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Naperville family law firmThe coronavirus has been in the news for weeks now. The virus, also known as COVID-19, has spread rapidly across the world and the United States. There are currently more than 140,000 cases of Coronavirus in the United States, with over 2,400 deaths to date. The virus has been quickly spreading across the country, and currently, the primary recommendations made by the Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO) are to practice social distancing. This has led many states, including Illinois, to enact stay-at-home orders, requiring residents to only leave their homes for life-sustaining reasons. This has also led many people to wonder how this order will affect their parenting time and parenting plans.

Understanding the Executive Order

Illinois Gov. J.B. Pritzker issued an executive order on March 20, 2020 that requires all Illinois residents to stay in their homes and avoid social gatherings. The order still allows people to leave their homes for outdoor activities, such as walking the dog or exercising, or for other essential errands, such as going grocery shopping, getting gas, or picking up prescription medications. Travel has also been restricted to essential travel only, though roadways will still be open. Essential travel includes travel to care for the elderly, minors, or other vulnerable people, travel to return to one's residence, and travel for other essential tasks.

Complying With Visitation Orders

The order also states that “travel required by law enforcement or court order, including to transport children pursuant to a custody agreement,” is permitted. This means that your parenting time should not be impacted by the stay-at-home order. However, there are exceptions. If you or your child’s other parent are exhibiting symptoms of COVID-19, it may be in the children's best interests to forego parenting time with that parent until you have been tested for the virus and have been found negative. The most common symptoms of COVID-19 include:

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Posted on in Family Law

COVID-19 FAQ

Q: What will happen to the court dates I have scheduled?

A: Kane, DuPage, Kendall and DeKalb Counties have all suspended non-emergency court dates through April 17, 2020. In Kane County, the judges are offering teleconferencing for previously scheduled pre-trial conferences and our office is working with our opposing counsels to move forward with those scheduled matters. The Circuit Clerk's Offices will be sending new dates for previously scheduled Case Management Conferences and status hearings. If your case was set for an extended hearing or trial, it is likely that those new dates will be scheduled after the courthouses resume regular operations. Should any circumstances change, we will be in touch with all of our clients to update you.

 

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Naperville postnuptial agreement lawyer50 years ago, your average American probably would have raised their eyebrows in disbelief or widened their eyes in shock if you told them that you were getting a prenuptial or postnuptial agreement. For years, there was a stigma against these types of agreements as being a way to plan for a divorce instead of trying to make a marriage work. Now, most people are much more agreeable to the idea of prenuptial or postnuptial agreements. Both types of agreements allow you to set forth terms for separation if your marriage heads down the track of divorce. The only difference between these two types of agreements is when they are signed — a prenuptial agreement is signed before the marriage, while a postnuptial agreement is signed any time after the marriage has been officiated.

Reasons to Get a Postnuptial Agreement

Prenuptial and postnuptial agreements are more common than they ever have been before, even for those who are not considered upper class. There are many situations in which getting a postnuptial agreement makes sense. These can include:

  • One spouse came into the marriage with significant assets, and a prenuptial agreement was not signed.

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Naperville Legal Separation AttorneyComing to the decision to get a divorce does not happen suddenly. It often takes couples months or even years to reach the point where they no longer want to be married. In the time between the start of marital trouble and the signing of divorce papers, couples often live apart from one another and lead separate lives. During this time, a couple may file for a legal separation, allowing them to address certain issues while they live separately. Following a legal separation, a couple will remain married in the eyes of the law. However, at any point, either spouse may decide to move forward with their divorce.

What Is a Legal Separation?

A legal separation is the “official” way of saying that you and your spouse are taking a break from one another. To get a legal separation in Illinois, there are a few requirements that you must meet. One of the most basic terms requires either you or your spouse to be a resident of Illinois for at least 90 days. Then, you will need to file a petition for legal separation in the court of the county that you or your spouse lives in. The petition will contain specific personal information, but most importantly, it will contain proof that you and your spouse currently live separately from one another and are not financially dependent on each other. During the process of legal separation, you will create a separation agreement that addresses how you will handle issues such as child custody, child support, spousal maintenance, and the division of marital property while you are living separately.

Can I Benefit From a Legal Separation?

Many people think that getting a legal separation will end their marriage. While it is true that a legal separation and a divorce have many similarities, they are not the same. A legal separation is a good stepping stone for couples who are contemplating the possibility of a divorce. A separation is not permanent, so it can sometimes allow a couple to reconcile and get back together. It may also allow spouses to maintain some of the benefits of being married, such as insurance coverage, while living separately, and it may be an option for ending a relationship while avoiding divorce for religious, cultural, or family reasons.

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Wheaton domestic violence attorneyDomestic violence is something that is, unfortunately, all too common. According to the National Domestic Violence Hotline, more than 12 million people experience some sort of violence or abuse by family members or romantic partners each year. According to Illinois law, domestic violence occurs when a family or household member commits any act of abuse toward you or other members of your family or household. You do not have to be related by blood or even marriage for an act to be considered domestic violence; it can occur between people who are dating (or formerly dated) or even just people who live together (or formerly lived together). Abuse is not limited to physical harm, but can also be sexual or emotional.

Fortunately, there are things you can do to protect yourself and your family members if you are experiencing domestic violence. Getting an order of protection can be extremely beneficial in any domestic violence situation.

What Is an Order of Protection?

An order of protection is a civil court order that can protect those who have experienced domestic abuse. The order of protection will contain certain stipulations that limit what the respondent (your abuser) cannot do or is required to do. These rules are known as “remedies”. As a court order, the respondent is bound by law to obey the terms of the order, or they could face criminal penalties.

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