Posted on June 05, 2024 in Divorce

People who are getting divorced often want to “win” their cases or see divorce as a win/lose situation. Sometimes this is because people are afraid that losing means they will be left unable to meet their physical, financial, or emotional needs, like having a comfortable place to live or having access to their children. Other times, people are simply hurt by their spouses’ actions and wish to punish him or her by winning the divorce. However, if you are considering working towards an uncontested divorce through a collaborative process - which is usually much easier than going to court - you and your spouse should be open to win/win solutions. A Wheaton, IL collaborative divorce attorney can help you find solutions that work for both of you and your children.

Win/Win v. Win/Lose Solutions in Divorce

Divorce does not have to be an “all or nothing” contest. There are many ways spouses going through a divorce can resolve different issues in a way that both parties are happy with.

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 Posted on May 30, 2024 in Divorce

Depending on the circumstances of your divorce, you might experience a lot of complex or even conflicting emotions when you find out that your ex-spouse is getting remarried. If your divorce was amicable and you have a friendly relationship, you might simply feel happy for him or her. If you did not want to get divorced, you might be saddened at the realization that your chances of reuniting with your ex-spouse are now extremely slim. Or, you might feel pity and concern for your ex-spouse’s new husband or wife if your divorce was very contentious or your ex-spouse abused you. Your ex-spouse’s remarriage might impact your divorce decree or parenting plan. A DuPage County, IL divorce modifications attorney can help you understand how your ex-spouse getting married again might change the terms of your divorce.

How Remarriage Affects Spousal Support

If you were paying spousal support, you can likely stop making payments when your ex-spouse remarries. Spousal support is designed to help a now-single homemaker or disadvantaged spouse stay afloat after the marriage ends. Once your ex-spouse marries someone else, your ex and his or her new spouse are responsible for themselves. In some cases, you can stop paying spousal support when your ex-spouse moves in with a new romantic partner even if they do not marry immediately. Always make sure that you have the court’s approval before you stop making payments.

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 Posted on May 24, 2024 in Divorce

Staying home to raise your children instead of working is a practical decision for many families. With the cost of childcare now rivaling or even exceeding the cost of a mortgage payment or rent and wages stagnating, many families find that one spouse’s wages would only really cover the cost of childcare. In these cases, it makes far more sense for the lower-earning spouse to stay home with the children instead of working for no real financial benefit. When stay-at-home parents get divorced, they often worry about how they will support themselves and their children after being out of the workforce for years.

Stay-at-home parents may be able to receive alimony or child support to help them remain financially stable. A Wheaton, IL divorce attorney can help you plan for financial security after divorce.

Understanding Equitable Division When One Spouse Was a Full-Time Parent 

A full-time parent’s contributions to the household and his or her spouse’s career have real economic value. One of the goals of equitable distribution in Illinois is to avoid a situation where one spouse no longer has the means to meet his or her basic needs. It matters less whose salary paid for what and matters more how each spouse contributed and what the individual needs of each spouse are.

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 Posted on May 17, 2024 in Child Custody

Parents frequently choose to relocate with their children after a divorce or child custody dispute to provide a fresh start or give their children better opportunities. However, unless you have sole custody, you will likely need a court’s approval before you can move away with your children. If the other parent opposes the relocation, you will need to prove that moving with you is in your children’s best interests. Your reasons for wanting to relocate with your children will be very important. The more the move would likely benefit your children, the more likely a court is to approve your plan. A Wheaton, IL child relocation attorney should represent you if you are going to court to decide whether you can move with your children.

Your Reasons for Moving and Your Children’s Best Interests

The court will want to see evidence that moving away is what is best for your children. You likely have a strong argument that moving with you is in your children’s best interests if:

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 Posted on May 15, 2024 in Divorce Finances

It is more common than you might think for one spouse to find out that the other has been hiding money or other marital property. The signs can be subtle. Many spouses whose DuPage County, IL divorce lawyers uncovered hidden assets had only a vague suspicion that the person they were married to was concealing valuable assets. Spouses hide assets for a number of reasons. Sometimes, it is because they do not want their spouses to know about certain expenditures, like child support for an affair partner’s child, money spent on vices like gambling or drugs, or hidden debts. If you believe that your spouse may be hiding assets, inform your lawyer immediately.

