Posted on December 13, 2024 in Spousal Maintenance

When the subject of divorce comes up, many people get uneasy at the thought of paying spousal maintenance, or alimony. However, alimony is not automatically granted in every divorce case. The courts will make a full appraisal of both spouses’ financial circumstances before a final decision is made on awarding temporary or indefinite maintenance.

A skilled lawyer can keep you informed of your rights regarding spousal maintenance and argue for a resolution that is fair to you in court. The Illinois family law attorneys at Pesce Law Group, P.C. have experience litigating complex financial issues of a divorce, including negotiations for alimony.

There is no single predictor for spousal maintenance in Illinois. Instead, a judge will take several factors into consideration, allowing for flexible rulings on a case-by-case basis. If you are unsure as to whether you will be paying or receiving spousal maintenance, our attorneys can meet with you individually to assess your situation.

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 Posted on December 06, 2024 in Prenuptial Agreements

The subject of prenuptial agreements can be sensitive to broach with your partner. No one wants to think about the possibility of divorce right after popping the question. However, taking the precautionary measure of drafting a prenuptial agreement–even if you never need it–can save you and your spouse from complications down the line.

A DuPage County, IL family law attorney can help you draft a prenup that includes terms that are legally sound and fair to both parties so that both of you can rest easy. The attorneys at Pesce Law Group, P.C. are skilled in mediation and all matters of family law, and we strive to make our clients feel comfortable in our office.

Prenuptial Agreements Can Split Debts

When two spouses mix their assets in a marriage, they may become responsible for each other’s debts in a divorce. This might include credit card debt, mortgages, student loans, and more. A prenuptial agreement can address how debts should be allocated between spouses, with specific provisions about which debts will be split between both parties and which will be one party’s sole responsibility.

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 Posted on November 27, 2024 in Paternity

According to Illinois law, a woman is automatically considered the legal mother of a child when she gives birth. If she is married to a man at the time, her husband is automatically considered the father.

A man who is not married when his baby is born does not automatically have recognized legal status as the father unless he and the mother sign a voluntary acknowledgment of paternity, or one parent petitions the court to admit DNA evidence.

What happens when the mother is not exactly sure who the father is? What happens if she knows but loses contact with him before she can tell him she is pregnant? There are scenarios in which a man believes he could have fathered a child but does not have legal paternity. In such cases, the man can consult with a knowledgeable Naperville, IL family law attorney about registering as a putative father to protect his rights.

What is a Putative Father?

A putative father is a man who thinks he might have fathered a child but is not yet legally recognized as such. Sometimes a mother does not know who the father of her child is. Sometimes, she never informed him, so he has no way of knowing. A putative father may have been unaware that a child was conceived and found out later that it happened around the time he had a sexual relationship with the mother.

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 Posted on November 20, 2024 in Child Support

When you initially reached an agreement about how much money you would pay your child’s other parent in child support, it was based on your financial situation at the time. If your needs and expenses have increased or your income has significantly decreased, that agreement may no longer be something you can fulfill.

Unfortunately, if you stop paying child support, you can face penalties and wage garnishments. It could damage your employment and personal finances, and can even give you legal trouble. If you cannot continue paying what you initially agreed for child support, speak with a knowledgeable Naperville, IL divorce lawyer to understand your options.

Child Support Nonpayment and Employment

In Illinois, one of the first steps the state might take if you fall behind on child support payments is wage garnishment. Your employer automatically withholds a portion of your paycheck and sends it directly to your child’s other parent or the Illinois Department of Healthcare and Family Services (HFS). This can have serious consequences, including:

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 Posted on November 13, 2024 in Divorce

When a married couple no longer wants to continue being together, they can get a divorce. While the vast majority of people in America are familiar with this concept, many of us have no idea how to go about actually making a divorce happen. There are several steps that need to be taken and things to keep in mind. Luckily, if you are ready to get divorced and do not know how to get started, an experienced Naperville, IL family law attorney can help.

Step 1: Determine Residency

There is no waiting period for filing for divorce in Illinois, but residency requirements need to be met. At least one of the spouses needs to reside in Illinois for at least 90 days before filing, and the petition needs to be filed in the county where at least one spouse lives.

Step 2: Prepare a Petition for Divorce

A divorce petition is essential paperwork that you need to file with the court in order to have your case processed. You will need to fill out forms and provide detailed personal information. A major aspect of the divorce petition is a section on the grounds for divorce, where you explain why you want the divorce.

