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Recent Blog Posts
Fighting for Custody as a Father
The vast majority of parents yearn to remain a part of their child’s life, even after their divorce has been finalized. While a divorce signifies a monumental change in a person’s life, it should not rob a supportive and responsible parent of a relationship with their child. For fathers, winning custodial rights can be an incredibly difficult proposition. According to the United States Department of Commerce, only 17.5% of sole-custody parents are fathers. If you are attempting to gain custody of your child, find a legal team that you can believe in, and begin taking the necessary steps to convince a judge that you are prepared for independent fatherhood.
Steps Towards Earning Sole-Custody
Fighting for a role in your child’s life after a divorce can be incredibly difficult as a father. Research conducted by the National Survey of Family Growth (NSFG), found that a staggering 27% of all American fathers have no regular contact with their children. If you want to gain custodial rights as a father, it is important to know what steps you can take throughout the divorce process to convince a judge that you are ready for the parenting responsibilities.
Understanding Orders of Protection in Illinois
Here in the state of Illinois, orders of protection are defined in the Illinois Domestic Violence Act of 1986, as a safeguard for a victim of abuse, seeking protection from an offender. Criminal acts that could warrant an order of protection, include acts of domestic violence, stalking, harassment, and sexual assault. If you have been served with a protective order, it is important to understand the language of the order and avoid any violations.
Three Types of Orders of Protection
In the state of Illinois, there are three types of protective orders, an emergency order of protection (EOP), a plenary order, and an interim order of protection. An emergency order of protection can be issued without notifying the respondent, due to the risk of harm. While an emergency order of protection represents a sufficient option for the short term, these orders are only valid for a maximum of 21 days. As soon as an emergency order is issued, a hearing for a plenary order is scheduled. A plenary order can only be issued after a hearing with both the petitioner and respondent (the respondent can choose to remain absent for the hearing, but must be notified of the hearing date). A plenary order can last for a maximum of two years. An interim order of protection can be issued if the respondent has been served but the litigation is still in process. Interim orders of protection last for a maximum of 30 days.
Approaching Your Mediation With Proper Preparation
Divorces can be uniquely challenging to separating couples. Recognizing the need for a life change, and grappling with the emotion of the change can be two completely different things. Combine the emotional side of a divorce with complicated matters such as issues of child custody, property division, and allocation of finances, make one thing abundantly clear: when going through a divorce, everyone needs a little help. The first step you can take as you prepare for the divorce process is hiring an attorney that you can believe in.
After hiring an attorney, your legal team will begin to discuss your options. If you and your former spouse believe that you can amicably discuss the matters mentioned above, your best option may be to mediation. Here in the state of Illinois, family mediation is an alternative resolution option to divorce litigation.
Assisting You With Post-Divorce Modifications
In the aftermath of a divorce finalization, it is common to feel a wide array of emotions. With issues such as resource allocation and child custody responsibilities agreed upon, it is finally time to move forward in life, post-separation. Yet, sometimes even after all of the contentious aspects of a divorce are finalized, complications can arise. If you have an established child custody or spousal maintenance plan and are no longer able to regularly make your payments, we can work with you to pursue a post-divorce modification to ensure that you are not financially hurt by the payment plans finalized during your divorce.
Common Reasons For a Post-Divorce Modification
After your divorce has been finalized, there are a number of reasons why you may need to make modifications to your alimony or child support payments. In any of these cases, our team is here to help.
Understanding Paternity and Child Support
In an alarmingly high number of divorce cases in which the mother is awarded sole-custody, along with child support from the father, the paying parent will look for any means to justify not paying the payments. In fact, approximately 25.9% of sole-custody parents owed child support in 2013 did not receive a single cent from their former partner. One of the most common ways in which fathers attempt to avoid these payments is through the use of a DNA paternity test. If you are fighting for child support and your former partner demands a DNA test, alert your attorney and seek skilled assistance immediately.
Establishing Paternity in Illinois
Here in the state of Illinois, parentage can be established in a number of ways: If both of the involved parties sign a Voluntary Acknowledgement of Paternity (VAP) form, if the Illinois courts issue an order of paternity, and if an Administrative Paternity order is issued by the Illinois Department of Healthcare and Family Services.
