Posted on October 23, 2023 in Divorce

In the State of Illinois, the only reason that the courts will deem acceptable for divorce is something called irreconcilable differences since Illinois is a “no-fault” state. It does not matter if one spouse was disloyal, lied, or hurt the other. According to the State of Illinois, the only acceptable reason for divorce is irreconcilable differences, and in such a case, neither side is to blame. 

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 Posted on October 19, 2023 in Divorce

Sometimes, a divorce can be finalized amicably through mediation. Some divorces are finalized by the spouses’ respective lawyers negotiating the various issues that need to be decided. Other times, in a highly contentious contested divorce, a deposition is used to help gather information before a court trial. If you believe a deposition is in your future, a Kane County, IL divorce attorney can explain what you can expect and guide you through the process.

What Should I Know about a Divorce Deposition?

A deposition is a way to get court-recognized testimony, out of the court. The sides have the opportunity to ask each other or other witnesses questions under oath, in the presence of a court reporter. The responses to these questions are recorded and can be used in court under limited circumstances. 

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 Posted on October 13, 2023 in Divorce

In a typical happy marriage, both spouses are open and honest with each other. But for many couples, this is not their reality. In many marriages, someone might suspect their spouse of infidelity, someone might feel they are married to the wrong person, and someone might think their spouse is hiding assets from them.

In a high-asset divorce, concealing assets is a fairly common practice. One reason for this is that the spouse hiding the assets is hoping not to need to share them with their ex in a divorce settlement. Another reason is there are common misunderstandings about what each spouse is allowed to do with their marital assets. Being married does not mean your spouse is entitled to whatever they want in your joint finances. 

If you are considering divorce but suspect that your spouse might be hiding assets that you would legally have rights to in a settlement, a Kane County, IL divorce lawyer can guide you through this stressful period.

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 Posted on October 11, 2023 in Division of Property

When a couple goes through a divorce, there are countless things they need to agree about. Who will pay spousal support? What happens to the engagement ring? Will one benefit from the other’s pension? If they have children, they need to decide where the children will live and how often they will be with each parent. If the couple owns a home, they will need to decide who will become the sole owner of that home. If you are planning a divorce and are unsure of the future of your family home, a Kane County, IL property division attorney can answer your questions.

The Future of a Family Home Can Be Complicated

When a couple gets divorced, their home can become a point of contention. They may both want to stay in the home. They may both want to move away. It could be a source of painful memories, but at the same time, it can serve as a comfort for children who are familiar with it and seeking stability in a time of transition and change. Money can be divided, but a home can not, and if both spouses wish to keep it, property division can become a source of much stress and negativity.

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 Posted on October 05, 2023 in Family Law

In the State of Illinois, accusations of domestic violence and abuse are taken extremely seriously by the courts. There are various steps victims of abuse can take to try to protect themselves and their children. An Order of Protection, commonly known as a restraining order, can be granted by the court to prohibit the alleged abuser from doing things such as physically going somewhere - in this case, their home. An Emergency Order of Protection is a specific type of protective order that can be granted almost immediately.

It is great that the local authorities will do whatever they can to protect the victims of abuse. Unfortunately, some people take advantage of these procedures and falsely accuse their spouse of abuse for their own gain. If you have been falsely accused of abuse and have an Emergency Order of Protection that is keeping you from seeing your children, an experienced Kane County, IL divorce lawyer can help guide you through this delicate and painful situation.

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 Posted on September 29, 2023 in Paternity

 When a married couple has children after they are legally wedded, their roles as parents are not typically called into question. If they later get divorced, their parenting rights and responsibilities are then divided up in the divorce settlement. If one parent violates the terms of the divorce settlement, the other parent will have ways to enforce the agreement.

If a child is born to unmarried parents, this can be more complicated. A single woman giving birth is automatically considered the child’s mother. However, the father of that child will need to prove that he is the father. If you are single, about to become a father, and want to make sure your parental rights are protected, a Kane County, IL paternity lawyer can explain the process of establishing paternity.

How Can I Establish Paternity?

Even though an unmarried father is not automatically recognized as a parent, he can legally prove his parental relationship. In Illinois, this is known as “establishing parentage”, and can be done in several ways:

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 Posted on September 28, 2023 in Child Support

When parents are going through a divorce, one of the many issues that need to be worked out in the divorce settlement is child support. Married parents are free to manage their family finances in private. Once they get divorced, however, the court has the authority to mandate which parent needs to pay what amount and when. 

When there is a plan in place for child support payments, both parents can arrange their finances around this. They know how much money they can expect to pay or receive from the other and how regularly. If one parent decides to simply stop paying, it can leave the other parent scrambling to cover costs related to their child. If you are a divorced parent and your ex has stopped making their child support payments, you should speak with a Kane County, IL divorce lawyer to figure out how best to proceed.

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 Posted on September 21, 2023 in Divorce

People used to assume that when a couple got divorced, most parental responsibilities would be granted to the mother. While the law varies by state, that is no longer the assumption. Today, these arrangements are based on many factors. If you are a father who is concerned that your spouse could get all or most parental responsibilities in a divorce settlement, an experienced Kane County, IL divorce lawyer can explain the process to you.

Parental Distribution of Responsibilities Has Changed over Time

Not so long ago, American society held some generally accepted views on gender roles in parenting. Fathers were expected to be the main breadwinners, going off to work all day to earn the money that the family needed. They were not generally as involved as their wives in raising their children, because they were busy making a living. It was also assumed that mothers would handle the child-rearing and household responsibilities. They were not expected to contribute to the family budget because they were busy dealing with the family’s non-financial needs.

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 Posted on September 15, 2023 in Divorce

Often, when we think about parents going through a divorce, we imagine the couple trying to figure out how they will split custody, who will take the children to soccer practice or ballet class, and where the children will spend their holidays.

However, parents can decide to get a divorce at any stage in their life, and this can happen when a family has older children as well. A question that often comes up in Illinois divorce is how the child’s college education will be paid for if the parents are no longer acting as a unit. College expenses are constantly on the rise, which is why this can be a very important issue to work out during divorce proceedings. An experienced Kane County, IL divorce lawyer can help guide you through the process.

My Spouse and I Cannot Agree on Anything. How Will We Work Together to Pay For Our Child’s Degree?

Child support used to be a payment that divorced parents took into consideration until their children turned 18 years old. Nowadays, that is not always the case. Illinois judges have been increasingly requiring divorcing parents to form a plan for financing their children’s college education if they have the financial ability to do so.

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 Posted on September 12, 2023 in Child Support

One thing that is certain in life is that nothing is certain. You can plan something based on how your life is now, and in five or ten years from now, you might find that your life is completely different. When you got married, you probably did not picture yourself one day getting a divorce. When you were in the middle of settling your divorce, you probably could not imagine how your life would look today. 

Your child support agreement was most likely made based on your income back then. This agreement may no longer suit you if you have recently been laid off from work. Fortunately, your monthly payments could be modified under certain circumstances like loss of a job. If you have lost your job and have questions about your child support payments, a Kane County, IL child support attorney may be able to clear up a lot of confusion. 

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