Recent Blog Posts

Unique Solutions for Amicable Divorced Co-Parents

 Posted on May 08, 2024 in Child Custody

IL divorce lawyerParents sometimes find that they are better as friends than as spouses. If you and your children’s other parent realize that you do not want to be married to each other anymore but can remain friends, you will likely enjoy a functional and peaceful co-parenting relationship. You have options that would likely not work for ex-spouses with a more contentious relationship. Your children can benefit tremendously from your continued friendship, as they will not experience the same degree of conflict that most other children of divorce do and will witness their parents working together. You can incorporate cooperative strategies into your parenting plan. A Wheaton, IL child custody lawyer can help identify the best co-parenting arrangement for you.

Ideas for Amicable Co-Parenting 

A few creative options for amicable but divorced co-parents include:

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Can Siblings be Separated in Child Custody Cases?

 Posted on May 03, 2024 in Child Custody

IL family lawyerIn most cases, courts will strive to keep siblings together. The bond between brothers or sisters is considered an important relationship in the children’s lives. If you have more than one child, your parenting time arrangement will most likely involve having your children move between each parent’s household together. However, there are situations where it is in a child’s best interest to live separately from his or her sibling, either some of the time or all of the time. Your children may have very different needs, or one sibling may be harmful to the other. If you have concerns about whether your children should be together, you should talk to a DuPage County child custody lawyer.

When Would Siblings be Apart After a Child Custody Case? 

Most siblings who have a normal and healthy sibling relationship will stay together at all times while the parents take turns spending time with them. Some situations where it might be better for siblings to have time apart include:

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Child Custody and Your Parent-Child Relationship

 Posted on April 29, 2024 in Child Custody

IL family lawyerGoing to court over a child custody dispute means that many aspects of your private life will be closely examined by a Guardian ad Litem and then a judge. The court will investigate many factors, including the relationship you share with your child, the sibling relationships between your children, and other important relationships in your child’s life. This process may feel very invasive, but it helps the court determine what parenting time arrangement is going to be best for your child. Your DuPage County, IL child custody attorney can help you prepare for this investigation and understand what kinds of questions you and your child may need to answer.

Understanding the Parental and Other Relationships Factor 

To decide what parenting time schedule would be in your child’s best interests, the court will want to understand the nature of the relationships your child shares with you, the other parent, her siblings, and any other significant people in her life. The court will want to understand:

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The "Caretaking Functions" Child Custody Factor

 Posted on April 22, 2024 in Child Custody

IL family lawyerIn Illinois, child custody decisions are made based on what is best for the child. When the courts have to make child custody decisions, they consider a list of factors. One of these factors is which parent spent more time performing “caretaking functions” in the last two years or if the child is younger than two years old since the child was born. What exactly are “caretaking functions?” Caretaking functions are all the things parents do to keep their children healthy and safe while teaching them good behavior and moral lessons. A Wheaton, IL child custody lawyer can help you understand what caretaking functions the court might consider in a contested child custody case.

Understanding What Caretaking Functions Are 

“Caretaking functions” is a very broad term that includes the obvious parenting tasks, like changing diapers or cooking food for the child, and other tasks like providing moral guidance. Some of the caretaking functions the court might consider include:

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Divorce When Your Spouse Is in Jail

 Posted on April 18, 2024 in Divorce

IL divorce lawyerYou can get divorced while your spouse is incarcerated. In fact, it is quite common for people to file for divorce after their spouse has been arrested. This is very common in domestic violence and child abuse or endangerment cases. If you have experienced spousal abuse or if your spouse is a danger to your children, it may be best to initiate divorce proceedings while your spouse is still incarcerated. While your spouse is locked up, he cannot hurt you or your children, nor can he dispose of marital property that has not been allocated to him. If you are divorcing someone who is currently housed in a correctional facility, it is important to be represented by an experienced DuPage County, IL divorce lawyer. Certain steps, like serving the inmate with divorce papers might be more complicated.

Is Uncontested Divorce Still an Option if My Spouse is Incarcerated? 

Yes, you can get an uncontested divorce if your spouse is in jail. Since inmates normally cannot appear in civil court while they are in jail, getting an uncontested divorce may be a good option. While you likely cannot - and perhaps should not - communicate directly with your spouse during negotiations, your attorney can facilitate settlement talks. The process may take a bit longer, as communication will be limited.

