Latest from Peskind Law Firm Blog - Page 2

Summer is here, and it’s time to start planning your trips. For many people, this is as simple as turning on the computer and booking plane tickets. For others, it’s a bit more complicated. 
When you are co-parenting with a former spouse or partner, there are many more challenges in planning summer vacations and simply figuring out summer schedules for your children. Accordingly, in this article, we will talk about some ways to more easily handle the pressures that come with planning parenting time during the summer.  
If you need help determining what kind of visitation you’re entitled to this
Continue Reading Summer Vacation and Parenting Time

Life brings changes. Sometimes those changes are completely unexpected. When it comes to child custody matters, you want to make sure that any unexpected life changes do not cause any issues with your children after a divorce. That is why the family courts in Illinois, as with other states, allow for the modification of child custody orders after a divorce has been finalized.  
In this article, we will discuss the important issues involving the modification of a child custody order in Illinois. If, after reading this article, you have more questions about modifying a child custody order in your own case, we
Continue Reading How Do I Change A Child Custody Order in Illinois?

Divorce is complicated, both emotionally and legally. It requires you to commit to a legal process about which you likely know very little, and all the while, you must deal with the pain and heartbreak that goes with ending a major milestone in your life. To make the divorce process just a little more transparent, we will discuss the main steps in any Illinois divorce in this article. 
Now, regardless of whether you are entering into an amicable or contested proceeding, here the main steps that you can expect in your Illinois divorce: 
Step 1: Making the Decision to Get
Continue Reading What are the Basic Steps for a Divorce in Illinois?

Can I move and still retain 50/50 parenting time in Illinois?
Obtaining a 50/50 schedule is often an important step in ensuring that you are a part of your child’s life and get to see them often. Sometimes circumstances change, however, and a move further away from them becomes necessary. When this happens, parents often wonder exactly how far they can move and still retain 50/50 custody.
The first thing to consider when answering this question is what your parenting plan says about relocation. The allocation of parenting responsibilities and parenting time that the court set forth at the end
Continue Reading Equal Parenting Time & Relocation


How can I relocate with my child after a divorce as a custodial parent? 
The end of divorce proceedings is a relief for most parties; however, it is not necessarily the end of legal concerns. This is especially true when children are involved. Custody agreements offer specific terms that both the custodial and noncustodial parent must follow. Failure to adhere to them can result in legal consequences and potentially even a loss of parenting time. One of the areas where disagreements and complications most commonly arise is relocation.
What is relocation? 
Relocation refers to moving with children after a divorce,
Continue Reading Moving On: A Primer on Illinois Law Regarding Relocation

Divorce can be an incredibly stressful time for many. A lot of people prefer to avoid divorce at all costs and will often prolong an unhappy marriage. Divorce is expensive, the family is pulled apart, and conflict kicks into overdrive. When it comes down to splitting assets and family division, you see a different side of your former spouse – and yourself. It’s not uncommon to experience symptoms of anxiety and depression during the uncoupling transition. When you lose a partner, you experience new forms of stress, including financial, emotional, sexual, and physical. Due to the amount of stress that
Continue Reading Divorce Self Care

As we enter into the month of love, you may be feeling discouraged or that you have nothing to celebrate. In a culture that romanticizes romance and love, rewrite the narrative and focus on loving yourself! Taking care of yourself mentally and physically is one of the best things you can do, especially during a stressful time like divorce!  
1.) Take time each day to do some form of exercise: Not only is exercise beneficial to your physical health, but it is also a great stress reliever and great for your mental health. Elevate your heart rate to elevate your mood.
Continue Reading Be Your Own Valentine

Sometimes, no matter how promising the beginning, relationships must come to an end. When a partnership is no longer viable, and the parties involved seek a way out, divorce is the best solution. That doesn’t mean it’s the easiest solution, which can be especially true during the era of COVID-19. While much of society ground to a halt, specific industries can’t do the same – the legal system is one of them. This is good news for individuals looking for a divorce, although the process to obtain one might be a bit different than you’d imagine. But whatever you do,
Continue Reading Divorce and COVID-19: New Challenges and Smart Solutions

