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Recent Blog Posts

Victims of Domestic Violence: An Order of Protection Can Help

 Posted on February 24, 2016 in Domestic Violence

domestic violence in Illinois, Naperville family lawyerDomestic violence is a major issue in America, and despite growing awareness and media coverage, many victims across the country suffer without help. Some victims fear they will not be believed if they report the abuse. Others fear retaliation from their abuser. In just one day, domestic violence hotlines across the country receive over 20,000 phone calls. In Illinois, victims of domestic violence do not need to suffer. An order of protection can help victims of domestic violence escape their abuser and stay out of harm's way while additional help is received.

Orders of Protection in Illinois

Victims of domestic violence are eligible to get orders of protection in Illinois. These orders prevent an abuser from further harming the victim, and may include other restrictions. The order may require that the abuser to stay away from the victim and their other family members, may limit their communication or prevent communication completely, and could restrict any potentially abusive behavior such as harassment or stalking. An order of protection, depending on its requirements, may also order the abuser to take actions to better themselves, such as attending a treatment program or counseling session. They can also require abusers to pay child support.

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Tips to Keep in Mind When Preparing for Your Divorce

 Posted on February 18, 2016 in Divorce

divorce preparation, Naperville family law attorneyEven couples expecting an amicable divorce should prepare for unexpected turns. Divorce is challenging, both emotionally and financially, and those about to file for divorce should take steps beforehand to prepare themselves for the process. Give yourself an advantage heading into your divorce by following these tips to help you feel empowered and ready for the proceedings.

Understand Your Financial Situation

If you are hoping to keep your divorce as short as possible, it is in your best interest to build an understanding of your household’s financial situation before filing. Attorneys say that all too often their clients come in lacking important information on their finances, and searching for them after filing with only lengthen the process. Instead, it is recommended to gather important financial documents, things like tax returns, credit reports, and financial statements before you initiate the divorce process. In doing so, you and your attorney can immediately begin devising a plan. If possible, gather your information from outside sources, like a business manager or accountant, to ensure you are getting the most detailed information you can.

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How to Respond to High Conflict Communication from Your Ex

 Posted on February 16, 2016 in Divorce

Naperville divorce attorney, communicationsWith the wide variety of communication methods available today, many divorced people report receiving hostile emails, text messages, or letters from their ex-spouse. Divorce is not an easy process, and times of conflict tend to make people emotional. Your spouse may be angry, sad, or still processing your divorce in some way. Receiving an angry letter or email from your spouse can be upsetting, and you may be wondering how to proceed. Should you respond? What should your response include? Should you be worried? This is a person you once loved, and may even share children with, so how you handle yourself is important. In addition to potentially harming your relationship, if any of your divorce proceedings are not settled, your response could impact the outcome of your case as well.

Should I Respond?

In reality, most hostile texts, emails, or letters do not require any response. Angry letters from an ex do not typically hold legal significance, so if you can let it go, do so. Responding will only escalate the issue, and will likely encourage your ex to respond again. If your ex is simply venting, let them. Their communication only holds power over you if you allow it.

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Handling Your Upcoming Custody Evaluation

 Posted on February 11, 2016 in Child Custody

Naperville family law attorneyDuring a divorce case, if a couple cannot agree on a parenting plan, a judge will decide on parenting issues. In this scenario, it is common for a judge to seek the help of a custody evaluator. While the laws in Illinois have been recently been amended to utilize the new phrase "allocation of parental responsibilities," the more casual term "custody" is still commonly used when referring to evaluations and evaluators.

The role of a custody evaluator is to gather information on a family and their specific case, and then report back to the court with a recommendation of how parenting time and responsibilities should be allotted. This evaluation can be one of the most important elements that divorcing parents face, and while judges are not required to act on the recommendation of evaluators, courts frequently do use the information provided by the evaluator when making their final decisions. You, your soon-to-be ex-spouse, and your children may meet with an evaluator in his or her office, or a home visit may be scheduled. Though these meetings can be stressful, there are a few tips parents can follow to ensure they are prepared for the evaluation.

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Which States Have the Cheapest and Most Expensive Divorces?

 Posted on February 09, 2016 in Divorce

divorce finances, Naperville family law attorneyFor many couples, February is a month of love. Valentine's day is the perfect time to show your love and support for your spouse. Trends show, however, that for many other couples, the beginning of the year may bring with it the end of their marriage. Many unhappy couples choose to file for divorce at the beginning of the year, likely hoping for a fresh start. So while happier couples are making plans for Valentines day, those about to start a divorce are likely planning financially for the costs ahead. While predetermining a cost for your divorce is difficult, due to the fact that each divorce case is different, in the United States, the average cost of a divorce is typically $15,000 to $20,000. Of course, the cost of your divorce will depend on many different factors. One important factor, which may be surprising, is what state in which you live. A recent survey examined the costs of divorce in each of the United States. Take a look at a few states with the most and least expensive divorces.

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Is Domestic Violence More Common For Same Sex Couples?

