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Recent Blog Posts

How Do I Change My Illinois Child Custody Agreement?

 Posted on February 12,2024 in Child Custody & Allocation of Parental Responsibility

Blog ImageChild custody is often one of the most contested items in a divorce, and coming to an agreement about parental responsibilities and parenting time can often take significant effort from both parties. Once this agreement has been made, however, there may be situations that warrant a change. It is important to meet with an Illinois child custody attorney to understand how to make changes to your child custody agreement.

Is It Possible to Make Changes to a Child Custody Agreement?

In Illinois, it is possible to make changes to your child custody agreement in certain situations. The Illinois Marriage and Dissolution of Marriage Act outlines details about child custody and parental agreements in addition to stating that changes cannot be made to an agreement within the first two years of it being issued.

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Can I Include Child Custody Arrangements in a Prenup?

 Posted on January 30,2024 in Family Law

Kane County family lawyerPrenuptial agreements are becoming increasingly popular among couples who are about to get married. These documents can include plenty of important information about how to handle assets should divorce, or the death of a spouse occur. An Illinois family law attorney can help you understand what exactly to include in a prenup and if your child custody arrangements are permitted in these documents.

What Should My Illinois Prenuptial Agreement Include?

When crafting an Illinois prenuptial agreement, it is always important to understand what this document can and cannot include. In general, your prenuptial agreement can consist of items such as financial decisions for circumstances like the death of a spouse, agreements about the division of assets or property each spouse owns in a divorce, and agreements about the division of any debt or property acquired during the marriage.

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Must I Create a Parenting Plan in My Illinois Divorce?

 Posted on January 24,2024 in Child Custody & Allocation of Parental Responsibility

St. Charles child custody lawyerThere are many factors to consider as you start to pursue a divorce from your spouse. Suppose you share a child with your partner. In that case, you will need to discuss the topic of child custody and parental responsibilities. Child custody can be a complex issue and highly contested, which is why creating a parenting plan with your spouse outside of court can help make this process easier. An experienced Illinois child custody lawyer can help you with this.

What Is a Parenting Plan?

A parenting plan is a plan that both spouses come up with during the divorce process that outlines essential issues such as primary or shared custody, how time is divided between parents, and which parent makes important decisions for the shared child.

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Will a Prenuptial Agreement Protect Me During Divorce?

 Posted on January 16,2024 in Family Law

Kane County divorce lawyerPrenuptial agreements are becoming increasingly common between couples who want to ensure their assets and finances are protected. Prenuptial agreements can become even more important during the divorce process, as these agreements often help spouses divide their assets, property, debt, and finances.

If you have a prenuptial agreement and are considering divorce, you may want to speak to an Illinois divorce lawyer about how your document can protect you during this process.

What Is a Prenuptial Agreement?

A prenuptial agreement is an agreement signed by both partners before marriage. It details how assets will be divided in the event of a divorce, how debt and property are handled, and how assets or estate planning is to be handled in the case of a spouse’s death. A prenuptial agreement is a way to protect wealth and assets and to ensure you and your partner are on the same page about the division of property and assets should a divorce occur in the future.

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Will Adultery Affect My Divorce?

 Posted on January 09,2024 in Illinois Divorce

Kane County divorce lawyerDealing with infidelity during a divorce can make things more contested, and issues with adultery might affect important factors of your divorce, such as settlements and spousal support agreements. If you are starting the process of divorce and adultery is involved in some way, you need an experienced Illinois divorce attorney to help guide you through this process.

Do I Need to Prove Adultery to Get a Divorce in Illinois?

Adultery is another word for infidelity or cheating, where one partner in a relationship has emotional or physical relations with someone else without their partner knowing. Adultery is often grounds for divorce in a marriage, and some states make adultery a criminal offense or require that adultery be proved before a divorce can be pursued.

In Illinois, the Marriage and Dissolution of Marriage Act maintains that the state is a ‘no-fault’ divorce state. This means that a spouse does not need to prove that their partner is cheating, abusive, or in any way contributing to their need for a divorce. Instead, a divorce can be requested due to ‘irreconcilable differences’ without the need for any proof.

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Can a Prenuptial Agreement Protect My Business in a Divorce?

