Posted on January 30, 2024 in Division of Assets

Marital property belongs to you and your spouse, not just your spouse. Almost any property either of you acquires during the time that you are married will be considered marital property in Illinois. There are a few exceptions, like proceeds from a personal injury lawsuit, a gift or inheritance meant for just one of you personally, or any premarital property that has not been contributed to the marriage, that can be considered separate property in most cases. However, income earned by either spouse and any asset that income is used to purchase or build is indeed marital property in the state of Illinois. If you are getting divorced and you suspect that your spouse may be hiding assets from you, it is important to consult an experienced Wheaton, IL, family law attorney. An attorney may be able to help you locate any hidden assets your spouse may have.

Continue Reading ››

 Posted on January 27, 2024 in Divorce

Some states make it a bit of a challenge for pregnant people to get divorced. Fortunately, Illinois is not one of those states. There are no laws in Illinois preventing a pregnant person from pursuing and obtaining a divorce. You are not required to wait until the baby is born to finalize your divorce, but you will likely be required to create a parenting plan. Creating a parenting time schedule and allocating responsibilities for a newborn baby can be a little more complicated than creating a parenting plan for an older child who is more independent. Although Illinois law favors neither the birthing parent nor the non-birthing parent, there may be legitimate reasons that the infant will need to spend more time with the parent who gives birth. If you or your spouse is pregnant and you are planning to get divorced, it is critical to be represented by an experienced Wheaton, IL, divorce lawyer. 

Continue Reading ››

 Posted on January 25, 2024 in Divorce

Almost anything that happens in the courtroom is a matter of public record. If you are going through a high-asset divorce or one of you is a community leader or public figure, it is best to prepare for your divorce to attract some publicity. High-profile and high-conflict divorce can threaten your privacy in several ways. Anyone can go to the DuPage County, IL, court’s website and look up your case unless it has been sealed. If you suspect that your divorce may become a matter of public or local interest, it is important to work with a Wheaton, IL, divorce attorney who is experienced in high-asset and high-profile divorce. There are steps you and your attorney can take to protect your privacy and your children’s privacy while your case is pending. 

Tips for Keeping Your Divorce Issues Private

There are many reasons that people who are getting divorced may wish to keep their case as private as possible. If your marriage ended for a more dramatic reason, such as infidelity, abuse, or hidden assets, it is more likely to attract attention. Some tips for keeping your personal business private include: 

Continue Reading ››

 Posted on January 18, 2024 in Family Law

Like many other states, Illinois recognizes that grandparents have the right to maintain a relationship with their grandchildren in certain situations. However, this does not mean that you can force your child to give you a certain amount of visitation, or any visitation at all if they have decided that having a relationship with you would not be in their child’s interest. In most cases, parental rights overwhelm grandparents’ rights. Grandparents’ rights generally only come into play in cases where your child is not involved in your grandchild’s life, whether by choice, by court order, or because they have passed away. The purpose of grandparents' rights is to facilitate a relationship between a child and a side of the family they may not otherwise have a relationship with due to the absence of one parent. If you are seeking to assert your rights as a grandparent, it is very important to be represented by an experienced DuPage County, IL, grandparents’ rights lawyer. 

Continue Reading ››

 Posted on January 10, 2024 in Child Custody

Going through a separation or divorce can be an enormously difficult transition, especially when children are involved. Despite the challenges, establishing a comprehensive, well-thought-out parenting agreement upfront is one of the most important things you can do as co-parents to protect your kids’ best interests. An Illinois family lawyer can help you with your agreement.

Define Custody Arrangements Up Front

Clearly defining custody arrangements up front is crucial for minimizing confusion and conflict down the road. Illinois law provides for joint custody or sole custody awards. Be explicit in your parenting plan about who holds decision-making authority and responsibility over matters like health, education, religion, and other major areas of the children’s lives. 

