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Recent Blog Posts

How Are Child Interviews Used in an Illinois Child Custody Dispute?

 Posted on January 26, 2021 in Child Custody

DuPage County child custody dispute attorneyMany divorcing parents have strong opinions about how parental responsibilities and parenting time should be divided. Parents may disagree about the child’s primary residence, parenting time schedules, how major decisions about the child should be made, and much more. If you are a divorcing parent in the middle of a child-related dispute, or you suspect that you soon will be, you may have questions about how child custody decisions are made in Illinois. You may wonder about the impact that your child’s opinion could have on the outcome of your case. In Illinois, child interviews may be used to gather information about the child’s thoughts and opinions during a custody dispute. However, these interviews are only one element of the court’s decision-making process.

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When Can a Divorce Judgment Be Appealed in Illinois?

 Posted on January 22, 2021 in Divorce

Wheaton family law attorney for divorce judgment appealsCouples in Illinois who choose to legally dissolve their marriage have the option of determining the terms of their divorce. Decisions about issues like property division and child custody are largely left up to the spouses. While some couples are able to negotiate a settlement, others are unable to reach an agreement about one or more issues. If a divorcing couple cannot reach an agreement outside of court, the case goes to litigation. A judge evaluates the evidence and arguments presented by the parties and then issues a judgment. Parties have the opportunity to appeal the judge’s decision; however, a successful appeal is only possible in certain circumstances.

What if I Disagree With the Court’s Decision?

The outcome of a divorce is likely to have a significant impact on the parties’ lives. Your divorce decree may influence everything from how often you see your children to where you live. If your divorce does not turn out the way that you had hoped, you may wonder if you can file an appeal. It is possible to appeal a divorce judgment, but only under certain circumstances. In most cases, disagreeing with the court’s decision or thinking that the decision is unfair is not a valid reason for an appeal.

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Do I Have a Right to Visitation With My Grandchild?

 Posted on January 21, 2021 in Family Law

DuPage County grandparent visitation lawyerAs any grandparent can tell you, the relationship between a grandparent and a grandchild is special. Grandparents offer guidance, wisdom, and support to grandchildren that is informed by decades of life experience. When a married couple with children divorces, grandparents are often worried about whether they will get to see their grandchildren as often as they would like. If you have found yourself in this situation, you may wonder if grandparents have a legal right to spend time with their grandchildren or may be granted “grandparent visitation.” As with many Illinois family law concerns, the answer to this question is complex.

Under What Circumstances Are Grandparents Granted Visitation?

Family dynamics can be very complicated – especially when divorce is involved. If you are a grandparent who wants to ensure that you still get to spend time with your grandchild, you may wonder if you can petition the court for visitation. Typically, court-ordered parenting time only involves the child’s two biological parents. However, the court may grant grandparent visitation in certain circumstances. You may have a legal right to visitation if:

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Does My Child Have a Say in Child Custody Issues During My Divorce?

 Posted on January 19, 2021 in Child Custody

DuPage County child custody dispute lawyerIf you are a married parent who is thinking of getting divorced, you probably have concerns about how this will impact your child. You may also have concerns about how you and your child’s other parent will share custody of your child. In Illinois, child custody is divided into two primary components: allocation of parental responsibilities and parenting time. Parental responsibilities involve the decision-making authority a parent has regarding important issues in a child’s life, while parenting time is the actual time a parent spends caring for their child. If you are like many parents facing a potential child custody dispute, you may wonder if your child will have any say in how parental responsibilities and parenting time will be divided.

Negotiating a Parenting Plan

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Can I Get a Divorce in Illinois if I Cannot Afford to Move?

 Posted on January 12, 2021 in Divorce

Wheaton lawyer for filing for divorceCOVID-19 has deeply affected millions of Americans. Many have faced job loss or reduced work hours because of shutdowns. Others have had to quit their jobs to be at home with their children during remote learning. If you are in a difficult financial position and want to file for divorce, you may have concerns about how your financial hardship may affect your situation. You may have heard that there was a mandatory separation period before a couple could get divorced but are unsure of what exactly is required. If you and your ex cannot afford to live in separate homes, can you still be granted a divorce?

Changes to the Illinois Marriage and Dissolution of Marriage Act Address the Separation Period

Major changes to the laws that govern marriage and divorce in Illinois were enacted in 2016. Among the many changes was a modernization of the “grounds” or reasons that a spouse may request a divorce. Before the changes, spouses could claim fault-based grounds for divorce, such as impotence, infidelity, abuse, or drug addiction. Following the change, all of the fault-based grounds have been abolished.

