Pesce Law Group, P.C.

FREE CONSULTATIONS 630-352-2240

Naperville | Oak Brook | Burr Ridge | Lake Forest | St. Charles

Recent blog posts

IL divorce lawyerThe division of property and debt is often one of the most important aspects of divorce. If you are ending your marriage, you may have questions about how your shared assets will be divided between you and your spouse. If you are like many soon-to-be-divorced people, you are especially concerned with ownership of the family home. Your house, condominium, or other residence is not only a valuable asset in the financial sense, it is also valuable for sentimental and personal reasons. If you are a parent, the family home may also represent stability and familiarity to your children. Understandably, the question of who gets the house is often one of the top concerns in a divorce case.

Illinois Law Regarding the Marital Home

The court does not always allocate marital assets in a divorce. In most cases, the spouses are able to reach a property division settlement outside of court with help from their attorneys. Some couples decide to sell the home and divide the profits from the sale evenly. Other couples decide that one spouse will keep the home while the other spouse keeps property of equivalent value.

However, if a couple does not reach an agreement, property is allocated according to the rules set forth by Illinois law. Illinois courts allocate marital property to spouses in a manner that is equitable, or fair, according to the spouses’ financial circumstances, employability, child custody arrangements, and other factors.

...

IL divorce lawyerFor 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.

Before a contested divorce can be properly settled, it is highly suggested that each spouse collaborates with a separate attorney. Because so much of a divorce dispute will involve a court and various legal procedures, each party will want their own representation that is able to analyze and administer complexities and issues that arise.

...

IL family lawyerGrandparents 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.

In the event that a parent does deny a grandparent visitation, the grandparent has the option to petition for court-ordered time with the child. In order for this petition to be granted, the grandparent must consider several factors. First and foremost, the grandparent must prove that the absence of visitation is without reason and also results in the child’s physical or emotional harm. For a judge to consider granting the request, one of the following factors must also be present:

...
Back to Top