Continue Reading ››

 Posted on January 07, 2024 in Divorce

Divorce can be a complicated process, and complex divorces are often even more stressful. Your complex divorce may deal with high assets, child custody disputes, and other complicated financial issues. If you are struggling to come to an agreement with your spouse or you have many assets on the line, it is important to seek the help of an experienced Illinois complex divorce lawyer.

Are Complex Divorces Highly Contested?

Complex divorces can be highly contested, and this commonly occurs in cases where there are hidden assets, financial issues, high-value assets to divide, and issues surrounding child custody or child support. In many cases, spouses are not able to settle on an agreement between dividing property and marital assets, and they might not be able to agree on child custody or support arrangements.

If your divorce is highly contested and complex, it is important to engage in the exploration and discovery of all financial issues and factors that might be affecting child custody or support arrangements. The state of Illinois encourages an equitable division of property and assets, though this can be a point of contention for many couples.

Continue Reading ››

 Posted on December 30, 2023 in Child Custody

Child custody cases can be a grueling ordeal. When one parent has bipolar disorder, it can raise questions about their ability to provide a stable and nurturing environment for their child. In Illinois custody cases, the court cares about what is best for the child. If you have bipolar disorder and are wondering whether it will affect you having a fair chance at custody of your child, contact an attorney in Illinois at your earliest convenience. Your lawyer is a legal professional well attuned to what factors the court considers when making custody determinations. 

Does the Best Interest of the Child Standard Include the Mental Health of the Parent?

Yes. In Illinois, each parent's physical and mental health is considered when making custody decisions. While having bipolar disorder may be a factor, it does not automatically disqualify a parent from obtaining custody or visitation rights. As long as the parent suffering from bipolar disorder is still able to provide a stable and nurturing environment for the child, having bipolar disorder will likely not prohibit the parent from seeking custody or visitation rights.

Continue Reading ››

 Posted on December 28, 2023 in Family Law

If this is your first time going through a family law case in Illinois, some of the language used might sound odd or confusing at first. Illinois changed some of the terms it uses to refer to things like the time a parent spends with their child after divorce. Other terms have remained unchanged for years, but you may not have encountered them before. Although it can take some getting used to, most of the terms Illinois uses are quite self-explanatory. You may still hear old terms like “child custody” used informally. Your DuPage County, IL, family law attorney may even use these terms when discussing your case with you for clarity. However, in legal documents, the new terms will be used, so it is important to know them

Understanding Family Law Terms in Illinois

Some of the terms you might encounter in a family law case include:

Continue Reading ››

 Posted on December 15, 2023 in Child Custody

Co-parenting after divorce can be difficult even for parents who live in the same neighborhood. When parents live far away from each other, working together to put the child first can be a challenge. Living far apart can be a good thing in some ways. If you and the other parent have a high-conflict relationship, your ability to co-parent may benefit from rarely or never having to see each other in person. While custody hand-offs might be more complicated, they are generally more rare. It is fairly common for children to live with one parent during the school year and spend summer and winter breaks with the other parent. With few other options, this can make settling a custody dispute out of court by agreement simple. If one parent is relocating after a divorce has been finalized, the parties will need to seek a post-decree modification. It is important to be represented by a Wheaton, IL, child custody lawyer during any proceedings. 

Continue Reading ››

 Posted on December 09, 2023 in DuPage County Divorce Attorneys

For parents, the prospect of spending a major holiday without their children can be jarring. Most major holidays are considered family affairs. Unfortunately, when two parents are no longer living together, one of them is likely to miss seeing their children on some important holidays. Holiday parenting time should be addressed in the parenting plan you will be legally required to have before your divorce is finalized.

Attorneys and mediators can offer many different creative options for parents who must share their children’s time during the holidays after a divorce. A lot of different factors can go into deciding what type of arrangement is best, such as how far apart the parents live and whether they both practice the same religion. A qualified Wheaton, IL, child custody lawyer can give you some ideas to consider and help negotiate with the other parent on your behalf. 

Continue Reading ››