Posted on April 04,2024 in Property Division

Divorce can be complicated if one spouse entered the marriage with significant assets while the other came into the marriage largely empty-handed. If you had built up wealth before you got married, you likely have a strong interest in protecting what was yours before the marriage. Fortunately, in Illinois, assets you owned before you were married are considered your separate property. However, your spouse could argue that you voluntarily contributed your premarital property to the marriage, which could entitle him or her to a share of those assets. If you had personal wealth before your marriage began, it is important to speak to a skilled DuPage County, IL divorce attorney about how you can protect what is rightfully yours during the asset division process.

Common Types of Premarital Assets and Their Legal Status

Common types of premarital assets people seek to protect during divorce include:

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 Posted on March 27,2024 in Child Custody

Once you have a finalized parenting plan, you have every right to expect your co-parent to follow it. These plans, once ordered or approved by a court, essentially have the force of law. Your co-parent could face serious repercussions if they choose not to follow the parenting plan or honor your parenting time. Co-parents can violate parenting plans in a number of ways, from failing to show up for custody hand-offs to making decisions they did not have the right to make on their own. If your co-parent is refusing to abide by your parenting plan, an experienced Will County, IL child custody enforcement attorney can help you force them into compliance. 

Common Types of Parenting Plan Violations 

Common ways a co-parent might violate their parenting plan include: 

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 Posted on March 20,2024 in Child Custody

Creating a parenting time schedule that meets the needs of the child and provides both parents with the opportunity to spend quality time with their children can be difficult for anyone. When one or both parents serve in the military, making the right parenting plan can be even more challenging. Military parents will often need to build flexibility into their parenting plan if there is a chance that a parent will be deployed before the child turns 18 years old. Most people who serve in the military do not remain stationed in the same place for more than a few years at a time, so if your children are younger than about 16 years old, it is likely that parental relocation will become an issue during your proceedings. An experienced Naperville, IL, child custody lawyer can help you create a plan that works for you and your children.

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 Posted on March 13,2024 in Divorce

DUI is one of the most common criminal charges people have on their records. It is very easy to not think you are too intoxicated to drive and then to be proven wrong after a routine traffic stop. If you are getting divorced with children, your spouse might be threatening to use your DUI against you to get full custody of your children or to otherwise make you look bad. In many cases, this is an empty threat. Having a minor criminal record does not somehow make you entitled to less than your fair share of the marital assets or automatically make you an unfit parent. However, it is important to be represented by an aggressive Naperville, IL, divorce and child custody lawyer who can fight back against your spouse’s accusations.

How a DUI Can and Cannot Impact Your Divorce and Child Custody Proceedings

A few factors the court might consider when determining whether your DUI should have any impact on your divorce proceedings include:

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 Posted on March 06,2024 in Property Division

Retirement savings accounts are often one of a married couple’s most valuable assets, especially in a long-term marriage. Since Illinois law states that both spouses can be said to have made contributions to building that asset, both spouses will receive a fair and equitable share of their 401(k). Contributions do not need to be direct financial contributions to count under Illinois law. Homemakers and stay-at-home parents can contribute to their spouse’s ability to earn money to put into retirement accounts in other ways. Only allowing the spouse who worked for pay to keep a married couple’s retirement funds could produce very unfair results, leaving the homemaker without a means of financial support after the divorce. A Naperville, IL, divorce lawyer can help you understand your rights when it comes to dividing a retirement account in divorce.

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 Posted on February 22,2024 in Divorce

When a person’s spouse does something obnoxious or offensive, such as leaving crumbs in the bed or flirting with another person, you may hear others say, “That is grounds for divorce.” What they should say is, “That is a good reason to get divorced.” In Illinois, there is only one ground for divorce - irreconcilable differences. A divorce can be granted when such differences have caused a breakdown of the marital relationship and attempts at reconciling would be futile or unproductive. The reasons for divorce, on the other hand, are as numerous as the stars in the sky. People may choose to get divorced for nearly any reason they wish, so long as they can demonstrate that their differences are irreconcilable. If you have decided that you want a divorce, a Will County, IL, divorce attorney can help you begin the process.

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 Posted on February 21,2024 in Child Custody

Before your divorce can be finalized, a lot of different issues will need to be resolved. The court will want to make sure that your divorce decree addresses every important legal issue. A divorce agreement that fails to address an issue that is important to you can cause problems later, and could even force you to return to court at a later date. Your divorce agreement or decree might even mention issues that are not relevant to you simply to avoid later disputes. For example, if child custody issues will not be a part of your divorce because there are no children of the marriage, your decree might specify that you do not have children in common and neither spouse is pregnant. Your Naperville, IL, divorce attorney can help you make a complete list of issues that will need to be resolved during your divorce.

Divorce Issues to Address

A few of the issues your divorce decree or agreement will need to address include:

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 Posted on February 13,2024 in Child Custody

As the saying goes, the best-laid plans sometimes fail. No matter how much care you put into your parenting plan when you first got divorced or separated from your child’s other parent, you may have found that the plan is not working as well as you had hoped. There are a number of reasons this can happen. Your child’s needs may have changed, or the ability of a parent to care for the child may have changed due to unforeseen circumstances. Or, you may have newfound fears about your child’s safety or well-being when they are with the other parent. In Illinois, a parenting plan can be modified if a parent can show that a modification is necessary in order to serve the child’s best interests. If you believe that modifying your parenting plan is best for your child, a Naperville, IL, parenting plan modifications attorney can help you fight for the needed modifications.

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 Posted on February 09,2024 in Divorce

Although resolving your divorce out of court can save time and money, it is not always the right course of action. You may need to contest your divorce if your spouse would not or could not participate in mediation in good faith or if you have suffered abuse during your marriage. There are very few hard-and-fast rules about who should or should not contest their divorce. Rather, this is a decision each individual must make based on their own complete set of circumstances. In some cases, not contesting your divorce would cost you more in the long run if you would have to give up a lot of marital property you are entitled to or would have to agree to pay unreasonable spousal support before your spouse will sign the divorce agreement. A Naperville, IL, divorce attorney can help you decide whether contesting your divorce is likely to hurt or benefit you in the end. 

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 Posted on January 27,2024 in Divorce

If you have disabilities, you may feel that being disabled is a barrier to divorce. Many disabled adults who cannot work much - or at all - are financially reliant on their spouse and fear that they will not have the money they need to meet their basic needs should they get divorced. Some also rely on their spouse to provide personal care. Understandably, many adults with disabilities worry about what their life would look like without their spouses. Sadly, disabled adults can become vulnerable to spousal abuse and may feel like their only option is to stay. This is not the case at all. Illinois law states that your marital property must be divided in a way that is fair and equitable, and in many cases, spouses with disabilities are eligible for spousal support after ending the marriage. It is important to work closely with an experienced Naperville, IL, divorce attorney if you have these concerns

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