Posted on February 07, 2024 in Child Custody

One of the most difficult parts of a typical divorce involving parents is the custody arrangement. If both parents want to have the most time possible with their children and they also both recognize each other’s parental merits, trying to figure this out can be extremely challenging. When one parent believes the other is unfit to care for their children, it makes the process even more complicated. Sometimes, courts will use psychological evaluations to determine whether parents can provide their children with a safe and stable environment. If you are concerned about your spouse’s mental health, speak with a knowledgeable Kane County, IL divorce lawyer to see whether a psychological evaluation might make sense for your divorce case.

How Do Psychological Evaluations Work?

When parents going through a divorce need to work out a custody agreement but there are questions regarding the mental health and stability of at least one of the parents, the court might decide that a psychological evaluation is necessary to help determine whether the child will be safe and their best interests can be protected. A qualified and authorized mental health professional will be asked to conduct tests and share their observations with the court. This person will take into account any issues of substance abuse or mental health that could affect a parent’s ability to raise their child in a healthy manner and provide them with a safe environment. The person conducting the evaluation will also interview people relevant to the case, including:

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 Posted on January 29, 2024 in Divorce

While America is certainly the land of the free and the home of the brave, there are laws that citizens need to abide by for the greater good. There are laws prohibiting you from driving faster than certain speeds, from ingesting certain chemicals that could be dangerous, and from stealing, among others. There are other laws in place to protect you, for example, laws ensuring that businesses treat you fairly, that food meets certain standards of health and safety, and that you are not discriminated against based on parts of your identity. One area of law that you may be less familiar with is the laws prohibiting certain types of relationships. Marriages that are between two people in a prohibited relationship can be annulled without needing to go through the process of divorce If you have questions concerning a relationship you are not sure is legal, a Kane County, IL, annulment lawyer can advise you.

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 Posted on January 25, 2024 in Divorce

For families with the means to travel on vacation, such trips can be a welcome change of pace. While everyone can benefit from fresh scenery and a break from routine, families who are in the midst of a divorce often experience pressure and stress, and a vacation trip can be especially refreshing. However, if your divorce and therefore your parenting plan has not yet been finalized, it can be quite complicated to travel with any children you have who are minors. Speak with a Kane County, IL, family law attorney to understand what might be the best way for you to proceed.

Legal Implications of Travel During Divorce Proceedings

When two parents are married to each other, it is not problematic for one parent to take their children on a trip. There are many different reasons why married parents might travel separately. Maybe the mom recently gave birth and could use some quiet at home; in such a case, the father might take the older kids to their grandparents for a few days. If a cousin is getting married and there is an elaborate wedding weekend planned but one parent has professional obligations that they cannot get out of on that Friday, the other parent might take the kids earlier and the parent who has to work that day can join them later on

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 Posted on January 22, 2024 in Divorce

The divorce process is typically characterized by some degree of conflict. In some couples, the spouses do not want to be in the same room as each other and seem to be guided mostly by a desire to spite each other. In other couples, the spouses appreciate each other and are sincerely attempting to pave the way toward a functional future for their family, but the fact that they no longer wish to stay married can be painful and disappointing nonetheless. Some conflict will remain between the spouses regardless of either of their actions, based on their emotional state. Other conflicts might be the result of their conduct during the divorce proceedings. If you would prefer to avoid as much conflict as possible, a knowledgeable St. Charles, IL, divorce lawyer can advise you on helpful ways to minimize conflict during your divorce.

Sincere Willingness to Negotiate

There is a difference between showing up to the negotiating table begrudgingly and being there with a true desire to reach a settlement you can both find acceptable. It is ok to disagree on various aspects and want different things. If you can both express what you want and what you mean without attempting to manipulate or “win” your divorce, chances are much higher for you to reach a settlement with greater ease. If you can both commit to avoiding drama and hope and trust that your spouse is doing the same, this can certainly help you minimize some conflict.

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 Posted on January 17, 2024 in Divorce Finances

Divorce tends to not be a simple matter regardless of the specific circumstance. Hurt feelings, financial concerns, and disappointment are typical. When the couple has what is considered a high asset divorce, the complexities increase. The significance of how assets are valued and distributed can be life-changing for some.

In some cases, both spouses are the owners of large companies, and dividing these can be very complicated. Sometimes, a couple’s wealth is the result of one spouse having an extremely lucrative and high-powered job, which was only made possible due to the other spouse staying home to take care of their family and household maintenance and therefore not earning their own salary. Whatever the reason, considering divorce under such conditions can be confusing and stressful. A Kane County, IL, high asset divorce lawyer can help you sort through the confusion and advocate fiercely for your rights.

