Posted on February 09, 2024 in Divorce

For some people, going on a trip can be a stressful mix of unnecessary spending, logistics, sleep arrangements, and getting children settled in a new environment just when it is time to return home. For others, travel is an excellent way to unwind, experience new things, and come home rejuvenated. 

If the second category describes you, then a trip might be exactly what you want especially when you are in the midst of a nerve-wracking divorce process. You might want to go on a trip with your child to help you enjoy some quality time together away from the negativity that might characterize the divorce proceedings. 

However, until any parenting arrangements have been finalized in a divorce, there may be questions as to whether or not you are legally permitted to take your child with you on a trip. If you are thinking about booking travel plans for you and your child before your divorce is finalized, a DuPage County, IL divorce lawyer can walk you through the implications and help you decide how to move forward.

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 Posted on January 30, 2024 in Divorce

Whenever a couple regrets being married, divorce is a very common option available to them. However, if they can meet certain criteria, annulment can also be a relevant possibility. As it is a less common procedure, people are generally less familiar with what exactly an annulment is. Divorce legally ends a marriage, while annulment legally deems it invalid and therefore not something that needs to be ended. As such, there are specific conditions that need to be met for a marriage to be annulled rather than ended by divorce. If you and your spouse do not want to stay married, a Wheaton, IL, divorce lawyer can explain what is involved in an annulment and help you decide whether this might be the right step for you.

What Are the Criteria for Annulment?

While divorce legally ends a valid marriage, an annulment is how the courts in the State of Illinois declare a marriage invalid. The court can issue a declaration of invalidity of marriage and then it is as if the couple was never truly married to begin with.

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 Posted on January 23, 2024 in Asset Division

A common question that people going through a divorce ask is what they should do with the home they share. Real estate is a significant asset generally worth a lot of money. In addition to financial value, some people put a lot of time and effort into a renovation that turns it into the home they always dreamed of. Other people have a strong emotional attachment to their home, as it is a part of their memories of important stages in their lives. It is easy to see why the question of what to do with a family home in a divorce is no simple matter to answer. If you are going to get divorced and find yourself struggling with the same issue, an experienced Wheaton, IL, property division lawyer can offer you guidance and help you weigh your options.

Why Is This Such a Complicated Issue to Resolve?

Unlike other assets that can be divided based on their monetary value, several factors go into the decision of whether or not you want to keep your home after a divorce. When you think about the home, are your memories of it positive or negative? Did you invest in renovating it? Is it your dream home or just a place where you happen to live?

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 Posted on January 16, 2024 in Divorce

Fighting is a normal part of marriage. Generally, in a healthy marriage, the spouses can take some time to process their anger, and then figure out together how to move beyond the argument and forgive each other. For some couples, the fighting never ends. People who find themselves constantly fighting at home might want to stop it from happening, and one way to do that is to end the marriage. If you and your spouse are no longer happy in your marriage but you are not yet ready for divorce, a Wheaton, IL divorce lawyer can explain what happens in a legal separation and see if it might be a good option for you.

Why Choose Legal Separation Over Divorce?

Some people have the mistaken idea that legal separation just means one of the spouses moves out. In truth, it is very similar to divorce. Couples who are legally separated remain married but can maintain completely separate lives. Much like divorce, legal separation also requires that the spouses undergo a legal process to figure out how their future finances and parenting will look once they are no longer living together as a married couple.

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 Posted on January 08, 2024 in Divorce

When a couple goes through a divorce, the spouses need to reach a settlement that will describe what they will need to do once the marriage is legally over. The settlement will include how any marital property and other assets will be divided, if either spouse will need to make spousal support payments, and what will happen with their retirement funds. If they have children, they will also need to draw up a parenting plan that will detail how they will divide parental rights and parental responsibilities. These agreements serve as an outline for the spouses to follow so that things are not left to doubt. If either ex-spouse fails to fulfill any of their responsibilities, it can have serious consequences for the other spouse. If you are in such a situation, an experienced DuPage County, IL, divorce lawyer can offer you guidance and help you navigate your options.

