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Recent Blog Posts

How Can My Online Profiles Impact My Illinois Divorce?

 Posted on November 16, 2023 in Divorce

DuPage County Divorce LawyerLong ago, people could manage their lives privately, but that is harder to do nowadays. With social media networks becoming so commonly used throughout society, with users of all ages and walks of life, it is an almost unavoidable fact that whatever you do and wherever you go, there will be documentation of it accessible to countless people. If you are not a particularly private person and you live a fairly typical life, this should not be much cause for concern.

But if you need to control the information that other people can use against you, if, for example, you are about to enter into divorce proceedings with a spouse you do not trust to play fairly, you might need to alter your internet conduct. A Naperville, IL, divorce lawyer can explain what information might put your chances of a favorable divorce settlement at risk and what you can do about it.

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There Is an Order of Protection Against Me. Can I Appeal It?

 Posted on November 08, 2023 in Domestic Violence

DuPage County Divorce LawyerThe State of Illinois takes domestic abuse and violence accusations very seriously. When it seems that measures need to be taken to protect Illinois residents from abusive or violent people, the court can grant a restraining order, officially called an Order of Protection. Its purpose is to stop someone who is accused of harming others from going near them. If they might be in urgent risk of harm, the court can bypass the longer process and almost immediately grant something called an Emergency Order of Protection.

While the importance of protecting people in danger of a domestic violence attack is clear, it is also unfortunately true that some people will use these procedures to harm an innocent person. Someone can claim they were the victims of domestic abuse and are afraid for their lives, and in such a case, an Emergency Order of Protection (EOP) can be granted without an investigation. If your ex is someone who would make a false claim like this, it could potentially harm your custody arrangements for your shared children. If you believe you are being falsely accused of domestic violence and a resulting Order of Protection might get in the way of you being with your children, a compassionate Naperville, IL, family law attorney will be able to answer questions and offer guidance during this difficult time.

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What is the Best Way to Prepare Myself for Divorce?

 Posted on November 03, 2023 in Divorce

Naperville Divorce LawyerWhile most people are familiar with the concept of divorce, the vast majority are not aware of what is actually involved. It is natural to be unfamiliar with all the aspects of a divorce if you have never actually been through one yourself. You may have concluded that divorce makes the most sense for you, but probably have many questions about the next steps. One thing is certain: preparing yourself for the process is a great way to understand your rights and how to advocate for them. If you are considering divorce and want to make sure you are doing proper planning to be prepared for what will come, a Naperville, IL, divorce lawyer can walk you through the process and describe what you can expect to deal with.

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How Do I Know If I Am Eligible for Alimony?

 Posted on October 26, 2023 in Spousal Maintenance

Naperville divorce lawyerDivorce can be complicated. Before a couple can legally end their marriage, they need to figure out how their formerly merged life will transition into two mostly separate lives. Every divorced couple’s settlement is different, each with conditions that are unique to the people involved. One major issue that comes up in a divorce settlement is alimony. It is not a clear “yes or no” issue because it depends on many factors. If you are headed toward divorce and feel confused about whether you might qualify for alimony, a knowledgeable Naperville, IL divorce lawyer can clear things up and set you on the right path to ensure your rights are protected.

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Can I Make My Ex Change Their Holiday Plans with Our Kids?

 Posted on October 16, 2023 in Divorce

Untitled---2023-10-16T130712.619.jpgAnnual holidays are a time for family togetherness and a chance to make meaningful memories with loved ones. If the parents of a family have been through a divorce, this can change the holiday dynamic drastically. 

In some families, one parent is religious and offers a religiously-based holiday experience while the other parent is not religious and offers a secular holiday experience, which could make exes feel offended by the way their children are experiencing the holiday. In some families, one parent might have limited means and offer a modest celebration at home, and their ex could have exotic travel plans. In some cases, one of the parents might have a new significant other that they want to introduce to their children over a holiday, but the other parent might feel it is inappropriate to bring other people into their children’s holiday celebrations.