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Thinking About Adopting a Child in Illinois? Make Sure You Know the Law

 Posted on January 08, 2021 in Family Law

DuPage County adoption attorneyEvery child deserves a safe home full of people who care about him or her. For many children, adoption is their best hope of finding a loving home. The decision to adopt a child can be one of the most consequential choices a person ever makes. It is important to remember that adopting a child is also a major legal decision. Before you start the adoption process, it is essential to know the law in Illinois regarding adoption.

Who Can Adopt?

If you want to adopt a child, you should know about the adoption requirements established by Illinois law. To adopt in Illinois, you must:

  • Be an adult over the age of 18

  • Not have a legal disability

  • Have lived in the state for six months or longer

  • Have a good reputation in the community

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Understanding Parental Alienation in an Illinois Child Custody Dispute

 Posted on January 06, 2021 in Child Custody

DuPage County divorce lawyer for parental alienationDivorcing or divorced spouses are not typically on great terms with each other. While some divorces are relatively amicable, other divorce cases are filled with hostility and revenge-seeking behavior. Sadly, children are often the ones who get hurt in extremely contentious divorces. Sometimes, a parent even intentionally attempts to turn a child against the other parent. This is known as parental alienation, and it can happen when an adult uses brainwashing and other manipulative strategies to damage the child’s relationship with their parent. If you have been a victim of parental alienation, you should know that you have certain rights under Illinois law. The alienation may even be cause for restriction of the other parent’s parental responsibilities or parenting time.

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How Can I Best Prepare for a High-Conflict Divorce?

 Posted on December 31, 2020 in Divorce

Wheaton, IL high conflict divorce lawyerIf you are planning to get a divorce, you may be concerned about how conflict with your spouse will affect the divorce process. In an ideal world, divorcing spouses would be cooperative, cordial, and kind to each other. However, the reality is that some divorce cases are filled with bitterness and disputes from beginning to end. Regardless of why your divorce is contentious, working with a skilled lawyer is one of the best ways to avoid drama during your divorce. Your lawyer can help you properly prepare for the divorce so that it goes as smoothly as possible.

Take Stock of Your Financial Situation

If you suspect that your divorce will be less than pleasant, it is important to prepare for divorce in advance. One issue you should be concerned with is whether your spouse will be truthful and forthcoming about financial information. Finances can influence everything from child support to the division of marital assets and debts, so having an accurate assessment of your finances and your spouse’s finances is essential. Take inventory of your income, assets, debts, and expenses. Gather tax returns, bank statements, loan documents, and other financial information. You may also want to take photographs of valuable personal property in case your spouse tries to hide or destroy it.

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How Can I Ensure a Fair Divorce Settlement if My Spouse Hides Income?

 Posted on December 29, 2020 in Hidden Assets

DuPage County property division lawyer for hidden assetsMany of the important issues raised in a divorce involve financial matters. In order to equitably divide marital assets and debts, determine a spouse’s child support payments, or establish spousal maintenance, a truthful and complete account of both spouse’s finances is needed. Spouses are expected to disclose all sources of income or revenue during divorce. However, some spouses lie about their income and assets. They may underreport income or hide sources of revenue in an effort to gain an advantage during the divorce or avoid paying their fair share of support. If you are worried that your spouse will hide income or assets during your divorce, it is important to speak with a divorce lawyer experienced in uncovering hidden assets right away.

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What Illinois Business Owners Need to Know When Getting Divorced

 Posted on December 28, 2020 in Property Division

Wheaton business asset division attorneyWhen a married couple divorces, the spouses divide their property and debt. When most people think about asset division during divorce, they think about dividing physical property such as furniture or vehicles. However, a business is an asset just like any other piece of property. If your business was purchased or established during your marriage, both spouses have a right to the business according to Illinois law. If you are a business owner who is considering divorce, it is crucial that you understand how businesses may be valued and divided in an Illinois divorce.

Does My Spouse Have a Right to My Business?

If you are solely responsible for managing your business, you may assume that you are entitled to keep the business upon divorce. However, this is not always the case. Illinois law considers any property acquired during the marriage to be part of the marital estate. Property that was acquired before the marriage is classified as “separate property” and assigned to the spouse who originally acquired the asset. However, even if you founded or acquired a business before you got married, an increase in the value of the business during your marriage may be considered marital property. This is especially true if your spouse contributed to the increased value of the business, and in these cases, you may be required to reimburse your spouse for their contributions.

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