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 Posted on December 27, 2023 in Adoption

No two people are the same. We are all raised differently, come from different backgrounds, and have unique personalities. Similarly, no two marriages are the same. And that is why there is no one way to end a marriage that works for everyone. Some people find that they cannot communicate productively with their spouse and will need others to help them reach an agreement. Some people split with their spouse on good terms and can avoid fighting things out in court to reach a settlement. If you are considering divorce and are not sure which path is best for you, a DuPage County, IL, divorce attorney can explain your options and help you figure out how you want to move forward.

How Does Mediation Work?

In most cases, divorce mediation is a fairly straightforward process. The mediator is an unbiased outsider whose primary goal is to help both people leave feeling satisfied with the settlement. As such, both spouses generally think that they were given equal opportunities to voice their opinions and advocate for their interests. The spouses sit in separate rooms, and the mediator moves back and forth between both, asking questions, relaying answers, hearing each person’s concerns and considerations, and suggesting what they believe both spouses would consider reasonable compromises until a settlement is formulated. Just like in all other types of divorce, a settlement reached in mediation needs to include agreements about all the aspects of divorce, including:

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 Posted on December 19, 2023 in Divorce

Divorce can be one of the most difficult processes for people to go through. Like any breakup, you can feel heartbroken and sad, but on top of it, you need to go through legal proceedings to painstakingly divide all of the assets you amassed together. If you are parents, you need to draft a plan for how you will both continue raising your children, but separately. You might need to work out arrangements for retirement, health insurance, student loans, and other issues that you would have handled together had you remained married.

However, some divorcing couples are able to end their marriage amicably. Just because the spouses no longer want to stay married doesn’t mean they need to act like enemies and make it impossible to reach agreements with each other. If you and your future ex-spouse can communicate productively, a knowledgeable Dupage County, IL, divorce lawyer can talk to you about whether an uncontested divorce might make sense for your situation.

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 Posted on December 14, 2023 in Adoption

When any couple goes through a divorce, there are so many issues they need to figure out. When the couple also shares children, these issues are confounded. It is common to think about child-related issues in a divorce to revolve around matters like joint custody, where the child will sleep and when, who gets them for each holiday, who decides whether they can take karate, gymnastics or swimming, who they spend their summer vacation with, which parent gets to make medical-related decisions, and a ton of other questions that happen to be more relevant for discussions about young children.

The issue is that couples can get divorced at any stage in their life, and the timing of their divorce could impact issues that you might not have even considered. For example, if you are considering divorce and you have children who will soon be graduating high school, it could be helpful for you to speak with a knowledgeable DuPage County, IL, divorce lawyer. They can explain everything you need to think about to help you reach an agreement that will benefit your child and protect your rights.

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 Posted on December 07, 2023 in Divorce

The State of Illinois takes accusations of domestic violence very seriously. Anyone who issues a complaint can be granted an Order of Protection, or a restraining order, which will have legal authority to demand that the alleged abuser stays away from the alleged victim. If danger seems imminent, an almost automatic process can grant an Emergency Order of Protection.

While it is wonderful that these accusations are taken so seriously and can be dealt with so quickly, false accusations are sometimes made and the accused party can suffer unnecessarily. If you believe you have been wrongfully accused of domestic violence and you want to see your children, an experienced DuPage County, IL divorce lawyer can assist you by compassionately ensuring that your rights are protected.

How Should I Respond to an Emergency Order of Protection?

As soon as a domestic abuse claim is made, a court procedure is initiated to decide whether there are reasonable grounds for an Order of Protection. In some cases, the court will investigate the claims exhaustively but in other cases, testimony from an accuser is sufficient for an Emergency Order of Protection (EOP). When this is granted, the restraining order takes effect immediately. At that point, the accused spouse will receive a notice that includes important information like:

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 Posted on November 27, 2023 in Divorce

Credit card debt is a widespread issue across America and poses a particular challenge during divorce. If either spouse has student loans, a mortgage, personal loans, or credit card debt, what happens to it will be decided as part of the debt division to be settled in divorce proceedings. If you are considering divorce and are concerned about your spouse’s credit card debt, a knowledgeable divorce lawyer can offer insight into the process and help you protect your rights.

How Is Debt Distributed in Illinois?

Illinois is considered an “equitable distribution state” for the division of both assets and debts. This means that decisions about how assets and debts will be distributed in divorce will be guided by the goal of ensuring that neither spouse is unfairly financially disadvantaged. However, several other issues will be taken into consideration, including:

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