is proportional to the parent’s income and financial means and can be awarded whether or not the parent owing child support gets parenting time. Illinois courts have one goal – to do what is in the best interests of the child in accordance with the law. If your child is owed child
Continue Reading Does an Absent Parent Still Have to Pay Child Support?

When Illinois courts are deciding on a parenting time calendar, they strive to create the arrangement that is best for the child. One of the factors the court will consider is any temporary or existing arrangements the parents have made regarding childcare. Since most parents stop living together while their divorce or child custody case is in court, most parents have some type of temporary arrangement. These temporary arrangements might be formal and in writing, or they might be casual agreements between the parents. Sometimes the parents even have temporary court orders.
Parents should know that their temporary arrangements
Continue Reading Lasting Effects of Temporary Child Custody Agreements

When there is a lot of conflict in your marriage, and you and your spouse do not have a civil relationship, getting through your divorce will be difficult. If you and your spouse are furious with each other, neither of you is likely to be willing to compromise on which marital assets you keep or how often you each see the children. Uncontested divorce may still be possible, but there is also a chance that you will need to go through divorce litigation to get a fair outcome. If your divorce is filled with conflict, you must be represented by
Continue Reading Tips for Dealing with a Contentious Divorce

When you are getting divorced, you certainly need a DuPage County, IL divorce attorney. Your attorney is the one who can make sure your legal rights are being respected and fight for you to receive a fair and favorable outcome. However, there may be other professionals your attorney might recommend bringing in depending on the situation. For example, if you have a complex marital property situation, you may need financial professionals to help untangle your finances. These types of professionals can assist your attorney in helping you through collaborative divorce or litigation.
Types of Professionals Who Could Help With
Continue Reading Professionals Your Lawyer Might Consult in a Divorce

Divorce can be complicated if one spouse entered the marriage with significant assets while the other came into the marriage largely empty-handed. If you had built up wealth before you got married, you likely have a strong interest in protecting what was yours before the marriage. Fortunately, in Illinois, assets you owned before you were married are considered your separate property. However, your spouse could argue that you voluntarily contributed your premarital property to the marriage, which could entitle him or her to a share of those assets. If you had personal wealth before your marriage began, it
Continue Reading Protecting Premarital Property in Divorce

Once you have a finalized parenting plan, you have every right to expect your co-parent to follow it. These plans, once ordered or approved by a court, essentially have the force of law. Your co-parent could face serious repercussions if they choose not to follow the parenting plan or honor your parenting time. Co-parents can violate parenting plans in a number of ways, from failing to show up for custody hand-offs to making decisions they did not have the right to make on their own. If your co-parent is refusing to abide by your parenting plan, an experienced Will
Continue Reading Child Custody Enforcement Issues in Illinois

Creating a parenting time schedule that meets the needs of the child and provides both parents with the opportunity to spend quality time with their children can be difficult for anyone. When one or both parents serve in the military, making the right parenting plan can be even more challenging. Military parents will often need to build flexibility into their parenting plan if there is a chance that a parent will be deployed before the child turns 18 years old. Most people who serve in the military do not remain stationed in the same place for more than a few
Continue Reading Child Custody Plans for Military Parents in Illinois

DUI is one of the most common criminal charges people have on their records. It is very easy to not think you are too intoxicated to drive and then to be proven wrong after a routine traffic stop. If you are getting divorced with children, your spouse might be threatening to use your DUI against you to get full custody of your children or to otherwise make you look bad. In many cases, this is an empty threat. Having a minor criminal record does not somehow make you entitled to less than your fair share of the marital assets or
Continue Reading Divorce After a DUI in Will County