 Posted on February 04, 2016 in Domestic Violence

domestic violence, Naperville family law attorneyWe all know that domestic violence is a dangerous problem in America. Recent reports have shown that about 25 percent of heterosexual women experience some form of domestic violence in their lifetime. This alarmingly high rate includes any sexual, physical, or psychological harm inflicted on a victim by a current or past partner. Researchers have studied domestic violence since the 1970’s, but have primarily focused on opposite-sex relationships where women are abused by a male partner. Thanks to last summer’s Supreme Court ruling on gay marriage, LGBTQ individuals across the country are now legally able to marry in every state. Do people in same-sex relationships and marriage experience domestic violence at a similar rate to heterosexual couples? Researchers from Chicago’s Northwestern University Feinberg School of Medicine say yes, same sex couples do experience domestic violence, and in fact, at possibly higher rates than straight couples.

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Is Collaborative Divorce the Right Choice for Me?

 Posted on February 02, 2016 in Mediation and Collaborative Law

collaborative divorce, Naperville divorce attorneyAs is the case with any major life change, going through a divorce can be an extremely emotional experience. For some people, the thought of adding the conflict of a typical divorce proceeding into the mix is too much. Is there an option for those who are looking for a more peaceful method of divorce? Fortunately, a recent development in family law, known as collaborative divorce, has proven successful for many couples hoping to split up amicably. If you are hoping to avoid a costly, emotionally draining, and potentially conflicted divorce proceeding, collaborative divorce may be the right choice for you. Here is what you need to know.

What Is Collaborative Divorce?

Collaborative divorce is often likened to another more peaceful divorce alternative; mediation. While mediation and collaborative divorce do share similarities, one major difference between the two is that mediation involves impartial mediators, while collaborative divorce involves lawyers to represent both spouses. Rather than face off in a courtroom, collaborative divorce attorneys agree to focus on cooperation between both parties and work towards drafting a divorce agreement both parties can agree to. Instead of litigation and adversarial strategies, collaborative divorce attorneys use techniques to maintain positive negotiations between both parties. All parties involved commit to finding an amicable outcome and agree that no litigation will take place during the collaborative negotiations. Parties agree to predetermined terms, such as:

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My Child Is Getting Divorced: What Should I Do?

 Posted on January 28, 2016 in Divorce

child's divorce, Naperville divorce attorneyDivorce is often a painful experience for everyone involved. Even when a divorce happens for all the right reasons, the process is still stressful and emotional. Spouses going through a divorce face a long emotional process likely including a mix of pain, sadness, anger, nervousness, frustration, and regret. If children are involved, they will be dealing with their own mix of emotions, and may even take the divorce harder than the parents. When divorce happens, we often tend to sympathize with the couple themselves, and any children involved. But what about another party that likely faces the challenge of coping with divorce: the parents of the divorcing couple? Watching a child get divorced can be one of the most painful and difficult experiences a parent can go through.

You may fear for their future well-being, question your own parenting, and, if grandchildren are involved, you may worry about them and your ability to see them. Parents should do their best to be strong and supportive for their child, which can be difficult when they themselves are likely grieving the end of the marriage as well. If your child is about to divorce or already in the middle of the divorce process, experts recommend following a few tips to ensure that you are as supportive and helpful as possible to your child.

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Divorce and Financial Aid for College Students

 Posted on January 26, 2016 in Divorce

financial aid, Naperville family law attorneyThink divorce is a complicated process? Try applying for financial aid to cover the costs of college tuition after a divorce. For parents all across the United States, the rising costs of college tuition are a burden for their family, and many parents rely on the help of financial aid to pay for their child’s college education. The Free Application for Federal Student Aid, known as FAFSA, is complex enough for married couples with children, and can be even more perplexing for co-parents who have been divorced. In some situations, divorce can mean a child may benefit from special rules. In other, more unfortunate cases, divorce may lead to a child receiving a smaller than expected sum of financial aid. Considering the amount of funding your student receives for college depends on FAFSA, completing the application correctly is vital. Here are a few things divorced parents need to be aware of while seeking financial aid for their future college student.

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How Child-Focused Mediation Protects Children During Divorce

 Posted on January 21, 2016 in Mediation and Collaborative Law

mediation, Naperville family lawyerDivorce is a stressful process for everyone involved, but experts recommend divorcing parents do their best to stay focused on the number one priority in their lives; their children. Spouses tend to hire professionals to represent and assist them, be it attorneys, mediators, or other divorce experts, but in many cases, children going through divorce have no voice. Divorcing parents must remember that divorce affects everyone involved. For many children, divorce can mean new living arrangements, time apart from a parent, and a new lifestyle, all changes that can be difficult to process, especially as a child. For parents hoping to protect and prioritize their children during divorce, experts recommend a non-adversarial divorce process known as child-focused mediation.

What Is Child-Focused Mediation?

Child-focused mediation is a type of mediation that originated in New Zealand and Australia, both places where collaborative divorce methods are used frequently by the court systems. The goal of child focused mediation is not to bring a child into the middle of the chaos of a divorce, but rather to ensure that their voice is heard during the process, and that they are advocated for. Mediators may use different methods, but the end goal and result is always the same; to provide a voice for children caught in the middle of divorce and to ensure that divorcing parents are aware that every decision they make can impact their children. Mediators agree that divorce is not an ‘adult-only’ problem, and child focused mediators are trained in a variety of techniques to help divorcing families shift the focus to their children. To do this, experts say parents need to avoid the conflict-focused state of mind that is typical during the divorce process, and instead adopt a child-focused state of mind.

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