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Posted on in Divorce

Lombard, IL family law attorney legal separation

The decision to get a divorce is hardly ever easy, and it is understandable that you would want to pursue all other possible avenues before beginning the process of legally ending your marriage. You may even hold out hope for reconciliation if you and your spouse can find a way to work together to resolve your marital issues. If you feel that some time apart from your partner would be beneficial, a legal separation could be a good option, but you may wonder how, or if, reconciliation may be possible after you take this step.

Coming Together After a Legal Separation

A legal separation means that you and your spouse stay legally married but begin living separately. Depending on your financial and family situation, you may need to reach an agreement on spousal support, child support, and parenting time like you would if you were getting a divorce, but the option remains open for you and your spouse to end the separation if you both agree to do so.

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Tagged in: child support Divorce legal separation parenting time Wheaton divorce attorney
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Posted on in Children of Divorce

DuPage County divorce attorney parental relocation

During your divorce process, you likely devoted significant time and energy to establishing a parenting plan that was suitable to you and your ex-spouse and addressed your children’s best interests. However, as your children get older and all of your living situations change, it is sometimes necessary to revisit and modify your parenting plan to meet your current needs. One of the biggest changes that can affect a parenting plan is the relocation of one of the parents. If you or your ex are planning a major move, you should consider how you will need to modify your parenting plan to accommodate this substantial change in circumstances.

Modifying Your Parenting Plan After Relocation

It is important to note that when divorced parents share custody of their children, one of them may not simply move at any time. The relocating parent must provide the other parent with reasonable notice, usually at least 60 days, of his or her intent to move. Even then, the other parent can object, in which case, there will be a court hearing to determine whether the relocation will be permitted. One of the most important factors the court considers is the impact the relocation will have on the existing parenting agreement.

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Posted on in Divorce

DuPage County Divorce Attorney asset division

Each week, month, and year, new social media trends get released and new platforms begin to surface. What was popular last week, may not mean much once another Monday rolls around. As smartphones and social media have become more integrated into our lives, it can be easy to forget that there are still personal boundaries when it comes to what should and should not be posted online. Studies have shown that social media content has affected people’s views on their relationships, including romantic ones, sometimes causing issues that could be mitigated without the high usage of social media. With Facebook’s option to list your relationship status, Instagram’s ability to post photos with your new significant other, and Twitter’s propensity to elicit Tweets venting about your ex, your social media posts can greatly impact your Illinois divorce.

Using Your Spouse’s Posts to Your Advantage

If both you and your spouse are heavy social media users, your posts may become evidence in your divorce proceedings. While a judge cannot make a decision based on a single post, online postings can be an indicator of your spouse’s character and reveal white lies he or she may have attempted to tell throughout the divorce. 

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Posted on in Child Custody

Wheaton divorce attorney child custody

According to the Addiction Center, more than 90 percent of people who have an addiction started to use drugs or drink alcohol before they were 18 years old. Problems with drugs or alcohol may impact a person’s professional and personal life. Substance abuse is one of the most common reasons for divorce. Since substance abuse can affect many different aspects of a divorce proceeding, it is important to consult with a skilled family law attorney to ensure that parental rights and responsibilities are protected. In some cases, a spouse’s addiction may influence the allocation of parental responsibilities (child custody). 

A Child’s Best Interest

Within the state of Illinois, the allocation of parental responsibilities is heavily based on a child’s best interest. Typically, both parents will split time with the child. However, if substance abuse plays a role in the child custody battle, the judge may determine that an arrangement of that nature would not be suitable for the child’s well-being. 

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Tagged in: allocation of parental responsibilities child custody Divorce substance abuse Wheaton divorce attorney
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Posted on in Child Custody

DuPage County child custody attorney

The coronavirus pandemic is not just impacting grocery stores and group gatherings. It may also be affecting parental responsibilities (child custody) among divorced parents. On March 16, 2020, Illinois Governor J.B. Pritzker declared a state-of-emergency decree in response to COVID-19. As a result of the declaration, all schools in Illinois are closed until further notice, leaving parents unsure of what they need to do to provide care for their children. Most divorce orders outline when children will stay with each parent if schools are not in session. However, those orders are based on pre-arranged off-days and holiday schedules, not unplanned notices based on a national health crisis. To ensure that your parental rights are protected while addressing your children's health and safety, you should consult with a family law attorney to determine how to proceed.

Top Priorities Amidst the Crisis

Although it is easy to panic at a time like this, parents will want to do their best to protect their children's best interests. Here are some tips to keep in mind:

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Posted on in Divorce

DuPage County divorce lawyer name change

Getting a divorce can be a very complicated process. It may be difficult to think about the decision to keep your married name or revert back to your maiden name when there are so many other pressing issues that need to be resolved. Because of this, many women choose to continue using their married names for the time being. However, if they choose to go back to using their maiden names, a skilled family law attorney can help you complete the legal steps to do so. 