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Divorcing a Narcissist

 Posted on April 12, 2024 in Divorce

IL divorce lawyerBeing married to a narcissist can be impossible. Narcissists are rarely capable of having a healthy marriage, as they tend to see their spouses - and everyone else - as beneath them. People with Narcissistic Personality Disorder may not be good and caring parents either. They are often so focused on protecting their images that they discount their children’s needs and preferences in an effort to project a picture of the perfect family. Divorcing a narcissist can be just as difficult as being married to one. Your divorce may be more complex than most. However, having an excellent DuPage County, IL divorce attorney on your side can make a tremendous difference in both the outcome of your case and the ease of the divorce process.

Tips for Getting Divorced When Your Spouse is a Narcissist 

In all likelihood, you did not know you were marrying a narcissist when you said, “I do.” Narcissists can be incredibly skilled at masking their true tendencies until they feel that their partner is “trapped.” Tips for divorcing a narcissist include:

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Who Keeps the Family Home After Divorce?

 Posted on April 08, 2024 in Division of Assets

IL divorce lawyerEstablishing two separate households - one for each former spouse - can be one of the more costly and inconvenient aspects of divorce. Whether you and your spouse own your home or rent an apartment, it is likely that one of you will remain in the marital home and one of you will need to move out and find a new residence. However, there are other options if this proves impractical or is simply not your preference. In Illinois, all marital property is to be divided in a fair and equitable manner. Whether you own the property or have an ownership interest in your tenancy agreement, the place where you and your spouse lived together will likely be subject to equitable division. A DuPage County, IL divorce lawyer can help you understand what the possible outcomes may include. 

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Your Child's Wishes and Your Parenting Plan

 Posted on April 03, 2024 in Child Custody

IL family lawyerAs a parent, you may be wondering how your child’s wishes may factor into your parenting plan. One of the factors Illinois courts will consider when determining what custody arrangement is in the best interest of your child is his or her own wishes. The older and more mature your child is, the more his or her input is likely to matter. An older child’s reasonable wishes may carry substantial weight. However, judges are also aware that children who are younger or less mature are likely to have opinions that go against their own best interests. A Wheaton, IL child custody attorney can help you determine how your child’s expressed wishes may influence the outcome of your child custody case.

How Important Are My Child’s Wishes? 

If your child is young, immature, or has wishes that clearly are not in his or her best interests, your child’s opinions are not likely to carry much weight. However, if your child is older, more mature, and capable of making reasonable decisions about his or her own life, the court may give your child’s wishes greater weight. Some things the court may consider when deciding how heavily to weigh your child’s interests include:

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Ways to Divide an Investment Account in an Illinois Divorce

 Posted on March 29, 2024 in Asset Valuation

IL divorce lawyerAn investment account can be challenging to divide during a divorce. When you and your spouse own numerous stocks in an investment account, dividing them equitably can be mathematically and practically challenging. There is likely to be some risk involved if you retain ownership of some stocks but not others. Your shares could appreciate while your spouse’s depreciate, or vice versa. Or, you could miss out on appreciating stocks by selling them and dividing the value. It is important to work closely with a DuPage County, IL high-asset divorce attorney who is knowledgeable in investment finances while you are dividing an investment account during your divorce.

Methods for Equitably Dividing an Investment Account

Risk management is always a priority when you and your spouse are determining how to divide your investment accounts during the divorce process. You will likely have multiple options, including:

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6 Common Reasons for Gray Divorce in Illinois

 Posted on March 25, 2024 in Divorce

IL divorce lawyerGray divorce has gone from quite rare to very normal. Older spouses grow apart just as younger spouses do, sometimes even more so after a very long marriage. Many people undergoing gray divorce also got married later in life and have found that starting a new marriage as an older adult is complicated. Gray divorce is increasingly accepted. Long marriages are not necessarily good marriages. Some couples who divorce at an older age have been unhappy for some time and only recently came to accept divorce as a realistic option for them. Often, older spouses are better able to cooperate during the process and may enjoy a more amicable divorce. If you are getting divorced after the age of 50, it is important to be represented by a qualified Wheaton, IL gray divorce attorney.

Why Older Adults Increasingly Choose Divorce 

A few of the numerous reasons that adults over 50 decide to end their marriages include:

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