 Posted on December 28,2023 in Illinois Divorce

St. Charles divorce lawyerDivorces can be complex, and if you share a business with your partner or own a business before marriage, you have important assets to consider. A prenuptial agreement can protect your business’s assets during a divorce. Still, it is important to know how to draft your agreement to receive the best benefits and protection for your business. An experienced Illinois divorce attorney can help you with this.

What Is a Prenuptial Agreement?

A prenuptial agreement is an agreement that both spouses draft and agree to before a marriage is finalized. A prenuptial agreement helps protect both spouses’ interests in the case of a divorce and helps allocate which property and assets belong to which spouse.

You may want to strongly consider signing a prenuptial agreement if you have rental properties or other high-value assets in your name, you want to be protected from debts your spouse may have in a divorce, or you want to divorce if it occurs.

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What Makes a Parent Unfit in Illinois?

 Posted on December 21,2023 in Child Custody & Allocation of Parental Responsibility

St. Charles child custody lawyerDetermining if a parent is unfit in Illinois occurs often in divorce cases, especially divorces that are complex or contested. As you work to create a child custody agreement, you may want to present evidence that your soon-to-be ex-spouse is an unfit parent. An Illinois child custody lawyer can help you explore your options if you wish to pursue full custody of your child due to an unfit parent.

Factors That Make a Parent Unfit

During a divorce, emotions are high, and many parents may want to try their best to win a child custody case. All accusations must be investigated, and there are several factors that courts and attorneys look for to determine if a parent is truly unfit and unable to care for their child correctly.

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Will My Divorce Be Expensive?

 Posted on December 14,2023 in Child Custody & Allocation of Parental Responsibility

St. Charles divorce lawyerDivorce is a challenging process, and there are certain costs associated with divorce that are unavoidable. It can be hard to determine whether or not your divorce will be expensive initially, though you can work with an Illinois divorce lawyer to receive an estimate. However, you should be prepared for this number to increase or decrease as the process of your divorce goes on.

Costs Associated With Divorce

There are several different costs associated with divorce that may contribute to your overall financial burden. Attorney fees, divorces that go to trial, court fees, and other fees associated with investigating and creating divorce agreements are all major factors in the cost of your divorce.

It is also essential to take into account varying costs that will take effect after a divorce is finalized, such as child support or spousal support payments. Illinois statutes govern both of these financial obligations, and these laws must be considered when thinking about the costs of divorce.

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Can I Change My Divorce Agreement?

 Posted on December 07,2023 in Child Custody & Allocation of Parental Responsibility

St. Charles Family Law Attorney

Handling a divorce can be tricky, and it can be hard to know if items will need to be modified in the future or not when creating divorce agreements. Post-divorce modifications are allowed in some circumstances. Still, they generally need to be agreed upon by both parties involved in the divorce. An Illinois divorce lawyer can help you understand if you can change your divorce agreement and fight for the most equitable outcome based on your divorce situation.

When Are Post-Divorce Modifications Allowed?

Post-divorce modifications are allowed in certain circumstances after a divorce agreement is finalized. In general, any modifications to a divorce agreement must be agreed upon by both parties, or there will need to be a significant change in circumstances that makes the original divorce agreement challenging to uphold.

Examples of circumstances that might warrant a post-divorce modification include:

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How Are Most Custody Disputes Resolved? 

 Posted on November 28,2023 in Child Custody & Allocation of Parental Responsibility

St. Charles Divorce LawyerCustody disputes can be emotionally traumatic and legally complex situations. It must always be remembered that the ultimate goal in a custody dispute is to ensure the best interests of the child are always put first before any other considerations. While litigation is certainly an option, most custody disputes are resolved through alternative methods that prioritize collaboration and compromise. If you are getting a divorce and a custody dispute is part of your situation, contact an experienced lawyer to help you get through this challenging situation

Three Ways Custody Disputes Are Resolved 

  1. Mediation – This is a prevalent method for resolving custody disputes in Illinois, as it encourages the parties to engage in open communication between the parents with the helpful assistance of a neutral third party. The mediator facilitates the discussions, assists in identifying common ground, and helps parents reach mutually acceptable agreements. Mediation is an excellent method because it allows parents to maintain control over the outcome while fostering a cooperative co-parenting dynamic that can benefit the children in the long run

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