Kane County Divorce Blog

Latest from Kane County Divorce Blog

The COVID-19 health crisis has affected the lives of virtually all Americans, closing down businesses, schools, and even courthouses across the country. Health experts have long indicated that the shutdowns were and are necessary to slow the spread of the coronavirus, but the response has forced many Illinois parents to amend their existing parenting plan and left significant questions about handling shared parental responsibilities. For example, if you are subject to a shared parenting time arrangement, you may be wondering how you are supposed to handle a situation in which the other parent is not taking social distancing,…
Following a divorce, if you had previously assumed the surname of your spouse, you have the option of returning to your birth or maiden name. This request can be included in a divorce petition, and it will typically be approved by the judge. To change your name later on, or to change the last names of your children, a separate court order must be filed. Changing the names of your children you had with your ex-spouse is more complicated than changing your own, and having an attorney with experience in name change cases can help immensely. Name Changes for…
When you have made the decision to get divorced, there are many things that you need to do to prepare for the process. Among these is finding a divorce attorney who is willing to advocate on your behalf and fight to protect your best interests if necessary. Once you find the right lawyer, you will want to meet and spend some time with him or her so your attorney can best represent you. The more information you provide, the better your attorney is able to handle your case. As you go into the first meeting with your lawyer, there…
Adoption is a lifetime commitment to a child that should not be taken lightly, and no matter how rewarding the ultimate outcome may be, it is rarely an easy process. Adopting a child of your spouse is often more straightforward than the adoption of a non-biological child, but it is still important to have competent representation. A qualified family law attorney can help you through the process of a stepparent adoption and ensure that your family’s rights are protected. Stepchild Adoption in Illinois In Illinois, an adult who is at least 18 years old, has a good reputation, and is…
Divorce does not have to be bitter and expensive. In many cases, a couple has the basic agreement worked out before the divorce is even filed. This is generally known as an uncontested divorce, and such a resolution may be possible if you and your spouse are able to work together amicably. It is a good idea, however, to ask a qualified divorce attorney to at least review your agreement before you submit it to the courts. Advantages of Uncontested Divorce An uncontested divorce means that the two sides have no issues to argue over. They file jointly for…
It is one thing to tell your spouse that you want a divorce. However, telling your children that you and their other parent will be divorcing is another thing altogether. While parents are likely to worry about how their divorce will affect their children, it can actually be the best option for both the adults and children. Rather than experiencing regular conflict and tension between parents, children can benefit from growing up in a less stressful environment. When breaking the news of divorce, parents will want to approach the conversation in a way that helps children understand and prepare…
Getting a divorce is not easy, especially when children are involved, and it is important to understand the decisions you and your spouse will need to make regarding your children. Prior to 2016, Illinois still used the terms physical custody, legal custody, and visitation when dealing with divorces that involved children. After substantial reforms to the Illinois Marriage and Dissolution of Marriage Act in 2016, there are now two major components that you must address if you have children and are seeking a divorce: parental responsibilities and parenting time. These changes were made in recognition of the way parenting…
Adoption can be a long and complicated legal process that tests the patience of even the most dedicated families. There are a number of loose ends that need to be tied up before an adoption is finalized. Among these is obtaining consent from all appropriate parties for the adoption. That often means getting permission from the child’s biological parents, as well as the adoption agency. In some circumstances, you might even need the child’s permission to adopt him or her. Getting consent from the child’s birth parents or adoption agency means that they are handing over all related rights and…
When determining parenting arrangements for children during divorce, there are rules that help determine a child’s future based on his or her well-being. Divorcing couples will also need to determine how to divide their property and assets. However, what happens when the property shared between a couple is a living thing? For many years, Illinois law treated pets as property, similar to a television or furniture, but the law was recently changed, and additional considerations now apply to pets during a divorce.  What Has Changed? In 2018, an amendment to the Illinois Marriage and Dissolution of Marriage Act…
There are currently about 2.3 million Americans incarcerated in the United States, approximately half of whom are parents. Furthermore, one in five has a monthly child support obligation. In most situations, this obligation simply remains unpaid, because for many, the small income that may be available for working within the jail or prison will not cover the costs. If the individual is serving an extended sentence, the unpaid support can accumulate to become an insurmountable debt. Throughout all of this, however, the children still need financial support from both parents. Support Options for the Recipient Parent If you are the…
If you are facing the possibility of a divorce, you and your spouse will need to resolve a number of issues. For many couples, property and money-related concerns are among the most challenging considerations. You have likely worked hard to earn what you have, so the possibility of “losing” your hard-earned assets during your divorce may not sit well with you. You may also be concerned about the possibility of paying maintenance—also known as spousal support or alimony—which can lead to disagreements as you are headed for a divorce. Depending on where you are in the divorce process,…
According to recent estimates, there are almost 4 million divorced parents in the U.S. today. For such parents, the winter holiday season can be particularly tough to manage, as extended family members often travel great distances to celebrate and to see the children. While far fewer families are likely to travel this year compared to previous years, the holidays are still likely to be challenging for parents who share parental responsibilities. The first thing you should keep in mind is that, no matter what you do, you will not be able to please everyone. Someone along the way is…
No matter how mutual the decision may be to end a marriage, choosing to divorce is never an easy undertaking. Even the smoothest divorces mean big changes for both parties, and depending on financial circumstances and whether or not children are involved, those changes can have a ripple effect that impacts everyone in the household for some time to come. Divorce is just as much emotionally taxing as it is financially, compounding the burden for the entire family. Given the potentially overwhelming nature of ending a marriage, it is understandable why some couples want to avoid the divorce process altogether.…
Did you know that, on average, 24 people per minute are victimized by physical violence, sexual violence, or stalking by an intimate partner in the United States? This amounts to more than 12 million women and men each year. It is estimated that one in three women and one in four men in this country will be a victim of domestic violence at some point in their lives. In addition, 75 percent of domestic violence victims have children living in the home with them. Efforts have been made to provide better protections from domestic violence, but there is still work…
Across the country, thousands of unmarried but committed couples have made the decision to move in together. This reality is undoubtedly a reflection of changing social mores, but some research suggests that couples who live together before marriage may have a greater chance of getting divorced than those who wait to live together until after their wedding. Research on Cohabitation and Marital Satisfaction One recent study surveyed over 1,000 married people between the ages of 18 and 34 to gain insight into the relationship between cohabitation and marital satisfaction. All participants had been married for ten years or less. Some…
After a divorce, Illinois law permits a parent to move with their children to a new location within 25 miles of their current home in the counties surrounding Chicago, or within 50 miles of their current home anywhere else in the state, in some cases even across state lines. Relocations of a greater distance are sometimes possible with the approval of the court. However, regardless of your intended destination, a move can create significant stress for your children. Factors to Consider Before Making the Decision to Move If you are preparing for a divorce and are considering the possibility…