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Recent Blog Posts

Should Mothers Initiate Paternity Cases?

 Posted on April 26, 2024 in Paternity

IL family lawyerWhen you and your child’s father are no longer in a relationship, and he does not voluntarily become involved in your child’s life, you may be faced with a difficult decision about whether to start a paternity case. There are some clear benefits to legally establishing who your child’s father is, like being able to pursue child support. However, there may be some risks as well. Once you have established paternity, he has the right to file a child custody case and try to get parenting time. Establishing paternity also creates a legal tie between you, which may not be something you want if the relationship ended badly and you do not feel that he would be a good parent. It is important to talk through the situation with a DuPage County, IL paternity lawyer when you are considering filing a paternity case.

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Divorce and Guardianship of an Adult Child

 Posted on April 22, 2024 in Guardianship

IL family lawyerIt is somewhat common for parents to get divorced during the “empty nest” phase. Once their children have grown up and moved out, parents may realize that they no longer have anything in common. If you and your spouse have a disabled adult child and you share legal guardianship of him or her, you may not experience a typical “empty nest” phase, but you may still find that you no longer want to be married to each other. Raising a child with significant disabilities can put a strain on your marriage. If your child is going to be dependent on you for the rest of his or her life, you will need to address your disabled adult child’s care during your divorce. A DuPage County, IL divorce and guardianship lawyer can help you plan.

Sharing Guardianship of an Adult Child After Divorce 

While parents of minor children need to create a parenting plan, parents of disabled adults who plan to share guardianship should also develop a plan for caring for their adult child together. The plan you create will likely be similar to a parenting plan for minor children. However, your child may or may not live with either of you if you choose to place him or her in a group home or assisted living facility. When planning for co-guardianship, you should consider:

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Talking to Your Child About Divorce

 Posted on April 15, 2024 in Divorce

IL divorce lawyerParents who have chosen to get divorced often find telling their children difficult. It is hard for parents to know how their children will react. Deciding how to approach the conversation is challenging. Parents must consider when and where to break the news and what their children’s reactions might look like. Some children are taken by complete surprise, but others are surprisingly perceptive and already know that divorce is looming. Parents must make sure their children know that both parents still love them and will put them first, even though the parents do not want to be together anymore. A DuPage County, IL divorce attorney can help parents find divorce solutions that keep children out of the conflict.

Tips for Telling Your Children You Are Getting Divorced

News of their parents’ divorce can come as a relief for children who have noticed a lot of conflict between their parents. Conversely, children might also become extremely upset. Tips for talking about your divorce with your children include:

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Common Mistakes During a Child Custody Case

 Posted on April 05, 2024 in Child Custody / Allocation of Parental Responsibilities

IL family lawyerGoing through a divorce or child custody dispute can be trying. It is normal to feel frustrated and fearful of losing time with your children. However, it is important to act with great care while your case is open. Making a mistake while you are in the midst of a child custody case can lead to a less favorable result. It is important to speak with your Naperville, IL child custody attorney about what steps you can and cannot take as your case is pending. While it can be tempting to take steps like refusing to drop off your children with their other parent during a heated custody battle or teaching your children what to say, these errors could have a serious impact on your future parenting plan.

Mistakes to Avoid While Your Parenting Plan Is in Progress

If your child custody case is still pending, it is important that you do not:

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Illinois Divorce When Your Child is Not Yours

 Posted on March 28, 2024 in Paternity

IL divorce lawyerThis is a relatively common situation, especially for married men who knew that their wives had been unfaithful. Infidelity is a common cause of divorce all over the United States. The emotional impact of finding out that your wife has had an affair can be devastating, even more so if you determine that a child you thought was yours may not be. Getting divorced can be quite complicated when there is a question of paternity for a child who was born during the marriage and will need a parenting plan. A large number of factors may become relevant, including the wishes of the man who has found out he is not a biological father. If you are getting divorced after learning that a child born to your wife is not genetically your child, it is important to work with an experienced Naperville, IL divorce and paternity lawyer.

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When Is Full Custody Possible in Illinois?

