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Recent Blog Posts

Making Birdnesting Work in Illinois

 Posted on March 13, 2024 in Child Custody

IL custody lawyerThere are many different ways a child custody arrangement can be settled. One parent might be granted full custody. One might be granted no nights at all with their child and infrequent visitation. A couple could also have complete joint custody, in which case they both have the same number of days with their child. Once they work out when the child will be with which parent, the question remains where everyone will live. As part of the division of property that happens in a divorce, couples generally decide which spouse will keep the family home and which will move somewhere else. But there is another option. Couples who can get along well even after divorce might consider birdnesting as a possibility. This article will review what birdnesting is, and a knowledgeable Naperville, IL child custody lawyer can offer more thorough details.

What Does Birdnesting Mean?

When parents go through a divorce, they need to come up with an arrangement for dividing custody as well as assets and property. Often, one parent keeps the family home, and the other moves somewhere nearby, close enough to be able to get their kids to school. The children will sleep at their respective parent’s homes on their designated nights together. Birdnesting is a different way of handling this. The children live permanently in their home, and the parents alternate sleeping there. On the nights that they do not have parenting time, they sleep elsewhere.

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Can I Modify My Parenting Plan in Illinois?

 Posted on March 04, 2024 in Child Custody

IL family lawyerWhen parents in Illinois get a divorce, they end their divorce proceedings with a legal document, called a parenting plan, that sets out both spouses’ parental rights and responsibilities. Essentially, it is an outline of how they will continue to care for their children once they are no longer married. Of course, the plan that parents formulate is based on their respective circumstances at the time of the divorce.

One parent might have a more flexible work schedule and will be more available for dropping off and picking up the children at school and extracurricular activities, handling more of their medical care, and taking care of the many other things that parents need to take care of for their children, and that parent might be granted more time with the child as a result. One parent might have an addiction and not be considered safe for the child to be around and will be granted minimal to no custody. However, like all other aspects of life, the parents’ circumstances can change. If you find that your parenting plan no longer suits you, speak with a reliable Naperville, IL child custody attorney to examine how you might be able to amend it.

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What Goes into Determining Parenting Time?

 Posted on February 28, 2024 in Family Law

DuPage County family lawyerDeciding on a parenting time schedule that is in the child's best interest is one of the most important and often challenging aspects of child custody cases. Illinois courts rely on several factors when making determinations about parenting time arrangements. If you have any concerns or need help with this, an Illinois lawyer is the person to have on your side.

Evaluating the Child's Needs and Relationships

When deciding parenting time in Illinois, the court's primary goal is to do what is best for the child. They will look at what both parents want, but the child's needs and well-being come first. The court will consider how much time each parent spent caring for the child before the separation. They also want to see that both mom and dad will support the kid in having a solid relationship with the other parent going forward.

They will examine how the child adjusts to changes in their living situation, school, and community. The mental and physical health of the child, parents, and others involved gets reviewed. The quality of the connections between the child and each parent plays a big role, too. Information about domestic problems that could jeopardize the child's relationships or safety may impact the ruling.

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Types of Spousal Support in Illinois

 Posted on February 23, 2024 in Spousal Maintenance

Naperville family law attorneyDeciding on the appropriate type of spousal support after a divorce can be a complicated process. Several factors come into play, including the income levels of both spouses, the length of the marriage, and more. Illinois allows for different categories of spousal support, each with its own considerations. An Illinois lawyer can help you understand the differences and can help lead to a more equitable outcome.

Temporary Maintenance

Temporary maintenance is spousal support that is paid while a divorce is still pending. It intends to maintain the financial status quo for both spouses while the divorce works through the courts. Temporary maintenance addresses urgent needs, allowing the receiving spouse to continue paying for living expenses even though the marriage is ending. Some of the financial support may also be used to pay legal fees related to the divorce. The courts determine eligibility for temporary maintenance by looking at the income levels of both individuals. Even if one spouse earned significantly more than the other during the marriage, temporary support aims to keep both at the same standard of living. This prevents one spouse from struggling financially while the other lives comfortably during the divorce process. Once the divorce is finalized, temporary spousal support ends. However, it may influence the determination for permanent maintenance.

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Other Parent Keeps Missing Their Scheduled Visitations

 Posted on February 19, 2024 in Visitation

Blog ImageCo-parenting after a separation or divorce can be challenging. When one parent consistently misses scheduled visitations with the children, it causes understandable frustration and hurt for everyone involved. An Illinois family law attorney can help you navigate this difficult situation. Both parents have certain custody and visitation rights with their children in Illinois unless a court has ordered otherwise due to exceptional circumstances. When one parent denies the other parent court-ordered visitation with the children without valid cause, it may be considered contempt of court.

