Posted on May 05, 2025 in Division of Assets

The divorce process is different for every couple because it is extremely personal. Many elements impact what your divorce looks like, including whether you have children and how many assets you have separately and together. To understand the division of assets, you first need to know how Illinois law differentiates between separate, also known as non-marital, and marital property. A DuPage County, IL asset division attorney can help you navigate the process, which is especially useful if you have a complex portfolio.

How Does Illinois Law Define Marital Property?

The Illinois Marriage and Dissolution of Marriage Act addresses the characterization of marital and non-marital property. In general, everything you acquire together as a married couple would be marital property. This includes income, assets, and debts. As an equitable distribution state, these assets will be divided based on consideration of certain factors, including your contributions to the property. Common examples of marital property include bank accounts, real estate, and vehicles.

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 Posted on April 25, 2025 in Parenting Time (Visitation)

Parenting plans are designed to provide clarity and structure for the children of parents who are no longer together. These plans outline everything from weekly parenting time schedules to holidays, decision-making responsibilities, and communication guidelines. But what happens when both parents genuinely believe they are following the plan — yet interpret it in different ways?

Disagreements over the wording or intent of a parenting plan are more common than many people expect. These issues can arise months or even years after a divorce or custody order is finalized, especially as children grow older and their needs evolve. Understanding your options for resolving these conflicts is the first step toward preserving a cooperative co-parenting relationship and ensuring your child’s well-being, and our Naperville child custody lawyer is here to help.

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 Posted on April 20, 2025 in Child Custody / Allocation of Parental Responsibilities

In Illinois, parenting time is a critical aspect of parenting agreements, and you should understand the laws involved if you are planning to get divorced. An experienced Illinois divorce attorney at Calabrese Associates, P.C. is a key resource for your divorce and parenting time case. 

Parenting Time and Child Custody are Different

Parenting time is different from child custody. Illinois has replaced "child custody" with "parental responsibilities" in the Illinois Marriage and Dissolution of Marriage Act. This phrase refers to each parent's parenting time and decision-making authority after the divorce is final. 

Parenting time means the days and hours each party spends with the children. State law encourages parents to share parenting time and decision-making equally, when appropriate. However, the court will render decisions based on the child’s best interests. 

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 Posted on April 14, 2025 in Prenuptial Agreements

No one signs a prenuptial agreement thinking that they will definitely need it one day. Regardless, divorce is common, and often, with that process comes the division of assets, child custody, and more stressful considerations. Prenuptial agreements can simplify or complicate divorce. If you need to contest a prenup, a Naperville, IL prenuptial agreement attorney can help you understand the legal options available and what you need to seek a better arrangement.

What Are the Grounds For Contesting a Prenuptial Agreement?

A standard prenuptial agreement outlines what will happen to assets and liabilities should the marriage result in divorce. Sometimes, this works more in favor of one party. There are many reasons to contest a prenup, including but not limited to the following:

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 Posted on April 03, 2025 in Business and Divorce

In Illinois, a divorce can significantly impact a business, especially if it qualifies to be included as part of the division of marital assets. The state follows an equitable distribution rule, which means that marital property is divided fairly, and that can include a business. How the company is affected depends on several factors, and you should review the matter with an Illinois family law attorney to understand your rights. At Calabrese Associates, P.C., we can assist with asset division and how it relates to your business.

Business Classification

First, how can you know whether the business is marital or non-marital property? It is marital property if you started or acquired the business during your marriage. If so, it is subject to division. It does not matter which spouse ran the business. Even if only your name is on the business, it still may be considered marital property if marital efforts and funds were involved in the company’s growth.

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 Posted on March 31, 2025 in Postnuptial Agreements

Over the course of your marriage, you and your spouse will inevitably come across obstacles and opportunities. You may not have seen the need to sign a prenuptial agreement before your marriage, but circumstances can change after your vows, necessitating a guarantee of financial security. If you are thinking about drafting a postnup, an Illinois family law attorney can help you get the document in writing.