 Posted on March 22, 2024 in Child Custody / Allocation of Parental Responsibilities

IL family lawyerCourts in Illinois rarely find that giving one parent full custody and excluding the other parent from the child’s life is in the best interests of the child. Wherever possible, courts will work to salvage the parent-child relationship in any way that is practical and safe for the child. However, in certain cases, the court can find that full custody is appropriate. While limited supervised visitation is often ordered when one parent is not capable of caring for the child independently or poses some risk, courts sometimes find that even supervised visitation could harm the child. If you are in a situation where you need full custody of your child, you will need an experienced Naperville, IL child custody lawyer.

Circumstances Where Full Custody May be Granted by a DuPage County, IL Court

If any of the following issues apply to your case, you may have a chance at gaining exclusive custody of your child:

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Can I Demand a Prenuptial Agreement in DuPage County?

 Posted on March 14, 2024 in Prenuptial Agreements

IL divorce lawyerIn most cases, yes, you can refuse to get married unless your fiance or fiancee agrees to sign a prenuptial agreement. However, you will need to be careful to avoid later accusations of coercion, which can cause your agreement to be deemed invalid. While it is wise to not get married without a prenuptial agreement, it is important to speak with a knowledgeable Naperville, IL, prenuptial agreements attorney to ensure that your prenuptial agreement can be enforced later should you get divorced. Mistakes made in the process of creating such a contract can mean that your agreement will not be held up in court later, so it is important to take the right steps when asking the person you are going to marry to commit to an agreement before marriage.

How to Approach Requiring a Prenuptial Agreement Before Marriage

Some tips for creating an enforceable prenuptial agreement include:

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Legal Options After Marital Disputes in Illinois

 Posted on March 06, 2024 in Divorce

IL divorcel lawyerMarital disputes can make you feel completely isolated. Social media is full of carefully created but usually unrealistic portrayals of “perfect” marriages. When you and your spouse are having a serious argument, or your spouse has done something that truly upset you, you might not know what to do. While virtually all married couples have disagreements, some types of disputes or misconduct are more serious than others and may lead to the marriage ending. Some spouses choose divorce right away while others may choose to try to reconcile. You have legal options if your marriage is struggling or you begin to question whether your marriage is worth trying to save. A Naperville, IL, family law attorney can help you determine what your options are and how to protect yourself.

If You Are in Danger, Get a Protection Order 

First, if your dispute turned physical and you fear that your spouse might commit further violence against you, getting a protection order can help keep you and any children you have safe. This type of order can force your spouse out of the marital home immediately and prevent them from coming to your workplace or otherwise contacting or getting near you.

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Am I Liable for My Spouse’s Gambling Losses?

 Posted on February 23, 2024 in Divorce

IL divorce lawyerIf your spouse has wracked up significant gambling debt or lost a lot of money during your marriage, there is a fairly good chance that your spouse has a gambling problem. There is also a fairly good chance that their gambling addiction is the reason you are getting divorced. Being married to someone who spends too much time in casinos or on online gambling platforms can be extremely difficult, both emotionally and financially. If money keeps going missing, or your spouse’s paychecks are not making it into your joint bank account at all, you probably know why. The good news is that unless you were an active participant in your spouse’s gambling, you are probably not responsible for their gambling debt, and you may even be entitled to recover some of the funds your spouse lost. Your Naperville, IL, divorce attorney can help you determine whether your spouse’s gambling losses amount to wrongful dissipation of marital assets.

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Issues in an Illinois High-Asset Divorce

 Posted on February 20, 2024 in Division of Assets

IL divorce lawyerThe larger and more complex your marital estate is, the more challenging it may be to divide your property fairly during your divorce. High-asset spouses often own assets that generate profit, such as rental properties or a family business, or assets of fluctuating value, like joint investments. Illinois requires all marital assets to be divided fairly and equitably, but determining how to divide certain assets in the most fair way possible may not be easy. If you and your spouse are in a high-asset marriage, it is important to work with a Naperville, IL, divorce attorney who has experience dividing complex assets during the divorce process. While high-asset divorce is somewhat more likely to be litigated, resolving your divorce out of court may allow for greater flexibility in creating a division plan.

Dividing Stock Holdings 

High-asset spouses often share a stock portfolio. As the price of each stock is constantly in flux, it may not be easy to determine how to split your stock holdings so that each spouse will retain roughly the same value. One technique is to equally divide stocks in each separate company you own stocks in. So, if you own 50 shares in Company A, each of you would keep 25 shares of stock in Company A.

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