Kane County Divorce Blog

Latest from Kane County Divorce Blog

On average, people are putting off getting married and having children until their late twenties and early thirties. In addition to giving people more time to accumulate assets of their own, those who wait until later to get married may be more likely to have pets when they enter the relationship. Other times, a couple who is already married might test their ability to keep a helpless creature alive by getting a pet before they commit to trying to have a baby.
However you come to pet ownership, one thing is certain: If you and your spouse end up getting
Continue Reading Is a Prenuptial Agreement That Discusses Pets Enforceable?

A compromise leaves everyone unhappy, as the old saying goes, and nowhere is this more true than with a divorce decree. The hallmark of a good divorce decree seems to be that both spouses are left wishing they had more control over the outcome and that the terms of the decree benefitted them more personally.
Although certain parts of a divorce decree can only be changed in very rare circumstances, other parts can be modified to better suit your circumstances. However, it is important to know when a divorce decree modification petition is likely to be approved so you do
Continue Reading Should I Appeal My Illinois Divorce Decree?

One of the most challenging aspects of divorce is the need to divide assets and debts that a couple has accumulated during a marriage. A divorcee’s long-term financial stability can feel threatened by this process, as a typical divorce leaves both partners with less in asset ownership and cash savings than they had before the divorce. Naturally, this can have implications for retirement.
Those interested in getting divorced can rest easy, however, knowing that certain things are not changed by divorce. One of these is Social Security benefits, a major piece of one’s overall financial picture. Understanding what your benefits
Continue Reading Will I Need to Split Social Security Benefits with My Ex-Spouse?

No matter what your marital arrangements look like, parenting involves making significant sacrifices for your children. Unfortunately, some parents end up making major economic sacrifices to raise their children by staying home to provide childcare and then are left in a vulnerable position when they need to file for divorce. If you are in this situation, understanding your options for getting divorced is an important part of protecting yourself now and in the future.
Temporary Spousal Support
When only one spouse works outside the home, that spouse often ends up controlling most or all of a couple’s finances. That
Continue Reading How Can a Stay-At-Home Parent Get Divorced Without Money?

Questions or disputes over paternity are very common, especially when the parents of a child have already separated or never had a formal relationship in the first place. Prospective mothers, who may be facing pregnancy and childbirth without a partner, are often torn between the benefits of establishing paternity and the drawbacks of establishing a permanent legal relationship between a child and a man whom she may not trust or know very well – or worse, that she fears.
If you are pregnant or recently gave birth to a child and are wondering whether the benefits of establishing paternity for
Continue Reading Do I Need to Establish Paternity?

College is notorious for being exorbitantly expensive; even if a child attends an in-state school, they could be paying tens of thousands of dollars a year to earn a degree in a field that may or may not have good prospects for future financial success.
Many parents, especially those who are divorced and who do not share values and priorities, are torn over whether the cost of sending a child to college is ultimately worth it. While parents who are still married cannot be compelled to pay for an adult child’s college education, many parents who are divorced may
Continue Reading Can a Parent Be Required to Pay for an Adult Child’s College Expenses?

After parents of minor children get divorced or break up, they need to formalize several different categories of arrangements that will determine how the co-parenting process will work. This can involve a lot of frustration and negotiation as parents, who are often separating precisely because they have fundamental differences in values and judgment, struggle to reach an agreement about what is best for their children. 
One of the most common areas of conflict has to do with a child’s education. Where should the child go to school? Should both parents be expected to ensure a child’s homework gets done and
Continue Reading What if My Ex Wants to Send Our Kids to a Different School? 

In times past, people had to prove fault when they wanted to get divorced. This meant bringing evidence before the court that their spouse was abusive, cruel, neglectful, or had abandoned the family. Now, however, thanks to an updated family law code, the only “grounds” for divorce in Illinois is irreconcilable differences, meaning that the relationship has broken down and does not stand a chance of recovery. 
On a theoretical level, at least, most people would agree that infidelity is a good enough reason to end a marriage. When it actually happens, however, people often feel more torn; is one
Continue Reading Is a Cheating Spouse a Good Enough Reason to Get Divorced? 