The purpose of a postnuptial agreement is to dictate how certain financial aspects of your divorce will be handled, if it ever comes to pass. At Calabrese Associates, P.C., our family lawyer can simplify the process of writing a postnup so that you and your spouse can rest easy.

Starting a Shared Business

Starting a joint business venture with your spouse can be an exciting time in your marriage. However, you may have a difficult time splitting up your business interests in your divorce without interrupting your daily operations. 

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 Posted on March 27, 2025 in Spousal Maintenance

After a divorce is finalized, you might find yourself responsible for paying child support or spousal support – maybe even both. These are both serious obligations, with serious consequences if you refuse to pay. However, the court does recognize some circumstances to modify these orders. An Illinois family law attorney can represent you in front of a judge, making a good faith case on your behalf.

At Calabrese Associates, P.C., we are sympathetic to the troubles people face after a divorce. When you work with our firm, you will receive qualified legal counsel and representation from an attorney with years of hands-on experience.

Loss of a Job

In order to petition for a modification of a support order, you will have to prove that you experienced a substantial change in circumstances. If you lost your job unexpectedly, you may have a strong case to get the payments paused or reduced. 

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 Posted on March 14, 2025 in Child Custody / Allocation of Parental Responsibilities

Divorcing as a parent comes with unique challenges. Whether you decide to litigate your divorce or settle outside of court, you will have to come up with a custody arrangement for your child. This custody arrangement, now known as parenting time, must be made with your child’s best interests in mind. An Illinois divorce lawyer can work with you to create a realistic parenting time schedule.

Although 50/50 is often thought of as the standard for joint custody, it is not suitable for every family. There are very good reasons as to why you might consider a different split of parenting time. At Calabrese Associates, P.C., we can sit down with you to understand your situation and discuss your options.

Conflicting Work Schedules

If you and your spouse work different hours, an equal split of parenting time may not be feasible. For instance, if you work 60 hours per week as a truck driver, it may be hard to carve out time to take care of your child during weekdays. You and your spouse could consider a schedule of three weekends per month, providing a predictable, consistent timeline.

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 Posted on March 08, 2025 in Domestic Violence / Orders of Protection

When a former romantic partner or spouse refuses to leave you alone, you might feel threatened – maybe even in fear for your life. By petitioning for a stalking no contact order, you can get legal protections from stalking and other obsessive behaviors by your ex. An Illinois family law attorney can support you during this difficult time, helping you take action against your abuser.

Nobody deserves to be put in danger by a former romantic partner. At Calabrese Associates, P.C., we represent vulnerable people looking to obtain orders of protection. Our family law attorney can guide you through the legal process of getting protection from a stalker. Anyone seeking a protective order should exercise caution, as some abusers may lash out when threatened with legal action.

Obtaining an Emergency Stalking No Contact Order

An emergency order of protection is a powerful tool for survivors of domestic abuse. This short-term order can be put in place with your testimony alone if a judge thinks there is good cause for it. You can even get protection if the court is closed for a holiday or during the evening.

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 Posted on February 28, 2025 in Child Custody / Allocation of Parental Responsibilities

If you and your spouse are planning on divorcing with children, you will be required to submit a parenting plan to the court. This is a legal document that details how you and your co-parent will raise your child for the foreseeable future. Spouses may decide to fill out a joint parenting plan or, if they do not agree about how to handle parenting time and parental responsibilities, create separate plans to submit to a judge.

An Illinois divorce attorney can walk you through this process to make sure that your parenting plan addresses all relevant issues. At Calabrese Associates, P.C., we will provide you with steadfast legal representation and insights based on our 30 years of experience in family law.

Decision-Making Responsibilities

Formerly known as legal custody, parental responsibilities must be addressed in your parenting plan. These responsibilities may include instructions for schooling, healthcare decisions, religion, and extracurricular activities. In some cases, one parent may have sole authority over these decisions. Yet in many other cases, both parents have input into decision-making responsibility.

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