Posted on August 05,2024 in Divorce

No-fault divorce—first legalized by California Governor Ronald Reagan in 1969—is now an option in all 50 states, with New York being the last state to implement no-fault divorce in 2010. Prior to no-fault divorce, the spouse filing for divorce had to claim a "fault" on the part of their spouse for the divorce to move forward. These fault-based grounds for divorce usually included infidelity, abandonment, mental or physical cruelty, drug or alcohol addiction, bigamy, sterility, neglect, infection with a sexually transmitted disease, and more.

Conservatives have often claimed no-fault divorce is a danger to traditional American family values. In fact, in 2016, House Speaker Mike Johnson claimed no-fault divorce had turned the U.S. into a "completely amoral society." Contrarily, many people—including divorce attorneys—see no-fault divorce as a common-sense path to divorce that reduces some of the burdens on couples and divorce courts.  

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 Posted on July 30,2024 in Prenuptial Agreement in Illinois

Although prenuptial agreements were once considered only for the super-wealthy, today, more and more couples are having them drawn up—especially couples for whom this is not their first marriage. In fact, about half of all U.S. adults say they are open to signing a prenuptial agreement, although only 20 percent of married couples currently have one. Younger couples, in particular, are more likely to have a prenuptial agreement (47 percent).

Since financial issues can be a contentious issue during marriage—and one of the top reasons for divorce—it stands to reason that finances will also be a contentious issue during a divorce. Whether you are considering a prenuptial agreement, are divorcing and have a prenuptial agreement, or believe your prenuptial agreement should be nullified, you need an experienced Wheaton, IL prenuptial agreement lawyer who can help you sort out the details.

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 Posted on July 24,2024 in Child Custody

Child custody issues and the determination of parental responsibilities can be like landmines that parents must navigate to arrive at solutions that are in the best interests of the child. Perhaps you and your ex have come through the child custody issues with a parenting plan you can both live with. Then, out of the blue, your ex informs you they have decided to homeschool your child or children. You may have serious doubts about the advisability of such a decision.

Maybe you do not think your child will receive a well-rounded education in a homeschooling situation, or maybe you doubt your ex’s ability to teach the subjects you feel your child needs to learn. You may be more concerned about the social aspect of homeschooling or the lack of extracurricular activities. Whatever your concerns, this decision may come down to the custody agreement and division of parental responsibilities you have with your ex. An experienced family law attorney from Andrew Cores Family Law Group can answer your questions and guide you through the process of challenging a homeschooling decision by your ex.

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 Posted on July 19,2024 in Child Custody

Grandparents often play an essential role in their grandchildren's lives. Most of us have fond memories of spending quality time with grandparents who loved and supported us unconditionally. Unfortunately, a child's relationship with his or her grandparents can become tenuous when the child’s parents divorce and a contentious child custody case begins.

Despite the emotional connection many grandparents enjoy with their grandchild, a court order may become necessary if the child’s parents prohibit a continuing relationship. Having an experienced Wheaton child custody lawyer answer questions and fight for grandparent visitation rights can significantly affect the outcome.

Are the Rights of Grandparents Limited in Illinois?

Under current Illinois law, grandparent visitation rights are limited, based on the presumption that parents are best suited to make decisions regarding their children. As with all decisions made on behalf of a child during an Illinois custody case, the best interests of the child will be the primary consideration when a judge decides whether grandparents should have visitation rights.

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 Posted on July 12,2024 in Child Custody

People who have children at a young age often find that their child’s other parent is not the person they want to spend the rest of their life with. Sometimes the young parents are able to maintain a friendly co-parenting relationship even as they go their separate ways. Sometimes, the split is not so amicable, especially in cases where there is a significant age gap or power imbalance between the mother and father. Young parents often have a different set of concerns than older parents who are already established in their careers and experienced in managing a household. Parents who are young adults need an experienced DuPage County, IL parenting plans attorney to help them create a successful co-parenting arrangement that is tailored to their individual needs.

