Posted on February 14, 2025 in Alimony

Navigating custody and visitation issues while co-parenting after a divorce or separation can be challenging. It can become especially difficult if your child refuses to attend visitation with his or her other parent. If you find yourself in this situation, you might be unsure about what steps to take or what your legal obligations are. This sensitive situation requires balancing the best interests of your child, your rights, and the other parent's rights. An experienced Illinois family law attorney can help you better understand your legal rights and obligations while finding a resolution that works for everyone involved.

Why Is My Child Refusing to Attend Visitation?

It is essential to understand the reasons behind your child’s refusal to visit their other parent. Children may resist visitation for several reasons, including:

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 Posted on February 05, 2025 in Divorce

During the divorce process, emotions run high, and suspicions may arise. It is not uncommon for people to wonder if it is legal to access their spouse’s phone to gather evidence of an affair or even locate hidden assets. However, this question often leads to complicated legal and ethical considerations. For questions, concerns, or anything else related to your divorce, an experienced Illinois divorce lawyer can help ensure every decision you make is both legal and in your best interests.

What Is the Expectation of Privacy During a Divorce?

In most jurisdictions, people have a reasonable expectation of privacy, which extends to their electronic devices. This means that looking through someone’s phone without their permission is typically considered a violation of their privacy rights. Even in a marriage, personal privacy remains protected under the law. In Illinois, privacy violations are taken seriously, and unauthorized access to someone’s electronic device can potentially lead to criminal charges under the state’s Computer Crime Prevention Law.

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 Posted on January 27, 2025 in Divorce

Divorce is never easy, but there are alternatives to traditional litigation that can make the process smoother and more constructive. One increasingly popular option is collaborative divorce, which focuses on cooperation and mutual respect between spouses. To achieve the best outcome in a collaborative divorce, it is essential to assemble the right team. An Illinois divorce attorney can help you create a team that supports your goals and prioritizes your family's needs.

What is Collaborative Divorce, and How Does It Work?

Collaborative divorce is a voluntary process in which both spouses work to resolve their disputes outside of court. Instead of an adversarial approach, the focus is on finding solutions that benefit both parties and their children. Each spouse will hire a collaboratively trained attorney, and other neutral professionals may also be brought in to help with financial, emotional, and parenting issues.

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 Posted on January 20, 2025 in Child Support

When parents divorce or separate, one of the most pressing issues they typically face is how to provide for their children’s needs, including education. While child support normally ends when a child turns 18 or graduates from high school, Illinois courts may require a parent to contribute to college expenses. Depending on their financial situation, parents may wonder what will happen if they cannot afford to pay this significant fee. If you are dealing with this complex issue, an Illinois divorce lawyer can help protect your rights and work toward a fair resolution.

What Does Illinois Law Say About Paying for College Expenses?

Under state law, Section 513 of the Illinois Marriage and Dissolution of Marriage Act allows courts to order parents to contribute to the educational expenses of their non-minor children. This obligation is separate from standard child support and can include:

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 Posted on January 15, 2025 in Divorce

Divorce marks a significant turning point in life, signaling the end of one chapter and the beginning of another. While the process itself can be emotionally and legally complex, preparing for life after divorce can help make the transition smoother and less daunting. Planning ahead for financial adjustments, co-parenting arrangements, and emotional well-being is essential for building a stable and fulfilling future. An experienced Illinois family law attorney can guide you through the legal aspects of divorce and help you navigate the challenges that follow.

What Are the Financial Implications of Divorce?

One of the most noteworthy adjustments after divorce involves finances. It can be overwhelming to transition from a dual-income household to managing on a single income, dividing assets, and fulfilling any financial obligations from the divorce decree. By understanding the financial landscape ahead, you can help maintain stability.

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 Posted on January 06, 2025 in Family Law

When a mother gives birth to a child, she automatically receives legal privileges and responsibilities, officially referred to as parental rights. If the mother is married, her husband is presumed to be the baby’s father, and therefore he also gains parental rights. Unmarried fathers can establish paternity and obtain parental rights by signing a Voluntary Acknowledgement of Paternity (VAP). However, there are some circumstances in which a parent may wish to give up his or her parental rights. An Illinois family law attorney can help you understand the logistics of your parental rights and offer legal guidance.