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 Posted on January 10, 2024 in Divorce

Divorce can be a complicated process. It can be hard any time a relationship ends. It can be harder if the relationship is a deep commitment rather than something casual. If the relationship involves shared assets and perhaps children, the challenges the couple must face keep increasing. However, this does not mean that all people ending their marriage need to feel like sworn enemies interested in a zero-sum game who simply want their spouse to lose out. In fact, numerous couples find that they can productively and satisfactorily end their marriage through something known as an uncontested divorce. If you and your spouse can carry out productive communication and appreciate each other’s needs, a Kane County, IL, an uncontested divorce attorney can help you decide whether this is a good option for you.

What Makes Uncontested Divorce Different?

Some couples can agree on how their futures should look, even if those futures are not together. They need to ultimately be able to file for uncontested divorce. The main condition for this is that the couple can agree on every single one of the necessary aspects of any typical divorce. These aspects include:

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 Posted on January 04, 2024 in Child Custody

When parents end their marriage, their divorce settlement needs to include a parenting plan that covers several topics: Where will their children live? Who will pay child support? Which parent will be able to make which decisions for their child? One of the most difficult topics for divorcing parents to settle is parenting time. If you are unhappy with the parenting time arrangement from your divorce, a knowledgeable Kane County, IL, divorce lawyer can explain your options and help you figure out how to proceed.

How Is Parenting Time Decided?

The term parenting time, otherwise known as custody or visitation, describes the amount of time a child is with either of their parents. In most cases, the division of parental responsibilities in Illinois divorce settlements allows for both parents to have parenting time. The specifics of exactly how much time each parent gets is decided based on several factors, including:

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 Posted on December 28, 2023 in High Asset Divorce

Even though all people are different and unique, divorce is generally a difficult process to go through, regardless of your background and circumstances. Figuring out new arrangements like alimony, how you will divide parental responsibilities, who will keep the family home, and what will happen to any retirement funds either of you might have can be complicated and frustrating for anyone. When you and your spouse are a high-asset couple, there are aspects to the divorce settlement that can be even harder to settle. Suppose you and your spouse have considerable assets and are concerned about how they will be affected by a divorce. In that case, a knowledgeable lawyer with experience handling similar cases can guide you through this process and advocate for your rights and interests.

What Is Considered a High-Asset Divorce?

The term high-asset divorce does not have an official definition, but it refers to people with considerable money, property, and other assets. A divorce is generally considered high-asset when at least one spouse has a million dollars. In some high-asset divorces, both spouses have these considerable sources at their disposal. In others, one spouse has vast assets, and the other does not, which can complicate the divorce settlement

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 Posted on December 22, 2023 in Divorce

Many people who wish to end their marriage commonly consider divorce as their option. Others might not feel ready to take this major step, for a number of reasons. If your marriage is no longer working for you but the idea of divorce feels too extreme, at least for now, you might consider legal separation. A knowledgeable Kane County, IL legal separation attorney can explain what is involved and help you figure out the best path forward for you.

Why Choose Legal Separation?

No two people are the same. People have their own unique personalities, backgrounds, beliefs, and experiences that shape them into unique individuals. That is why every couple has unique dynamics and why different solutions work for different couples. While some couples who no longer wish to stay together will find divorce to be the most obvious solution, others might seek another option for several reasons, including:

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 Posted on December 19, 2023 in Divorce

The holidays are a time when families get together and forge cherished memories that can last a lifetime. But when the family’s parents have decided to get a divorce, things can become more complicated. If you are a divorced parent whose ex-spouse wants to make you change your holiday plans with your children, a knowledgeable Kane County, IL divorce lawyer can help you navigate this sensitive situation.

Why Might Holiday Plans Be a Source of Contention?

In some families with divorced parents, the parents might have different religious affiliations. This can make holidays difficult due to the parents’ differing assumptions about how a holiday should be spent. In some families, divorced parents might live very different lifestyles. If the parent with much more financial stability gets to have the kids for a holiday, the parents who live a more modest lifestyle might worry that the children will be given gifts and experiences that they would not be able to provide them with. In some families, one of the divorced parents might start dating someone and want to introduce that person to their children. This could make the other parent uncomfortable, knowing the children will be exposed to another adult whom they do not know themselves. This person could make an impression on the children or introduce them to religious practices that they do not want their children to adopt.

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