Posted on September 07, 2022 in Child Custody / Allocation of Parental Responsibilities

Being a parent can be one of the most joyous and rewarding things a person can do, but parenting is not without its challenges. Fathers often face particular challenges when they are not married to the mothers of their children and may sometimes feel as though the legal system’s hurdles are too much to overcome. Other times, a mother or a father may feel totally unequipped or unprepared to raise a child he or she did not want to bring into the world and may wonder whether relinquishing parental rights is an option. Wherever you are in your parental journey, you can get legal advice from an experienced Illinois family law attorney who can help you understand your options and assist you in making wise decisions.

When Can a Parent Voluntarily Give Up Parental Rights?

The feelings and emotions of parents are often complex and influenced by many factors, all of which are real and legitimate. Parents who are very young or who hardly know each other may be devastated by an unplanned pregnancy and understandably feel reluctant to take responsibility for a child they do not want.

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 Posted on August 30, 2022 in Divorce

So you have finally made up your mind to get a divorce and now you have to actually do it. While filing for divorce in and of itself is not so difficult, many couples get hung up on the bureaucratic elements of the divorce process because the forms can be confusing and it can be difficult to get answers to your questions. 

Court clerks, judges, and secretaries cannot give you legal advice, nor can they assist you in filling out the forms. If you want to file for divorce but do not feel comfortable handling the paperwork yourself, you may want to get help from an experienced Illinois divorce attorney. 

How to File for Divorce

Before you can formally start the divorce process, you will need to fill out the paperwork and pay a filing fee. It is important to fill out the paperwork carefully and include accurate information; making mistakes on court paperwork can lead to petitions being rejected and the divorce process prolonged. 

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 Posted on August 23, 2022 in Divorce

While couples usually get divorced because they no longer have the same vision for the future or have unsolvable conflict, the tension between them usually reaches new heights during the divorce. The task of resolving complex issues like property division, child custody, and alimony can seem impossible when you dislike your spouse and want to avoid talking to them if at all possible. 

One way many divorcing spouses handle the stress of divorce is by venting about it on social media. While this behavior is common, it can be a huge mistake–once something is on the internet, the record of it may exist forever, even if the person who posted it tries to delete it. Practicing minimal social media use may be difficult during divorce, but it pays off in the long run. 

Do Not Delete Old Posts, Profiles, or Photos

The first thing many people getting a divorce want to do is distance themselves from their spouse. It may seem like the easiest way to publicly do this is by deleting every shred of evidence you were ever together. However, deleting things off social media may not be a good idea. 

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 Posted on August 16, 2022 in Divorce

Just as no divorce is easy, no divorce is quite the same. Individual spouses (and many cooperative couples) have to decide the tenor they want their divorce to have, as well as the strategy they are going to pursue. Some spouses opt for a scorched-earth approach after a long and bitter marriage, while others decide from the get-go that they want to cooperate as much as possible. Each potential strategy has advantages and an attorney can help you settle on the right choice for you. Here are the three most common divorce strategies in Illinois. 

Litigated Divorce

A litigated divorce is the old-school, in-the-courtroom, showing-evidence and calling-witnesses style of doing things. Today, even in highly complex or acrimonious separations, litigated divorce is far less common than it was even twenty years ago. Judges can now order spouses to pursue mediation and only allow a divorce to proceed to trial if mediation fails. Allegations of spousal or child abuse or financial misconduct may also result in a divorce going to trial. 

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 Posted on August 09, 2022 in Child Custody / Allocation of Parental Responsibilities

While every child deserves to have loving parents, the unfortunate reality is that many children do not get the love and care they deserve at home. When one or both parents have died or are out of the picture because they are in jail or have lost their parental rights, a court may need to appoint a guardian. If a deceased parent left a will designating someone to be a child’s guardian, a court will usually follow the parent’s wishes. But if the designated guardian is also deceased or is unfit or unwilling to be a guardian, a court may pursue other options. 

One potential option is having a child’s older sibling become their guardian. If you live in Illinois and are wondering whether you can become your younger brother or sister’s guardian, read on. 

Who Can Become a Legal Guardian? 