What Does It Mean to Voluntarily Give Up Your Parental Rights?

Parental rights include the right to parenting time, the right to object to the child being placed for adoption, and much more. However, being a child’s legal parent may also require certain responsibilities such as a child support obligation. Children can only have two legal parents. If a stepparent wishes to adopt his or her stepchild, the other parent may need to terminate his or her parental rights. The court also has the authority to terminate a parent’s rights against his or her will in situations involving abandonment, abuse, or other issues that endanger the child.

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 Posted on December 31, 2024 in Divorce

Collaborative divorce, like mediation, is a form of alternative dispute resolution that began in 1990 in Minneapolis. A family law attorney in the city was so burned out from high-conflict divorces that he was ready to walk away from his chosen profession. Instead, he invited opposing lawyers to work with him to resolve adversarial issues. The process worked well for clients, and the idea of collaborative divorce was born.

Every state in the United States now offers some form of collaborative divorce, along with 25 other countries worldwide. The Illinois Collaborative Process Act (ICPA) defines the collaborative divorce lawyer as a procedure intended to resolve a divorce without court intervention.  If you are considering a collaborative divorce, speaking to an experienced Wheaton, IL family law attorney can be beneficial.

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 Posted on December 26, 2024 in Child Custody

Divorce does not just break up a mother, father, and children; it can also have a significant impact on extended family members as well. Grandparents who have been involved in the lives of their grandchildren on a regular basis may see them seldom following a divorce. Some grandparents even ask for visitation rights or, in rare cases, parental rights.

Every situation is different, so the outcome is always tailored to each unique family. Judges in family court have one goal when it comes to anything to do with children: whether something is in the child's best interests. Will what is being asked by a parent or grandparent benefit the child in some way? Will the child suffer harm if the request is denied?

Illinois courts also believe that it is in a child’s best interest to have regular interactions with both parents. Terminating a parent’s rights in favor of a grandparent would rarely be considered because, under most circumstances, such a move would not be in the child's best interests. If you find yourself in a situation where a grandparent is seeking parental rights for your child, or you are the grandparent seeking those rights, speaking to an experienced Wheaton, IL family law attorney can be beneficial.

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 Posted on December 13, 2024 in Child Support

A little more than five decades ago, a woman could not even obtain a credit card without her husband’s signature. Significant strides have been made by women since then, and today, more women are earning university degrees and even graduate degrees than men. This means that more women today are the primary breadwinners for their families.

Changes in the economic status of many women are reflected in the allocation of parental responsibilities and in the awards of child support. At one time, moms were more likely to be awarded primary parenting time with the children, and dads were more likely to pay child support, but neither of these is true today.

Fathers are often awarded more parental responsibilities and parenting time than mothers, and mothers are just as likely as fathers to be ordered to pay child support. If you have concerns about which parent will be ordered to pay child support, talk to a Wheaton, IL family law attorney who can answer your questions and guide you through the process.

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 Posted on December 03, 2024 in Divorce

In the realm of divorce proceedings, a term that sometimes arises is "bifurcated divorce." There are many potential implications of a bifurcated divorce that can benefit from a knowledgeable divorce attorney. Understanding this unique approach to divorce allows those facing complex marital situations to make more informed decisions about their legal options. Like other forms of divorce, a Wheaton, IL divorce lawyer is an essential resource for couples going through traditional divorce or a bifurcated divorce.

What is the Meaning of a Bifurcated Divorce?

Bifurcation refers to dividing a divorce case into two separate parts or stages. In the context of a divorce, it essentially means that the legal dissolution of the marriage is granted before all remaining issues, such as property division, child custody, and spousal support, are completely resolved. This approach allows couples to efficiently obtain a legal divorce while continuing to negotiate or litigate the remaining matters. 

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