What Young Parents Should Consider While Making a Parenting Plan

A few special considerations that might affect young co-parents include:

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 Posted on July 08,2024 in Division of Assets

Some types of marital property cannot be divided easily or at all, especially in high-asset divorce. In other cases, assigning ownership of a marital asset to one spouse or the other could be detrimental to both of you, especially when the asset is profitable, and you have shared in the responsibility of managing it. Of course, keeping certain assets designated as joint property after divorce is likely to work better if you and your spouse have a civil relationship. There are also cases where continuing to share ownership of an asset is simply in both of your best interests. Deciding to share an asset even after a divorce can work well for you and your children. However, you need a knowledgeable DuPage County, IL divorce attorney to help facilitate this type of arrangement.

Types of Marital Property You May Want to Keep as Joint Property

Some types of marital property lend themselves to remaining joint assets after divorce quite well. Marital assets you may want to consider not completely dividing in divorce include: 

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 Posted on July 05,2024 in Collaborative Law

When you and your spouse decide that you would be better off as friends than as a married couple, your divorce will probably be quite amicable. You can expect little fighting and none of the pettiness that is often seen in more contentious divorce cases. You will probably be able to compromise readily. However, you could both still benefit from being represented by a DuPage County, IL divorce attorney as you go through the alternative dispute resolution process. Amicable spouses may be too ready to give up things that are important to them for the sake of keeping the peace. A lawyer can help you stand up for yourself and your wishes.

Why You Need a Lawyer During an Amicable Divorce

Just because you and your spouse have a friendly relationship does not mean that you are guaranteed a fair deal in your divorce if you go without counsel. Ways an attorney can help you through your amicable divorce include: 

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 Posted on June 28,2024 in Postnuptial Agreements

Postnuptial agreements, which are contracts established after marriage to outline the division of assets and responsibilities, can provide significant financial security and peace of mind to married couples. Although postnuptial agreements can be created without the assistance of a lawyer, couples are strongly discouraged from doing so for a few different reasons. The following will outline why you should hire a lawyer to help draft a postnuptial agreement instead of doing it yourself.

Lawyers Understand the Law

While this may sound obvious, it is true! The legal landscape surrounding postnuptial agreements is not as straightforward as it may seem. Without a lawyer’s professional guidance, you may accidentally create a document that fails to comply with Illinois legal requirements. This non-compliance can render the agreement invalid, defeating its primary purpose of offering protection and clarity for both spouses. This can leave you with much time wasted and little progress achieved.

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 Posted on June 24,2024 in Division of Assets

Everybody knows that marital property needs to be divided in a divorce. When it comes to the marital home, savings accounts, and even the value of the family car, marital property is usually quite straightforward. However, life is complicated, and marital assets can be complicated as well. Here are four types of assets that, though unusual, still need to be handled in a divorce. If you are thinking about divorce, call our Illinois divorce attorney to learn more about your options and what you should do first.

Frozen Embryos

More married couples than ever jointly hold fertilized, frozen embryos. While embryos involve considerable time and effort to obtain and, therefore, are typically precious in the eyes of at least one spouse, they can present serious difficulties in a divorce, especially if a wife wants to use them to try to have children after the divorce is finalized. Usually, the way frozen embryos are handled in a divorce will be decided based on the contract the couple signed with the IVF facility holding the embryos. However, this is still an emerging field of law, so if you do not have a contract that clearly designates how embryos will be handled, you may need to expect the unexpected.

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 Posted on June 17,2024 in Child Custody

Newborns are routinely given a toxicology screen at birth. Doctors do need to know if a child is born with drugs in his or her system, as these infants may require detoxification care or other medical interventions. Up until now, mothers would automatically have their parental rights taken away and be reported to law enforcement, risking arrest. A new Illinois state law has changed this. Mothers who have babies who test positive for drugs at birth now have an opportunity to retain custody rights, even if the fathers petition for custody. You will need to be represented by a skilled and compassionate DuPage County, IL child custody lawyer to show the court that remaining in your care is best for your baby.

What Matters in Custody Decisions for Infants Who Fail Newborn Drug Tests

The court will base its decision on what is in the best interest of your child. To regain custody of your baby when the father is seeking exclusive custody, you will need to show that you are a fit parent and your child is better off spending time in your care. A few important considerations might include:

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