Pesce Law Group, P.C.

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Pesce Law Group, P.C.

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naperville divorce lawyerEnduring a divorce can be agonizing, but the seemingly never-ending trauma could be amplified when a spouse refuses to comply with the divorce decree. A divorce decree could include determinations about the division of marital property, spousal support, child support, and parenting time. Sometimes, as stipulated in the divorce decree, an ex-spouse’s main source of income is spousal maintenance. Non-compliance with upholding the financial agreement of the decree could be catastrophic for the contesting spouse and perhaps even lead to destitution. Noncompliance with parental responsibilities and parenting time detrminations could also be detrimental to the child.  A divorce attorney can help enforce the court-binding decree through a contempt proceeding.

What is a Contempt Proceeding? 

A divorce decree can be enforced through the court by a contempt proceeding. Wage garnishments for support noncompliance or probated jail sentences for denying parenting time are some of the penalties for being held in contempt. Probated jail sentences incentivize adherence to the decree as the suspended jail sentence threatens actual incarceration. The disputing party must substantiate the following four factors.

  • Court Ordered Divorce Decree:  In Illinois, there is no statute of limitations on enforcing a divorce decree. To proceed, the decree, which can be temporary or permanent, must be explicitly detailed.  If the decree is ambiguous, the violation might be dismissed, and the judge could revise the decree's details.  

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dupage county divorce lawyerDivorce is a life-changing ordeal, but it can be even more emotionally harrowing when it involves a family business. Sometimes the family business is inherited and dates back many years, intensifying the emotional value of the company. Or a family business could be equally, or partially, established by divorcing spouses. For some, family businesses are the sole source of family income. Business goodwill and business valuation need to be determined to decide how to proceed with allocating the property of a family business. 

A divorce attorney proficient in business law can appraise a family business and propose solutions. Whether to dissolve the family business, remain business partners, or sell to a third party, divorcing spouses should know their options and rights.  

Determining the Property of the Family Business 

A family business can be defined as either non-marital or marital property.  Even if a business was originally non-marital, the family business could become marital property through the commingling of assets.

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dupage county child custody lawyerHarboring a different set of values is sometimes the primary cause of divorce. With those different sets of values, parenting styles are likely to conflict. One parent may be more of the disciplinarian while the other may be more indulgent. Issues not addressed in the parenting plan, such as the child’s cell phone or social media use, could result in further discord between the parents. Situations like these could sometimes escalate to litigation for a modification to the parenting plan. 

Consistent and harmonious co-parenting help create a home life that is in the child's best interest; however, achieving that ideal is sometimes complex. A child custody attorney could offer alternative dispute resolution, like mediation, to assist in finding agreeable solutions.  

Contrasting Parenting Opinions That Can Cause Issues

Parents who disagree about child-related issues may find themselves in legal disputes. Parents may disagree on:

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