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 Prenuptial and 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 Asset Division

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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 Posted on June 13, 2024 in Child Custody

Attending a public or even a private school is not for every child. Some children do best when they are homeschooled. Students who have struggled with bullying or who have specific behavioral health needs are often safer learning at home. Homeschooled children often enjoy a closer bond with their parents, even when their parents are not together anymore. Teaching your child at home or sending them to a virtual school can give both parents plenty of quality time with their children without the constraints of a set and strict schedule. However, parents who continue homeschooling after getting divorced will need to work together to oversee their children’s education. A Wheaton, IL child custody attorney can help you build a home education plan into your comprehensive parenting plan.

Tips for Working Together to Homeschool After Divorce 

A few tips that might help you prepare to continue or start homeschooling your child after divorce include:

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 Posted on June 10, 2024 in Child Custody

Parental responsibilities refer to the collection of decision-making duties that used to be called legal custody in Illinois. Most, but not all parents share parental responsibilities after divorce and have an easier time allocating these decision-making responsibilities than allocating parenting time. The decisions you will need to make for your child include how to educate her, whether to provide religious training and what type of medical and mental health care she should receive. When these parental responsibilities are shared, you and your ex-spouse will need to communicate with each other on a continuing basis to resolve any disagreements. A Wheaton, IL divorce and child custody attorney can help you create a successful parenting plan.

Allocating Parental Decision-Making Duties in Mediation

Your mediator’s job is to help you come to an agreement, while your attorney will work to ensure that any decisions made are in your child’s best interests and in accordance with your legal rights. A few tips for reaching an agreement include:

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 Posted on June 05, 2024 in Divorce

People who are getting divorced often want to “win” their cases or see divorce as a win/lose situation. Sometimes this is because people are afraid that losing means they will be left unable to meet their physical, financial, or emotional needs, like having a comfortable place to live or having access to their children. Other times, people are simply hurt by their spouses’ actions and wish to punish him or her by winning the divorce. However, if you are considering working towards an uncontested divorce through a collaborative process - which is usually much easier than going to court - you and your spouse should be open to win/win solutions. A Wheaton, IL collaborative divorce attorney can help you find solutions that work for both of you and your children.

Win/Win v. Win/Lose Solutions in Divorce

Divorce does not have to be an “all or nothing” contest. There are many ways spouses going through a divorce can resolve different issues in a way that both parties are happy with.

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 Posted on May 30, 2024 in Divorce

Depending on the circumstances of your divorce, you might experience a lot of complex or even conflicting emotions when you find out that your ex-spouse is getting remarried. If your divorce was amicable and you have a friendly relationship, you might simply feel happy for him or her. If you did not want to get divorced, you might be saddened at the realization that your chances of reuniting with your ex-spouse are now extremely slim. Or, you might feel pity and concern for your ex-spouse’s new husband or wife if your divorce was very contentious or your ex-spouse abused you. Your ex-spouse’s remarriage might impact your divorce decree or parenting plan. A DuPage County, IL divorce modifications attorney can help you understand how your ex-spouse getting married again might change the terms of your divorce.

How Remarriage Affects Spousal Support

If you were paying spousal support, you can likely stop making payments when your ex-spouse remarries. Spousal support is designed to help a now-single homemaker or disadvantaged spouse stay afloat after the marriage ends. Once your ex-spouse marries someone else, your ex and his or her new spouse are responsible for themselves. In some cases, you can stop paying spousal support when your ex-spouse moves in with a new romantic partner even if they do not marry immediately. Always make sure that you have the court’s approval before you stop making payments.

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 Posted on May 24, 2024 in Divorce

Staying home to raise your children instead of working is a practical decision for many families. With the cost of childcare now rivaling or even exceeding the cost of a mortgage payment or rent and wages stagnating, many families find that one spouse’s wages would only really cover the cost of childcare. In these cases, it makes far more sense for the lower-earning spouse to stay home with the children instead of working for no real financial benefit. When stay-at-home parents get divorced, they often worry about how they will support themselves and their children after being out of the workforce for years.

Stay-at-home parents may be able to receive alimony or child support to help them remain financially stable. A Wheaton, IL divorce attorney can help you plan for financial security after divorce.

Understanding Equitable Division When One Spouse Was a Full-Time Parent 

A full-time parent’s contributions to the household and his or her spouse’s career have real economic value. One of the goals of equitable distribution in Illinois is to avoid a situation where one spouse no longer has the means to meet his or her basic needs. It matters less whose salary paid for what and matters more how each spouse contributed and what the individual needs of each spouse are.

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 Posted on May 17, 2024 in Child Custody

Parents frequently choose to relocate with their children after a divorce or child custody dispute to provide a fresh start or give their children better opportunities. However, unless you have sole custody, you will likely need a court’s approval before you can move away with your children. If the other parent opposes the relocation, you will need to prove that moving with you is in your children’s best interests. Your reasons for wanting to relocate with your children will be very important. The more the move would likely benefit your children, the more likely a court is to approve your plan. A Wheaton, IL child relocation attorney should represent you if you are going to court to decide whether you can move with your children.

Your Reasons for Moving and Your Children’s Best Interests

The court will want to see evidence that moving away is what is best for your children. You likely have a strong argument that moving with you is in your children’s best interests if:

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