Reasons for Changing Your Name

Changing your last name after your divorce is one of the first steps in getting your original identity back. Whether this decision is emotionally difficult or easy, consider these factors when deciding:

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Posted on in Distribution of Assets

Wheaton property division attorney

During the divorce process, couples must go through financial documents when determining how to divide assets and property and addressing issues such as spousal maintenance (alimony) and child support. In many marriages, a couple’s finances are straightforward, but that is not always the case. In some situations, forensic accounting may be necessary to analyze financial data more closely. If you are considering a divorce and are not sure how forensic accounting may benefit you, it is essential to speak with an experienced family law attorney who can help you explore your options. 

What Is Forensic Accounting? 

Forensic accountants utilize accounting and auditing skills as well as investigative skills to perform a thorough examination of individuals’ financial records. Forensic accountants can be useful during a divorce because they are adept at uncovering financial information that a divorcing spouse may have attempted to hide from his or her spouse and the courts. Forensic accountants may review several types of documents, including:

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Posted on in Family Law

Lombard, IL family law attorney for parental relocation

When a couple decides to end their relationship, it is probable that at least one of them will no longer live in the home they once shared. In some cases, both spouses may move out of the marital home following divorce and relocate to smaller dwellings. However, while moving to a new home may be necessary, parents should be aware of the restrictions that may apply when they plan to move with their children. In some cases, parental relocation may require approval from the court. If you are not sure how a potential move may impact your rights as a parent, you should speak with an experienced family law attorney to learn more about the child relocation laws in Illinois.

Why Do Relocation Restrictions Exist?

The parental relocation laws in Illinois have been put in place to protect a child’s bond with both of his or her parents. In cases that meet the criteria for relocation, the relocating parent must give the other parent at least 60 days' notice prior to the move, and they will need to receive approval from the court for any modifications to the parties' parenting plan. These restrictions ensure that all moves are made in good faith and that a proposed relocation will protect the best interests of the child. 

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Tagged in: Divorce divorce and children family law parental relocation Wheaton divorce attorney
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Posted on in Children of Divorce

DuPage County parenting time attorney

The dissolution of a marriage not only affects the divorcing couple but also any children in the family. Divorce often creates new living situations due to new jobs for the parents, which can result in a different school environment for kids. In some cases, one of the divorcing parents may move out of the family’s town or even out of the state. If you are facing a long-distance relationship with your child, speak with a knowledgeable family law attorney to learn about your rights and options and how a parenting plan can resolve these important issues.

What Is a Long-Distance Parenting Plan?

During a divorce, there are many details to sort out, and a divorce with children in the picture can be even more complex. The important child-related matters that parents will need to address include parenting time (formerly known as visitation) and the allocation of parental responsibilities (formerly known as child custody).

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Posted on in Divorce

Wheaton high-conflict divorce attorney

According to the American Psychological Association (APA), data from the National Survey of Family Growth shows that 48 percent of marriages end when they hit the 20-year mark. Despite this evidence and the colorful divorce horror stories we all hear from our friends, family members, and neighbors, the reality is that not all couples who make up these kinds of statistics experience a toxic divorce. Many spouses are not only able to make a mutual decision to end their marriage, but they are also capable of navigating the process amicably, even acting as a team to ensure a smoother experience for everyone involved. 

Avoiding a Contested Divorce

Not every divorce is messy, but those that are can have the power to wreak havoc on your emotional -- and sometimes physical -- well-being, especially if you do not know how to handle the conflict.

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Posted on in Children of Divorce

Lombard, IL holiday parenting plan attorney

For most people, holidays are spent with relatives and friends. This may include large gatherings with extended family members or a small celebration reserved for parents to spend time with their children. Regardless of your family holiday traditions, they typically include time spent with your kids. This may seem like second-nature to married couples; however, those parents who are recently divorced must learn how to navigate these special days differently. To ensure that both parents can have quality time with their kids, it may be necessary to adjust parenting schedules during the holidays.

What Is Considered a “Holiday” By the Court?

It can be difficult for the court to address specific holidays, since they can vary based on families’ traditions and religious beliefs. However, there are guidelines provided to help those formulating parenting plans pin down what they consider a holiday. Thanksgiving and Christmas may be the two that come to mind, but there are various other holidays throughout the year that divorcing couples must consider. Holidays that result in three-day weekends, such as Labor Day and Memorial Day, can be listed as holidays in your parenting plan. Because the children are off of school, this can allow parents to spend extra time with their kids. 

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Tagged in: amending a parenting plan children of divorce Divorce parenting plan Wheaton divorce attorney
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