If you are the parent being denied visitation that you are legally entitled to, you can file a petition for a rule to show cause why the other parent should not be held in contempt. At the hearing, the judge will allow both sides to present evidence and testimony concerning missed visitations and may order make-up visitation time or other remedies to ensure compliance going forward. Documentation is key whenever visitation is denied contrary to a court order.

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When Should You Consider a Postnuptial Agreement?

 Posted on February 12, 2024 in Family Law

Naperville Family Law Attorney
A postnuptial agreement, also known as a postmarital agreement, is a written contract entered into by a married couple that outlines what happens in the event of divorce or death of a spouse. While not necessarily a romantic topic, postnups can provide important legal and financial protections for both parties if done thoughtfully. An Illinois family law lawyer can provide guidance on when you might want to discuss a postnuptial agreement with your spouse.

Changes in Financial Circumstances

One of the most common reasons couples pursue postnuptial agreements is a significant change in their incomes or assets. For example, perhaps one spouse will inherit substantial money or property during the marriage. Or maybe one spouse decides to start a business, putting them at higher risk of lawsuits. Dramatic increases in earnings can also prompt couples to spell out in writing what happens if the higher wage earner dies or the couple splits up. A postnup allows you to thoughtfully decide on a fair distribution of assets instead of leaving it solely up to divorce laws in your state.

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Could Collaborative Law Suit My Illinois Divorce?

 Posted on January 30, 2024 in Mediation and Collaborative Law

Blog ImageMany people are familiar with divorce scenes from the movies and TV showing two people screaming at each other and a judge banging on a gavel demanding for order in the court. In truth, there is more than one way to get divorced and the vast majority of divorces today are not this contested. 

Litigation in court may suit your needs if you cannot trust your spouse to play fair. The legal system has rules and regulations in place to ensure they do. However, if you and your spouse have a more amicable dynamic, and especially if you have children and you want to work together to ensure that their best interests will be served in whatever arrangement you come up with, collaborative law might be your best step forward. If you are considering divorcing a spouse who you are able to work with and communicate productively, a knowledgeable DuPage County, IL divorce lawyer can review your case and help you understand whether collaborative divorce might suit your needs.

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Domestic Violence in Illinois

 Posted on January 22, 2024 in Domestic Violence


Blog ImageEven though suffering domestic violence is a horrible experience, victims sometimes refrain from coming forward and taking steps to protect themselves out of fear that their abuser might find out. For people in this situation, urgent help is needed and a long, drawn-out divorce is not something they have the luxury of considering. If there are children, it might feel even more urgent to end the situation as quickly as possible. Luckily, the State of Illinois has ways to help that do not take much time. A Naperville, IL family law attorney can walk you through your options and fight aggressively to protect you and your rights.

Order of Protection

An Order of Protection, otherwise called a restraining order, is something you can file with the court. It will place enforceable limits on where your spouse can and cannot be, restricting them from coming within a minimum distance of you and/or your children, your home, your place of work, your children’s school, and whatever other areas are deemed a risk. 

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I Regret That I Never Signed a Prenup. What Can I Do About It?

 Posted on January 08, 2024 in Prenuptial Agreements

Naperville, iL family lawyerNobody likes to think about negative outcomes in their life. When you start dating someone, you might want to imagine that one day, you will fall in love and get married. If you get married, you likely want to imagine that you will start a family and grow old together. Trying to figure out how you might protect your finances if you end up getting a divorce is not something a lot of people want to do when they are at the beginning of a relationship, even though having a prenuptial agreement can provide a lot of peace of mind. If you never signed a prenup and you regret it, a Naperville, IL family law attorney can help you figure out whether a postnuptial agreement might be right for you.

What Is Involved in a Postnuptial Agreement?

Think about drawing up a will. Most people do not like to think about dying, but when they make themselves consider it, they can plan for how their assets can be left for the people they love. A postnuptial agreement is similar - in this case, making yourself think about something that you might rather not think about can be extremely helpful and can make a difficult period just a bit easier for your loved ones in the future. 

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Can I Relocate for Work if I Have Joint Custody?

 Posted on January 04, 2024 in Child Custody

Naperville, IL child custody lawyerWhen parents go through divorce, they need to come up with a parenting plan that explains how they will raise their children once their marriage has ended. This plan needs to set out which parent the children will live with. If the parents share custody, their parenting plan will need to include specifics about where the children will be when, how often they will switch from one parent to the other, who they will spend holidays and birthdays with, and more

However, these plans are drawn up based on the parents’ and children’s circumstances at the time of the divorce. Conditions might change and this could require some changes to the parenting plan. If your boss is asking you to relocate but you share custody of your children, an experienced Naperville, IL divorce lawyer can help you make sense of this confusing situation and explain what your rights are.

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