When a child’s parents are no longer able to care for her, the foster system may seem like the next best option. But the foster system has serious shortcomings and an older sibling may rightly worry whether he would be better equipped to care for the child, rather than entrusting her to a stranger.  

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 Posted on July 28, 2022 in Divorce

With the prevalence of television, movies, and sensationalized media, it can be hard to know what information regarding divorce is true. The process can be complicated, and there are many misunderstandings about the law. Some people who consider divorcing their spouse first seek advice from others, who while well-meaning, are often not trained in family law matters or informed about recent changes to the law. The following are some of the most persistent divorce myths that are simply not true.

Myth: Half of All Marriages End in Divorce

Reality: This myth is quite complicated but a myth nonetheless. There are many different ways of analyzing data regarding divorce rates. According to the National Marriage Project, the divorce rate in the United States is between 40-50 percent. Other sources show that the divorce rate is between 42 and 45 percent. Divorce rates are different for different demographics. For example, people with a college degree have lower divorce rates than those without a degree.

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 Posted on July 21, 2022 in Division of Assets

A personal jewelry collection is accumulated over many years and is often made up of gifts, inheritances, and collectible pieces bought during travels to faraway places or in locations of great personal significance. When an Illinois couple is facing a divorce, a spouse who has a significant jewelry collection may justifiably feel sorrow and frustration at the idea that their personal collection may be considered part of the marital estate and subject to a claim from the other spouse, whether all or in part. 

Nevertheless, all assets must be accounted for during a divorce. Determining whether a piece of jewelry is personal or marital property is not always easy and, because of this and other complications, having the help of an experienced asset division attorney can be very helpful when managing the division of marital assets. 

Is Jewelry Personal Property in an Illinois Divorce? 

Certain types of property are exempt from the asset division process. Gifts and inheritances, including property purchased with inherited funds, generally are not considered marital property and remain in the exclusive possession of the person who inherited or was given them. 

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 Posted on July 14, 2022 in Child Support

Parenting after a divorce can be a challenging proposition. A single parent’s struggles are only made greater by an ex-spouse who has stopped paying child support. While your ex-spouse may provide excuses about why payments have stopped or are behind, obligations for child support are court-ordered and not subject to modification by the parties involved. Only the court can approve a modification, and only then with a legitimate and qualifying reason. To ensure your child support payments are made on time, the first step is to contact an experienced child support enforcement attorney.

Options for Child Support Enforcement

Child support payments serve to assist the parent with the greater allocation of parental responsibilities to provide basic needs for their children. If those payments are late, less than required, or stop altogether, it could have a serious impact on the children’s life and wellbeing.

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 Posted on July 08, 2022 in Divorce

While as many as 40 percent of marriages end in divorce in the United States, each marriage will have its own unique relationship dynamics and combination of factors that led to the decision to split. However, it is clear that similar reasons plague many marriages. In most cases, there is not just one reason, but likely a combination of different factors that caused the divorce. If your marriage is headed for a divorce, it is time to talk to an experienced divorce attorney.

Wide-Ranging Reasons for the End of a Marriage

From traits that you just cannot stand about your partner to difficult circumstances in your relationships, there can be many contributing factors to a divorce. Family and relationship experts have compiled lists of dozens of causes for divorce, and they run the gamut from very simple to much deeper.

Here are ten of the most common reasons that divorced adults gave as the reasons their marriage fell apart.

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 Posted on June 27, 2022 in Domestic Violence / Orders of Protection

For those in an abusive relationship, using the force of law to keep your abuser away can be the key to safety. By securing an order of protection, sometimes known as a restraining order, you can again begin to feel a level of safety in your home. At Calabrese Associates, P.C., we have been helping victims of domestic abuse for over 20 years and are ready to help you secure a restraining order to get you and your children the security you need.

Definition of Domestic Violence in Illinois

Under the Illinois Domestic Violence Act, an accused abuser must have a relationship with the victim. This can include current and former spouses, dating and romantic partners, family members including children and parents, and assistants to adults or children with disabilities.

Actions that are classified as acts of domestic violence include:

• Physical abuse, including sexual abuse, use of physical force, and behavior that puts the victim at risk of physical harm

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