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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 Posted on January 20,2024 in Child Custody

It can be difficult for parents who are getting divorced or breaking up to work together. If you are leaving your child’s other parent, there is likely significant conflict between you. Sometimes, the stress of raising a child with significant disabilities can strain the relationship to the point where both parties feel that they would be better off co-parenting while living apart. Creating a parenting plan may be more challenging, as your child’s particular needs must be put first. You know your child and what type of support they need best, so you may find it better to work with the other parent to develop a parenting plan yourselves rather than leaving it to a judge, who may or may not be well-informed about your child’s medical condition. A Naperville, IL, child custody lawyer can help you work together to develop the best possible co-parenting strategies. 

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 Posted on January 14,2024 in Spousal Maintenance

In the now-distant past, the need for alimony was almost assumed. Today, courts are more reluctant to order one spouse to make support payments to the other after a divorce. Even as recently as the 1970s, fewer women had the opportunity to build a career, especially if they were mothers. This generally meant that most wives were financially dependent on their husbands.

Now that the times have changed and many households need the income of both spouses to keep running, courts are more likely to determine that each spouse should be financially independent after a divorce. This does not mean alimony is no longer possible. There are a number of situations where spousal support may still be ordered if there is a clear need for it. If you believe that you will need alimony after your divorce, it is important to work with a Will County, IL, divorce attorney

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 Posted on January 07,2024 in Child Custody

If you are getting divorced and have children, you will need to create a detailed parenting plan outlining custody, visitation, and child-related arrangements. There are some key things to consider when making your parenting plan to set your kids up for success. An Illinois divorce attorney can help you take the proper steps.

Focus on the Children’s Best Interests

Your parenting plan should reflect what is genuinely best for your children’s well-being. Think about their need for love, safety, stability, consistency, and positive influences. Be honest about what custody and visitation setup serves their interests most. Get input from professionals to gain insight into their developmental, physical, and emotional needs at their ages.

Be Clear and Specific

Uncertainty can lead to conflict down the road. Be as detailed, clear, and specific as possible on all custody and visitation terms. Address exact schedules, locations, transportation duties, holidays, and vacations. Think through special occasions like birthdays, performances, and medical issues. You should also tackle decision-making on major issues like health, religion, or education. Specify means of communication and parameters around introducing significant others.

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 Posted on December 20,2023 in Child Custody

Divorce can be very difficult for parents, who know that they will likely spend less time with their child as a result. One of the biggest questions on your mind might be who will get primary custody. The answer depends on a group of factors listed in Illinois law. No single factor controls the equation. Rather, the court will consider all factors together in order to determine what is in the child’s best interest. Neither a mother nor a father is guaranteed or even expected to get more parenting time based on their gender or status as the parent who gave birth. Rather, the court will consider each case individually. The family dynamics are different in each case. A guardian ad litem will likely be appointed to help the judge understand how each child custody factor applies in your particular case. It is critical to be represented by a qualified Naperville, IL, child custody lawyer

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