What a Postnuptial Agreement Could Mean for You
Every year, more than 2 million American couples decide to tie the knot. While weddings are a beautiful celebration of love, they can cost a lot of money. Couples throughout the United States spend a collective $72 billion on weddings on an annual basis. Still, while a wedding can cost you a hefty sum of money on the night of your marriage (the average wedding budget is approximately $20,000), that money pales in comparison to the potential financial impact of a costly divorce. Developing a postnuptial agreement, after your marriage can be critically important to ensuring that you remain financially stable in the event of a divorce.
What is a Postnuptial Agreement?
Explaining to your fiance that you may have resources that you want to protect in the event of a divorce can be a difficult conversation to have. Yet, in many cases, the time to talk about protecting your financial future is after the wedding. A postnuptial agreement is a written agreement that the parties establish sometime after the marriage has been finalized. It is meant to settle the couple’s assets and affairs if they separate in the future. A postnuptial agreement can ensure that you and your family will have a stable financial future if you and your spouse ever decide to separate.
5 Steps to Take as Your Prepare for Divorce
When preparing for a divorce, many people do not want to think about the logistical side of the separation process. A divorce represents a monumental change in a couple’s life, as the two parties will likely face a much different living situation, daily routine, and lifestyle. While the divorce process can be emotional and difficult to process, it is also complicated. As you prepare for your divorce, there are a few steps you should take to ensure that you and your family will be financially comfortable, moving forward.
Find a Divorce Attorney You Can Trust: Once you have made the decision to pursue a divorce, it is time to move forward and begin thinking about all the logistics that come with a separation. The best place to start is by hiring a quality divorce attorney. Choosing an attorney quickly can give you time to prepare for potential court hearings and litigation. When looking for a divorce attorney, it is important to ask yourself a few key questions: How much experience does this firm have? Does my personality work with the prospective attorney? Can I trust them?
Why a Prenuptial Agreement May be the Right Choice
When couples are getting ready to tie the knot, they are usually in the midst of a deep love that seems like it could never end. While you should always believe that your marriage will last a lifetime, it is sometimes wise to prepare for the possibility of a separation, down the road. Of course, facing the potentiality of a divorce with your fiance can be difficult, but by planning ahead and signing a prenuptial agreement, you can help ensure that your family will maintain a financially healthy future, even if your marriage ends in a divorce. If you are readying for a marriage, speak with a legal representative to discuss the benefits of developing a prenuptial agreement, prior to your wedding.
Who Should Look Into a Prenuptial Agreement?
A prenuptial agreement is an agreement that is made by potential spouses, prior to their marriage. It is designed to establish how the couple will handle the allocation of resources, distribution of debt, and other financial issues, in the event of a divorce. A prenuptial agreement is officially established once the marriage is finalized. While many people believe that the establishment of a prenuptial agreement is unromantic or pessimistic, there are many scenarios in which a prenuptial agreement can alleviate stress and help the couple avoid future disputes, down the road.
The Impact of Sole-Custody Parenting on a Child
When raising children, parents make a conscious decision to put the needs of their child before their own. Raising children can be nerve-wracking, stressful, and challenging, so it can be helpful to have a solid parenting team. Unfortunately, in the aftermath of a divorce, the parenting unit of father and mother is severely altered. When deciding how to approach your child custody case, it is important to know the benefits of various types of parenting plans. If you believe that sole-custody parenting is the best option for you and your family, you should fully understand the benefits and potential drawbacks.
The Benefits of Sole-Custody Parenting
A sole-custody parenting plan is, in some cases, the best option for a parent and their children. Sole-custody parenting can enable a child to maintain a certain level of consistency in their academic schedule, extra-curricular activities, and living situation. If you and your former spouse no longer have a relationship that can work as a functioning parenting team, it is likely the best option for one parent to be awarded sole custody. In cases of domestic abuse, a sole-custody parenting plan is almost always the best option.
Why You Should Avoid Social Media During Your Divorce
Over 80% percent of Americans use one social media platform or another. In all, an estimated 264 million people in the U.S. are active on social media at any given moment. Most people are well aware of the potential ramifications of irresponsible social media posts from an employment perspective, but few understand how social media could negatively impact a divorce case. Sadly, one of the most common mistakes a person can make during a divorce is posting on social media. If you are contemplating a divorce, it is wise to take a step back from all of your social media platforms, especially when dealing with any of the following Illinois divorce issues.
Social Media and Child Custody
Social media platforms can be a fantastic opportunity to update old friends on your life and establish new relationships. Yet, it is important to understand how a social media post could impact your child custody case. If you post false information about your marital status or familial situation during your divorce, it could severely impact a child custody case.