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How Is a Divorce Decree Enforced in DuPage County?

 Posted on October 10, 2023 in Divorce

Untitled---2023-10-10T160343.689.jpgDivorce can be an arduous process. There are so many things that can potentially be the cause for an acrimonious fight with your spouse, from custody settlements to alimony payments to living arrangements. Once all of these and more issues that a divorcing couple needs to figure out have been discussed and agreed upon, the two spouses have a divorce decree, which describes what is expected of both sides emotionally, physically, and financially. But if a spouse refuses to follow this divorce decree, it can make everything problematic. If you are divorced and your ex is not complying with your divorce decree, a DuPage County, IL divorce attorney will be able to guide you through the options at your disposal and may be able to help enforce the decree through court proceedings.

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How Will We Decide Who Gets Our House in the Divorce?

 Posted on October 06, 2023 in Division of Assets

DuPage County, IL asset division lawyerThe process of getting a divorce can be extremely complicated for several reasons. You could be feeling a lot of different emotions all at the same time. If you have young children, you will need to decide which parent takes care of which responsibility on which day. If you were in a two-income household, you will now need to get used to managing a single-income household. And if you owned a home together, the future of that home is a major decision that needs to be made. If you are about to go through a divorce and not sure what you want to do about your home, a Naperville, IL divorce lawyer can provide you with important guidance about this.

Deciding Who Gets the Family Home Is Complicated

If divorcing parents are the owners of their home, what happens to that home becomes a major issue to deal with during the divorce. Sometimes both spouses want to move away from the home that might hold painful memories for them, but sometimes the memories are of better times in the past that they think of fondly. Unlike a sum of money, a home cannot simply be split down the middle, and that is why property distribution decisions can be quite complicated. 

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What are the Consequences of Hiding Assets in a Divorce?

 Posted on September 26, 2023 in Divorce

Untitled---2023-09-26T161517.448.jpgHiding assets in a divorce is a serious offense that can have negative consequences, both financial and legal. If you are caught hiding assets, you could face financial penalties, lose credibility in court, and even face criminal charges.

It should not typically be a struggle to disclose all of your assets. However, in the case you may be having difficulties, you should talk to your attorney. They can help you to identify and disclose all of your assets, and they can help you to develop a plan for dividing your assets fairly with your spouse. The more information you can provide to your attorney, the better equipped they will be to help you through your divorce.

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How is the Amount of Spousal Maintenance Determined?

 Posted on September 19, 2023 in Spousal Maintenance

shutterstock_2203932789-min.jpgSpousal maintenance is an important financial consideration for many divorcing couples. The amount of spousal maintenance awarded, if any, will vary depending on the specific circumstances of the case. The court will consider many factors, including the length of the marriage, the income and assets of each spouse, and the needs of each spouse.

Seek the help of a knowledgeable spousal maintenance attorney to help calculate a payment estimate. An attorney can be invaluable throughout the property division process and aggressively represent you and your best interests if necessary.

Factors That Determine Spousal Maintenance Amounts

Spousal maintenance is not awarded automatically; spouses can agree on a maintenance award together, or the court must determine that one spouse needs financial assistance from the other spouse to maintain a reasonable standard of living.

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How is Money Divided in an Illinois High Asset Divorce? 

 Posted on September 15, 2023 in Divorce

shutterstock_2236419905-1-min.jpgThe prospect of dividing assets in a divorce can be seriously daunting. You may have spent a lifetime building up your business, or you may have decades of investments and savings with your spouse. Despite this success, your marriage has fallen apart and now you are wondering what happens next. 

While this worry is understandable, we assure you that you are not alone. An experienced lawyer can assist you through this process. Here at Pesce Family Law, we are available to assist you on your path and guide you along the way.

What is Considered a High-Asset Divorce?

In order for a divorce to qualify as a "high-asset divorce," a couple must have a considerable amount of money. A couple is typically included in this category if they have a net worth that is over one million dollars, although it can depend on whether assets are liquid. 

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