Posted on August 30, 2021 in Divorce

For ex-spouses and families to transition to a new normal after divorce, they must follow several steps. Depending on the situation, the divorce process can range from amicable and smooth to hostile and complicated. When spouses wish to end their marriage on good terms, they may want to pursue an uncontested divorce which allows for a quicker and cheaper divorce. However, in times of divorce, it may be very difficult for divorcing couples to agree on every aspect that has to be determined. These disagreements will likely lead to a contested divorce. Regardless of what route is appropriate, each individual should be aware of what challenges may lay ahead.

Contested Divorces

A divorce may become contested for numerous reasons. Disagreements regarding finalizing the divorce and conditions applied to the dissolution of the marriage often cause substantial conflict between the spouses. Some of the most prevalent issues faced in a contested divorce include whether to get a divorce, where any shared minor children should live, what amount of child support should be paid, where a family pet will live, how assets and debts should be divided, and whether any spousal support should be provided.

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 Posted on August 27, 2021 in Family Law

Grandparents commonly share a special bond with their grandchildren and cherish the time they spend together. In some cases, the grandparents play a significant role in raising their grandchildren. Unfortunately, due to circumstances such as messy divorces, hostile child custody disputes, and spiteful ex-spouses, this relationship may diminish or be completely terminated. If a grandparent believes that the discontinuation of the relationship is not in the best interest of the child, they have the right to petition for visitation in court.

Grandparents’ Burden Of Proof

Illinois law permits a variety of relatives to petition for the visitation rights of a child, including grandparents and adult siblings. The time grandparents are allowed to spend with their grandchildren without a parent’s presence is referred to as grandparent visitation rights. The visitation rights may include activities such as overnight visits, weekend visits, and short vacations. Grandparent visitation rights, however, are not automatic and may be denied by a parent.

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 Posted on August 16, 2021 in Divorce

While each divorce is unique, most divorces are incredibly stressful and frustrating. As divorces have been a cultural norm in our society, we are seeing an increasing number of later in life divorces, also known as grey divorces. Gray divorces are similar in nature to divorces that occur earlier in life, however, they often are met with unique obstacles that only arise from decades of marriage. Men and women considering divorce over the age of 50 should know what to expect as they begin to start this new chapter and be well prepared for the necessary changes.

Causes of Late-Life Divorce

Significant changes in laws and societal norms have allowed for a much smoother divorce process. This is substantially relevant for couples who belong to older generations who may have previously feared that their divorce would lead to rejection from their peers. While it is certainly possible that a late-life divorce is caused by the same issues as a couple divorcing in their 30s, divorces for older couples come with their own characteristics and consequences.

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 Posted on August 09, 2021 in Paternity

All children are entitled to their parents’ support, including but not limited to financial, emotional, mental, and physical support. No matter the parents’ legal relationship or either parent’s age, no child should be denied the opportunity for a parent-child relationship. It is a shared duty of the parents and the child to establish paternity, which is the legal acknowledgment of the father and child relationship. In general, this is a straightforward process. However, in some cases, paternity is not determined so easily and may require the assistance of the courts and an experienced family law attorney.

Benefits of Establishing Paternity

Determining a child’s paternity can be extremely gratifying for all parties involved. When paternity is established, the father gains visitation rights allowing them to become involved in their child’s life.

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 Posted on July 30, 2021 in Child Support

The cost of college tuition continues to rise in the U.S. In fact, for the 2020-2021 school year, the average cost of tuition and fees was $41,411 for private colleges, $11,171 for state residents at public colleges, and $26,809 for out-of-state students at state schools. Parents who are getting a divorce may want to learn about who will be responsible for these costs when their child goes off to college. If you and your child’s other parent disagree about who will pay for college expenses, a skilled divorce lawyer can help.

Illinois Divorce Laws for College Tuition

In Illinois, divorced parents may be required to pay for their child’s college tuition. Parents may be required to contribute to their child’s:

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 Posted on July 27, 2021 in Divorce

Substance abuse is one of the most common reasons why couples get divorced. When one spouse suffers from addiction, it can affect his or her ability to keep a job and take care of the children. If your spouse is addicted to drugs or alcohol, the divorce process can become more complicated. As such, it is important to learn about your rights and prepare for the divorce process in advance. An experienced divorce lawyer can help you understand how substance abuse may impact your divorce case.

How Substance Abuse Can Affect a Divorce

Illinois is a no-fault state. To get divorced in Illinois, you must only show that you and your spouse have “irreconcilable differences” and can no longer make the marriage work. However, if one spouse has a substance abuse problem, it could impact divorce proceedings. If you and your spouse, for example, have children together, you may not want your spouse to have a significant portion of the parental responsibilities or parenting time.  Being addicted to drugs or alcohol can make it more difficult to provide children with a stable and safe environment. You may doubt your spouse’s ability to care for your child and keep him or her safe. 

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 Posted on July 22, 2021 in Annulments

If you believe that your marriage was a mistake, you may be considering getting a divorce. However, you may qualify for an annulment in Illinois. An annulment or "Declaration of Invalidity of Marriage" allows two partners to legally exit a marriage that is deemed fraudulent or invalid. If you want to get your marriage annulled, a divorce attorney can help you understand whether you qualify for an annulment. If you cannot get your marriage annulled, you may need to pursue a divorce instead. 

When  Can You Get a Marriage Annulled in Illinois?

Not all marriages can be annulled in Illinois. An annulment has strict requirements and is actually more difficult to obtain than a divorce. In order to qualify for an annulment in the state, the marriage must violate the law or public policy in some way. Here are some valid reasons for seeking an annulment: 

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 Posted on July 08, 2021 in Divorce

A divorce can be a very stressful ordeal, so it is understandable that you want to get it over with as soon as possible. A divorce can take anywhere from a few months to several years to finalize, depending on your individual circumstances. The good news is that you can take steps to accelerate the process. An experienced divorce lawyer can help you explore all of your legal options and choose the course of action that will expedite the divorce process as much as possible.

How to Hasten the Divorce Process

No one wants to go through the divorce process longer than they have to. Here are a few ways to move the process along.

• Educate yourself about the latest divorce laws. Before you even file for divorce, you should learn about the various divorce laws in Illinois. For example, you can ask for a divorce in Illinois if you and your spouse have lived in the state for at least 90 days and been legally separated for at least six months.

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 Posted on June 30, 2021 in Divorce

We love our pets in this country. It is estimated that there are more than 76 million companion pets living in American households. For most of us, our pets are not simply “pets,” but they are part of our family. But what happens when a couple who has one or more furry family members decide to divorce? As a DuPage County divorce attorney can explain, custody of pets can get just as contentious as custody of children in an Illinois divorce.

Illinois Pet Custody Laws

Until a few years ago, Illinois family law judges viewed pets in a divorce as property and treated the decision as to where the pet would live the same way they decided who would get the fine china or ATV. In 2018, lawmakers addressed this issue and changed the Illinois Marriage and Dissolution of Marriage Act (IMDMA) about how judges could address this issue.

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 Posted on June 25, 2021 in Child Custody

In divorce and family law cases involving children, it is usually assumed that both parents will continue to play an active role in their children’s lives. Parents will need to work together to provide for their children’s needs, and as part of their divorce decree or child custody order, they will be required to create a parenting plan. This document will set down all of the decisions that are made about how parents will share custody of their children, and it will be a legally binding court order that they will both be required to follow. By understanding the issues addressed in their parenting plan, parents can ensure that they know their rights and responsibilities toward their children.

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