How Can I Tell if My Spouse Has Hidden Assets? 

Some signs that your spouse might be hiding assets include:

• Unexplained purchases - Your husband just bought a new sound system for the entertainment room, but the purchase does not show up on any of your joint bank accounts or credit cards. 

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 Posted on May 08, 2024 in Child Custody

Parents sometimes find that they are better as friends than as spouses. If you and your children’s other parent realize that you do not want to be married to each other anymore but can remain friends, you will likely enjoy a functional and peaceful co-parenting relationship. You have options that would likely not work for ex-spouses with a more contentious relationship. Your children can benefit tremendously from your continued friendship, as they will not experience the same degree of conflict that most other children of divorce do and will witness their parents working together. You can incorporate cooperative strategies into your parenting plan. A Wheaton, IL child custody lawyer can help identify the best co-parenting arrangement for you.

Ideas for Amicable Co-Parenting 

A few creative options for amicable but divorced co-parents include:

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 Posted on May 03, 2024 in Child Custody

In most cases, courts will strive to keep siblings together. The bond between brothers or sisters is considered an important relationship in the children’s lives. If you have more than one child, your parenting time arrangement will most likely involve having your children move between each parent’s household together. However, there are situations where it is in a child’s best interest to live separately from his or her sibling, either some of the time or all of the time. Your children may have very different needs, or one sibling may be harmful to the other. If you have concerns about whether your children should be together, you should talk to a DuPage County child custody lawyer.

When Would Siblings be Apart After a Child Custody Case? 

Most siblings who have a normal and healthy sibling relationship will stay together at all times while the parents take turns spending time with them. Some situations where it might be better for siblings to have time apart include:

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 Posted on April 29, 2024 in Child Custody

Going to court over a child custody dispute means that many aspects of your private life will be closely examined by a Guardian ad Litem and then a judge. The court will investigate many factors, including the relationship you share with your child, the sibling relationships between your children, and other important relationships in your child’s life. This process may feel very invasive, but it helps the court determine what parenting time arrangement is going to be best for your child. Your DuPage County, IL child custody attorney can help you prepare for this investigation and understand what kinds of questions you and your child may need to answer.

Understanding the Parental and Other Relationships Factor 

To decide what parenting time schedule would be in your child’s best interests, the court will want to understand the nature of the relationships your child shares with you, the other parent, her siblings, and any other significant people in her life. The court will want to understand:

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 Posted on April 22, 2024 in Child Custody

In Illinois, child custody decisions are made based on what is best for the child. When the courts have to make child custody decisions, they consider a list of factors. One of these factors is which parent spent more time performing “caretaking functions” in the last two years or if the child is younger than two years old since the child was born. What exactly are “caretaking functions?” Caretaking functions are all the things parents do to keep their children healthy and safe while teaching them good behavior and moral lessons. A Wheaton, IL child custody lawyer can help you understand what caretaking functions the court might consider in a contested child custody case.

Understanding What Caretaking Functions Are 

“Caretaking functions” is a very broad term that includes the obvious parenting tasks, like changing diapers or cooking food for the child, and other tasks like providing moral guidance. Some of the caretaking functions the court might consider include:

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 Posted on April 18, 2024 in Divorce

You can get divorced while your spouse is incarcerated. In fact, it is quite common for people to file for divorce after their spouse has been arrested. This is very common in domestic violence and child abuse or endangerment cases. If you have experienced spousal abuse or if your spouse is a danger to your children, it may be best to initiate divorce proceedings while your spouse is still incarcerated. While your spouse is locked up, he cannot hurt you or your children, nor can he dispose of marital property that has not been allocated to him. If you are divorcing someone who is currently housed in a correctional facility, it is important to be represented by an experienced DuPage County, IL divorce lawyer. Certain steps, like serving the inmate with divorce papers might be more complicated.

Is Uncontested Divorce Still an Option if My Spouse is Incarcerated? 

Yes, you can get an uncontested divorce if your spouse is in jail. Since inmates normally cannot appear in civil court while they are in jail, getting an uncontested divorce may be a good option. While you likely cannot - and perhaps should not - communicate directly with your spouse during negotiations, your attorney can facilitate settlement talks. The process may take a bit longer, as communication will be limited.

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