Recent Blog Posts

Planning for Life After Spousal Maintenance Ends

 Posted on April 12, 2021 in Divorce

Will County divorce attorneyThough getting a divorce is often the right decision for personal reasons, you may find yourself at risk of financial hardship without your spouse’s income, especially if your own earning ability is limited. Petitioning for spousal maintenance can help you meet your needs after the divorce, but these support payments usually have an end date, and they can terminate earlier than expected under certain circumstances. With this in mind, it is a good idea to start planning for your future as soon as possible.

How Long Will Support Payments Continue?

When an Illinois court determines that spousal support is appropriate, it will often be ordered for a fixed term, the length of which is figured using a calculation based on the length of the marriage. In general, a longer marriage means a longer duration of spousal maintenance payments, though the court may decide to deviate from the calculation depending on the specific circumstances. In any case, the end date of support payments will be included in the divorce decree. However, alimony payments can terminate before the expected end date if the receiving spouse remarries or moves in with a new partner, or if the paying spouse dies.

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Understanding Exclusive Possession of Residence in an Order of Protection

 Posted on April 05, 2021 in Domestic Violence

protection-order-domestic-violence.jpgDomestic violence is a serious and widespread problem in Illinois and throughout the United States., and it is important for victims and those under threat to know where they can turn for help. One of the most powerful shields from domestic violence is an order of protection issued by the court and enforced by local law enforcement. An order of protection can grant many different kinds of relief, including prohibiting an alleged abuser from engaging in abusive behavior or coming near a person or their children at work or school. Perhaps the most significant--and most complicated--form of relief is a grant of exclusive possession of the residence.

Considerations When Granting Exclusive Possession

In a legal proceeding involving an order of protection, the person requesting protection is known as the petitioner, and the alleged abuser is known as the respondent. When the court grants exclusive possession of the residence, this means that the respondent is ordered to stay away from the location where the petitioner lives, even when the respondent shares that residence and fully or partially owns or leases it.

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Am I Eligible for a Joint Simplified Dissolution of Marriage?

 Posted on March 29, 2021 in Divorce

Will County divorce lawyerEnding a marriage can be a complicated process, especially when the couple has built a life together over many years. However, some people recognize early on that their marriage is not going to work and decide to file for divorce after a short time. If you and your spouse are in agreement about ending your marriage, you may be eligible for a joint simplified dissolution of marriage in Illinois, which can make the process much easier and more efficient.

Joint Simplified Dissolution Criteria

Under Illinois law, there are several qualifications that a couple must fulfill in order to pursue a joint simplified dissolution of marriage. You and your spouse may meet the requirements if:

  • You have been married for less than eight years.
  • One or both of you have been an Illinois resident or stationed in Illinois for military service for at least the past 90 days.

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Adjusting Your Illinois Parenting Plan for a Relocation

 Posted on March 22, 2021 in Child Custody

Joliet family law attorneysIn many cases, a move to a new location after a divorce can be an important step in starting a new life, especially if it comes with a major change of scenery or a promising career opportunity. However, parents who plan to move with their children after divorce may need to consider not only their children’s best interests, but also the impact of the move on their former spouse. Whether your relocation happens with the other parent’s consent or you need to seek approval from the court, you will also need to prepare to update your parenting plan to account for the change.

What Parenting Plan Modifications Will I Need to Make?

In an ideal scenario, a relocating parent can work with the other parent to modify the parenting plan in a way that protects both parents’ relationships with the children and allows the other parent to feel comfortable with the move. However, it is not always possible for parents to reach such an agreement. When the parents are in conflict, an Illinois court will need to decide on appropriate modifications that are in the children’s best interests. Some of the most important factors the court will consider include the opportunities for the children in the new location and the impact of the move on the children’s relationships with both of their parents.

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Does Establishing Paternity Mean the Father Will Have Custody Rights?

 Posted on March 15, 2021 in Family Law

Will County family law attorneyLegal matters related to a child’s paternity rarely exist in a vacuum. Often, they are accompanied by questions regarding the extent to which the father will be involved in the child’s life. For example, will the relationship be limited solely to financial support, or will the child be spending significant time with the father? The answer varies from case to case, and regardless of the method you use to establish paternity, you should be prepared for the possibility of a court case addressing parenting time and parental responsibilities.

What Comes With the Establishment of Legal Paternity in Illinois?

In many cases, the primary purpose of establishing legal paternity is to ensure that the father is obligated to contribute to child support. This, of course, benefits the child, but it also helps the mother or whoever has custody of the child. Additionally, when a legal parent-child relationship has been established, the child is eligible for other financial benefits from the father, including inheritance, health insurance coverage, and benefits from life insurance, Social Security, and Veterans Affairs.

