Latest from Kane County Divorce Blog

Parental alienation, which is when one parent tries to interfere with the relationship between a child and her other parent, sometimes happens in hostile marriages or divorces. Parental alienation affects the child deeply and can even be viewed as a form of child abuse in Illinois. In 2013 the Illinois legislature designated the month of April as Parental Alienation Awareness Month.
Because parental alienation is a serious concern, it is also a serious accusation and has legal consequences. Make sure you know the signs of parental alienation and what actions you can take if your child is being
Continue Reading How Do I Know If My Ex is Alienating My Child From Me?

While parents and courts try to make parenting time arrangements as stable and consistent as possible, sometimes plans change. The child is then forced to adapt, which can increase confusion for a child already suffering from it.
For this reason, some parents choose to put a “first right of refusal” clause in their parenting plan. This article will discuss what a parenting plan is and why you might consider requesting the first right of refusal.
As always, it is best to consult with an experienced family lawyer if you have any questions about parenting time.
What is a Parenting Plan?
Continue Reading Do I Have First Right of Refusal to See My Child in Illinois?

Couples who decide to get married are often encouraged to sign a prenuptial agreement. This agreement outlines what will happen to property belonging to each party and the couple as a whole in the event of death or divorce. It becomes effective upon marriage.
Although signing a prenuptial agreement can be helpful in many scenarios, it is legally complex and should be drafted by an attorney who is experienced in family law. 
If the couple decides to divorce, a prenuptial agreement often becomes a major factor in the divorce proceedings. This article will discuss the benefits of signing a
Continue Reading How Can a Prenuptial Agreement Affect a Divorce in Illinois?

Under Illinois law, divorces are not anyone’s “fault.” The only legal basis for divorce is “irreconcilable differences.” Sometimes those differences are so great that at least one spouse might be looking to move on even before the divorce is finalized. 
It is not illegal to enter a new romantic relationship before your divorce is final, and it will not make the divorce your “fault.” It can, however, complicate the divorce process for you and those around you. It is advisable to consult with an experienced divorce attorney before committing to a new relationship while your marriage is still valid.
Continue Reading Can I Date Other People Before My Divorce Is Final?

One of the most commonly discussed topics in parental divorce is child support. Sometimes, one parent has more time with the children and responsibility for them and the other has more flexibility to work and earn a living. In that case, it is generally straightforward; the parent who works more pays child support to the parent spending more time raising the children. But sometimes, the parents have equally shared custody, and neither parent can claim to be spending more time with the kids. If you believe you will have a 50/50 custody arrangement with your spouse, you will
Continue Reading If Parents Have Equal 50/50 Custody, Is There Child Support in Illinois?

A prenuptial agreement can often be an excellent thing for an engaged couple to sign as they prepare for married life. It will get them in the habit of thinking about their money and assets not as theirs individually but as theirs as a couple. It can also give them a great deal of peace of mind, knowing that if the marriage does not succeed, their finances will be protected and they will have a fair settlement.
However, many couples do not sign a prenup. For some, the idea of planning for a hypothetical divorce before even giving their marriage
Continue Reading Should We Sign an Illinois Postnuptial Agreement?

Child support obligations generally end on a child’s 18th birthday. In some cases, they end when the child graduates high school. However, under certain circumstances, parents might be required to continue making payments for their children even when they are no longer considered minors. For example, divorced parents in Illinois can be obligated to create a plan to cover their child’s college education. Additionally, child support obligations can extend beyond that point for several years and might never end in the child’s lifetime if the child has special needs. If you are going through a divorce and your child
Continue Reading When Do Child Support Obligations Apply for Adult Children in Illinois?

Custody disputes can be quite complicated to resolve when parents get a divorce. The people involved often feel tense and emotions can run high. Trying to figure out how parental responsibilities and rights will be divided can be especially challenging if either parent’s mental health and emotional regulation are in question. If one parent expresses concerns that the other is psychologically incapable of properly caring for their children and providing them with a safe and stable home, the courts will take such concerns very seriously as they attempt to draft a settlement that will ultimately serve the child’s best interests.
Continue Reading When Are Psychological Evaluations Used in Illinois Divorce?