A divorce is never an easy process, but the COVID-19 pandemic has presented both lawyers and clients alike with an unprecedented set of circumstances. Gathering in a small room for mediation or divorce hearings is no longer a feasible option for many individuals, and the demand for divorce proceedings has been on the rise as the pandemic drags on. To better serve their clients, the courts have turned to a new way of conducting hearings. Let’s take a look.
Virtual Divorce
Much of the world has shifted online, with everything from birthday parties to corporate conferences taking place via video
Continue Reading COVID & Divorce: A New Process for a New Age

The holiday season is a painful reminder of loss and the absence of people no longer in your life. Recovery from divorce or other loss is more challenging during the holidays. As the season is upon us, be mindful of your feelings.
Here are some suggestions to help those transitioning during this challenging time:
1.) Start New Traditions
You no longer are obligated to participate in traditions that were important to your partner or your partner’s family. Let go. You have the opportunity to start new traditions, whether by yourself, with your dog, or alone with your children. It’s not
Continue Reading Holidays and Divorce: When the Holidays aren’t so Jolly

Escaping an abusive relationship can be a difficult and scary situation. Victims of domestic abuse are often afraid to speak out, and many have trouble finding the resources they need. Fortunately, spousal abuse claims are taken very seriously by family courts, which means that the most important thing a victim can do is act as soon as possible.
Take the Necessary Measures Right Away
If you are the victim of violent domestic abuse, your safety is of the utmost importance. Call the police if you are in any immediate danger. From there, contact your local domestic violence relief agency, such
Continue Reading Divorcing an Abusive Spouse

Divorce can be difficult and stressful under the best of circumstances. Domestic violence–or even allegations of domestic violence–can trigger additional issues and challenges. If you are the victim of domestic violence, you may need a protective order before or at the same time you file for divorce, to secure temporary possession of your home and protect against any backlash the divorce petition may trigger.
On the other hand, there are aspects of a divorce case that are largely unchanged in a case involving domestic violence. Of course, the best source of information about how domestic violence may impact your Illinois
Continue Reading Domestic Violence and Divorce in Illinois

I recently wrote about the options for dividing, disposing of, or continuing to operate a business that was owned jointly by a divorcing couple. But, that’s just one of many scenarios that may arise when a business or interest in a business is at issue in a divorce case. 
Here are the key questions in play when one spouse wholly or partially owns the business: 
Is the business a marital asset? 
The general rule is that an asset acquired during the marriage is a marital asset, and an asset one party owned prior to the marriage is not–even if
Continue Reading Dividing Assets When One Spouse Owns a Business

Co-parenting under optimal circumstances requires prompt communication, incredible patience, and the flexibility to change a parenting arrangement with little, if any, notice. Some parents thrive with routines, while other parents adapt well to rapid changes. Rapid change for a child is called summer break, where the educational routines of the past nine months go out the proverbial window to be replaced by an active schedule that requires involvement from both of the divorced parents.
In 2020, we are dealing with a new co-parenting paradigm that is the result of the COVID-19 pandemic. You can say summer break started three months
Continue Reading CO-PARENTING IN SUMMER: HOW TO AVOID THE LEGAL SUMMERTIME BLUES

Sharing parenting time can be a challenge, even when both parents live in the same town. Distance, of course, makes splitting time and exchanging children even more complicated. When the parents live in different states, there may be added legal issues and procedural requirements, as well. 
Practical Issues in Interstate Custody Cases
One obvious challenge in most interstate cases is the way travel time and expense may limit the options for parenting time. Of course, these limitations have more to do with distance than with state lines. When one parent lives in Elgin and the other in Lake Geneva, the
Continue Reading Parenting Across State Lines

Divorce When You Share a Business
Division of assets in a divorce can be a difficult and contentious process under any circumstances. When there’s a business in the mix, the stakes are often higher and the process even more complicated.
The options for divorcing business owners vary depending on several factors, such as: 

  • Whether one party owned the business prior to the marriage
  • How the business is structured and owned
  • Whether there are outside owners of the business
  • Whether there is a prenuptial agreement in effect
  • Whether there is a buy-sell agreement

Even within a category, the answer may not
Continue Reading Navigating Divorce When You Share a Business