The divorce rate in Illinois and across the nation is continuing to drop, and couples who do get divorced are generally doing so more deliberately than past generations. Because many Millennials and Gen Zers grew up watching their parents fight their way through miserable divorces and custody battles, these generations have shifted their focus to finding a more peaceful divorce process whenever possible. 
An uncontested divorce is one way that couples who want to get divorced can reach an agreement on important issues like property division, spousal support, and a parenting plan. However, even if you are
Continue Reading Should We File for an Uncontested Divorce? 

When a couple decides to get divorced, both spouses usually agree that the relationship has come to an end and participate in the divorce process together. Sometimes, however, one spouse opposes the divorce and refuses to cooperate. Other times, a spouse is missing and cannot be located. In these cases, the partner who wants to file for divorce may be desperate to get out of an abusive, unhappy, or defunct relationship but may not be sure where to begin. Fortunately, something called a default divorce judgment is available in Illinois that may be useful to people to find themselves
Continue Reading When is a Default Judgment Granted in an Illinois Divorce? 

In 2014, Gwyneth Paltrow and Chris Martin announced they were getting divorced using a very particular phrase: “Conscious uncoupling.” The couple faced widespread public derision over the term, which was seen as snooty and foolish. However, in the years that have followed, the public at large has begun to recognize the values embedded in the idea of a conscious uncoupling: That parents of minor children, even if they decide to end their marriage, can still be committed to divorcing carefully and co-parenting in a way that puts their children’s interests first. 
One strategy under Illinois law that allows parents to
Continue Reading An Overview of the Right of First Refusal in Illinois Parenting Plans

Most people getting divorced are doing so for the first time. Uncertainty is normal and having questions is common. Even if you are sure that you want to get divorced and have a sense of what you want to get out of the process, you may be unsure of how to choose the right divorce attorney. With so many options out there, it can be difficult to know what to look for and even what questions to bring to your first meeting. At [[title]], our Illinois divorce attorneys are prepared to guide you throughout your divorce – including a few
Continue Reading What Should I Ask My Divorce Lawyer During Our First Meeting? 

Child custody issues can be complicated. Emotions are often running high and the parties involved are looking for a fair outcome. In many child custody disputes, each parent has a very different idea of what is best for their child.  This is why many courts use a child custody evaluation.
A child custody evaluation is an assessment of each parent’s ability to provide for their children and the best interests of the children involved in the dispute. The court will appoint a neutral, third-party evaluator who has experience in family law or mental health counseling. 
Child Custody Evaluations in Illinois 
Continue Reading What Happens During a Child Custody Evaluation? 

Divorce involves much more than a couple merely deciding to end their marriage. To complete the divorce, the spouses must address several crucial issues, including the division of their shared assets and debts, child custody, spousal support, child support, and more. Most of these issues involve finances, so one of the first steps in any divorce is to complete a financial disclosure.
The Illinois Marriage and Dissolution of Marriage Act requires both spouses to provide full and accurate financial information to each other and to the court. This is accomplished through the use of a Financial
Continue Reading How Are Discovery Tools Used to Find Undisclosed Assets and Income? 

Divorce can bring out the worst in people – especially in a high-conflict divorce. Sometimes, antagonistic behavior during a separation or divorce escalates to stalking. Following someone to school or work, calling obsessively, monitoring their social media, or showing up uninvited at their home are all examples of stalking behaviors. If your ex is stalking you during divorce, it is important to take action to protect yourself and your children.
How to Handle Stalking During Your Illinois Divorce
Stalking can involve many upsetting, unnerving, and even frightening actions and behaviors. Some people cannot accept that their marriage is
Continue Reading What Can I Do If My Ex is Stalking Me During Divorce? 

The state of Illinois expects parents to financially support their children even if they are unmarried or divorced. Child support payments help divide the financial burden between both of the parents. The parent with the lesser amount of parenting time provides financial support to the parent with the greater share of the parenting time. The parent with the majority of parenting time makes his or her financial contributions to the child by paying for things like housing, groceries, and other everyday expenses.
If you are the paying parent or “obligor” you may be worried about your ability to make child
Continue Reading Is There Any Way to Lower My Child Support Payment?