Acknowledging that your marriage has failed is no easy task. With a divorce looming, you might find you are emotionally and even physically overwhelmed by everything you need to think about. Who will get our home? What will happen to our retirement funds? If you have children, these questions only increase. Trying to make plans for an uncertain future can be stressful, especially if you do not have any previous experience with divorce.
It is wonderful if you have friends and family around who want to help and support you during this difficult period. But beyond the emotional and even
Continue Reading Should I Consider Divorce Coaching in Illinois

The first official step that needs to be taken when a couple understands that they want to begin divorce proceedings is to file for divorce. You might worry that if your spouse files for divorce first, it could somehow influence how it will play out. In truth, this does not have much of an impact. This article will explain why. If you have any further questions about whether your divorce will be affected by whoever files for divorce first, a knowledgeable St. Charles, IL divorce lawyer can offer more detailed explanations.
Will I Seem Guilty if My Spouse Files for
Continue Reading Will My Illinois Divorce Be Affected by Who Files First?

When parents get a divorce, they generally try to figure out where each ex-spouse will live and come up with a schedule for which home the children go to when. That is certainly the most common custody arrangement, but not the only one available. Some parents decide to keep the children in the family home, and instead of the children moving from home to home, the parents alternate when they stay at that home. Otherwise known as birdnesting, this option is not for everyone, but under certain circumstances, it can work wonderfully. If you and your spouse are considering
Continue Reading What Is Birdnesting Custody in Illinois?

The state of Illinois has specific rules for determining parentage. A woman giving birth is automatically legally recognized as the biological mother. If she is married to a man at the time of the birth, her husband is automatically recognized as the father without any need to prove this to be the case. Things become more complicated when the mother is not married when she gives birth. There are several ways to determine your paternity so that it is legally recognized. If you are not married and you are about to become a father, speak with an experienced St. Charles,
Continue Reading How Does a Voluntary Acknowledgement of Paternity Work in Illinois?

Parents going through a divorce generally find it to be quite a tumultuous process. After a breakup, most exes prefer to spend time apart as they lick their emotional wounds and figure out how to move on. When parents go through a breakup, they are not given that privilege. They need to form a mutually acceptable parenting plan and navigate their transition from being married parents to being two parents raising their children separately. They need to reach a settlement that includes stipulations about child custody, child support, and parental responsibilities. While it might be natural for the parents
Continue Reading Tips for Newly Divorced Parents in Illinois

When a couple goes through a contested divorce, it means that the spouses are not in agreement about some aspect of the divorce settlement. When this happens, evidence must be gathered from both parties so that the relevant authorities can make a decision based on fact. If either spouse is unwilling to hand over information that they are asked for, a subpoena might be used to compel them to do so. If you have questions about the role a subpoena might play in divorce, a knowledgeable Kane County, IL divorce lawyer can explain further.
What Does a Subpoena Mean in
Continue Reading What to Know about Subpoenas in an Illinois Divorce

A major topic in divorce relates to how parents raise their children when they are no longer married. In Illinois, parents need to file something called a parenting plan with the court. This is essentially an outline that dictates every aspect of how their children will be cared for, both physically and mentally, since it includes things like where the child will live and which parents can make various important decisions on their behalf. When formulating a parenting plan, having a knowledgeable Kane County, IL child custody lawyer on your side can be invaluable for helping you sort through all
Continue Reading Illinois Parenting Plans 101

Divorce is a topic many people prefer to avoid. Whether they do not want to think about the possibility that they would get a divorce or it simply does not seem relevant to their lives, it is not a topic people generally bring up out of the blue. Perhaps that is why there might be some confusion about what a divorce entails. This article will go over some common aspects of divorce in Illinois. If divorce is something that might be pertinent to your life, you should speak with a knowledgeable St. Charles, IL divorce lawyer to find out more.
Continue Reading An Overview of Divorce in Illinois