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Determining Your Children’s Living Arrangements After Divorce

 Posted on March 08, 2021 in Divorce

Will County family law attorneyFor many divorcing parents, decisions related to their children are not only legal matters, but extremely personal matters. This is especially true when it comes to what the children’s living arrangements will be after the divorce, as the outcome can have major ramifications on parent-child relationships and the day-to-day lives of both the parents and the children. As you attempt to resolve the question of parenting time in your divorce, you should consider a few important questions.

Can You Reach an Agreement With Your Spouse?

If you and your spouse are on fairly good terms, you can work together to create a parenting time schedule that meets the needs of the whole family. Doing so can help you save time and stress during the divorce process, and it can also help you be better, more cooperative co-parents after the divorce is complete. As you work toward an agreement, it may be important to discuss who, if anyone, will continue to live in the family home, how parenting time can be balanced with each parent’s work schedule, how you will share holidays and special occasions, and how you will resolve any future disagreements.

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What Happens If I Cannot Afford to Pay Spousal Support?

 Posted on February 26, 2021 in Divorce

Joliet family law attorneyThe prospect of getting a divorce can be daunting, not only because of the major life changes it will bring, but also because of the many expenses associated with the process. You may be concerned about how the divorce will affect your financial stability, especially if you are ordered to pay spousal support, otherwise known as alimony or maintenance. You should know that an attorney can help you avoid financial hardship related to a spousal support order both during and after the divorce process.

Will I Be Ordered to Pay Alimony?

Many people are under the assumption that alimony is a part of every divorce resolution, but in Illinois, this is not the case. You will not automatically be ordered to pay spousal support just because you are getting divorced, nor simply because your spouse asks for it. Furthermore, spousal support is not used as a punishment for something that either spouse did to damage the marriage, so you do not need to worry about your past behavior influencing the court’s decision on this matter.

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What Are the Options for Establishing Legal Paternity in Illinois?

 Posted on February 19, 2021 in Family Law

Joliet paternity lawyerWhen a child is born to unmarried parents, there is often uncertainty surrounding the father’s involvement in the child’s life, or even the father’s identity. Establishing legal paternity can remove much of that uncertainty and lead to many important benefits, including financial support for the child and parental rights for the father. Under Illinois law, there are several options for establishing paternity, and it is important to consider which one is the best choice for your case.

Methods of Establishing Paternity

Some ways of establishing paternity are more difficult than others, and the options available will depend in large part on the nature of the relationship between the child’s parents. The possible methods of establishing a man’s parentage in Illinois include:

  • Presumption of paternity - In Illinois, a man is presumed to be the legal father of a child if he was previously married to the child’s mother within 300 days prior to the child’s birth, even if he is no longer married to the mother when the child is born. Additionally, a man who marries the child’s mother after the child’s birth may be presumed to be the father if he agrees to be listed as such on the birth certificate. However, it is important to note that a presumption of paternity may be rebutted if there is evidence that another man is the child’s biological father.

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What Can I Do If My Spouse is Dissipating Marital Assets in Illinois?

 Posted on February 15, 2021 in Divorce

Joliet divorce attorneysThe divorce process is often a time of intense conflict, and unfortunately, it can sometimes bring out a person’s worst behavior. Spouses may attempt to hurt each other out of anger, resentment, frustration, selfishness, or more destructive impulses, and one way of doing so is by dissipating marital property before it can be divided in the divorce. It is important to know that if your spouse is dissipating assets, an attorney can help you hold him or her accountable and achieve a fair outcome.

What Does It Mean to Dissipate Assets?

Broadly speaking, the dissipation of assets occurs when a couple’s marriage has entered a period of irretrievable breakdown, and one of the spouses uses marital assets in a way that has no benefit for the other spouse. In practice, this can take many different forms. For example, a spouse could attempt to transfer marital assets to a private account or to a friend or family member to save for after the divorce. Alternatively, a spouse could spend marital assets for a purpose in their own self-interest; for instance, to buy things for a person with whom they are having an affair. In some cases, a spouse will even destroy or waste marital assets to the benefit of no one.

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Managing Parenting Time Challenges During the COVID-19 Pandemic

 Posted on February 08, 2021 in Child Custody

Will County family law attorneysUnder any circumstances, divorced parents may find it challenging to share parenting time in a way that meets the children’s needs, fosters a strong relationship between the children and both parents, and minimizes co-parenting conflicts. Over the course of the past year, the unique circumstances of the COVID-19 pandemic have only further complicated these issues. Whether you are already divorced or you are going through a divorce now, an experienced attorney can help you handle parenting time to account for the current situation.

How Has COVID-19 Affected Parenting Time in Illinois?

The pandemic has brought about many changes to our way of life in Illinois and throughout the United States. Some of the changes that can directly affect divorced or divorcing parents include:

  • Family health concerns - Many parents are concerned about the spread of the virus when children transition between households, especially if each parent has a different perspective on upholding health precautions. Parents who are at risk of severe complications from the virus, or who live with grandparents and other older relatives, may be especially worried.

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