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 Posted on November 05, 2024 in Divorce

Divorce can be painful for any couple. It is especially true for people who still love and care about each other but cannot manage to live together. In most cases, an ended marriage remains that way. However, in rare cases, people who got divorced from each other end up marrying each other again. If you and your ex have reconciled and are interested in pursuing a second marriage, speaking with a qualified Naperville, IL family law attorney can help clarify any issues you want to discuss.

Steps to Take When Remarrying Your Ex

Before you and your ex marry each other again, there are several steps to take:

• Resolve your relationship issues: Realizing that you love and want to marry your ex-spouse can be confusing and exciting at the same time. Maybe you got divorced because of a tangible, objective issue that has been resolved and no longer presents a problem. Maybe your marriage ended for a more subjective reason, but you both realized with time and distance that you would rather do the hard work of overcoming it than stay separated. Regardless of the reason, make sure that whatever broke up your relationship will not be a problem during your second marriage.

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 Posted on October 31, 2024 in Divorce

No matter the circumstances, divorce is generally not something people consider a nice experience. However, there are many misconceptions about what happens when a couple ends their marriage. Many people are surprised to find that their lives became much better after they left their unhappy marriage. If you are considering divorce but need clarification on what you can reasonably expect, speak with an experienced Naperville, IL family law attorney.

Why Is There So Much Confusion About Divorce?

A major source of confusion about divorce stems from the mistaken belief that there is a uniform model for divorce. In reality, some divorces are bitter, and some are amicable; some divorces are contested, and some are uncontested; some take several rounds of negotiations, and some are easily resolved. Since people are all unique and every couple is affected by different variables, there is no one right way to get divorced. A trustworthy and attentive lawyer can review your situation and advise you on which methods might best suit your needs.

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 Posted on October 23, 2024 in Divorce

People tend to think of their wedding as the start of their "happily ever after," but for approximately 41 percent of couples in America, it can be the opposite. With divorce affecting so many people, there is increasing awareness of how it can negatively or positively affect someone’s mental health. It used to be commonly thought that divorce was associated with mental health concerns like depression, anxiety, and alcoholism. Nowadays, more people are discussing the benefits of ending an unhappy marriage. If you are concerned about the possible mental health effects of divorce, speak with an experienced Naperville, IL family law attorney to get a better sense of what you can expect from the process.  

Mental Health Risks Associated with Divorce

Given the distress, uncertainty, disappointment, and heartbreak that can accompany a divorce, it is no wonder that there are strong links to mental health risks. One study indicated that when a couple mutually decides to separate, there are fewer mental health implications. When the person’s spouse initiates the separation, the harm tends to be more significant. In general, mental health issues that can be associated with divorce include:

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 Posted on October 16, 2024 in Child Custody

People can easily take it for granted when they have a healthy family dynamic, with parents who raise their children and provide them with a safe and nurturing environment. For many families in America, that can seem like a fantasy that is out of reach. Sometimes, people have babies even though they never planned on having children and they are not capable of raising them properly. Other times, tragedy strikes, interfering with a parent’s ability to care for a child.

When that happens, it is sometimes possible for a responsible adult in the child’s life to seek guardianship over the child. This can be a relative, like a grandparent, aunt, or uncle, or another adult who has a relationship with the child. When someone undertakes a child’s guardianship, it does not mean that person is adopting the child. However, a guardian is given the authority to become the child’s caregiver. This article will describe how someone can be granted child guardianship. Speak with a skilled Naperville, IL family law attorney to learn more.

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 Posted on October 08, 2024 in Paternity

For many families, understanding who a child’s parents are is fairly clear-cut. Married couples are legally considered the biological parents of a child born in wedlock. The same is true for unmarried couples who have a baby together, aside from the fact that the mother is legally and automatically recognized and the father needs to go through a relatively simple process to acknowledge his paternity, and then both their names will appear on the birth certificate. 

It can be more complicated when the biological father is unwilling to recognize his role in the child’s life. There are many financial and emotional reasons why a mother might want to have her child’s father legally recognized as such. If your baby’s father has refused to acknowledge their relationship, an experienced Naperville, IL family law attorney can help you navigate the process of proving paternity.

Establishing Paternity with a Willing Father

When an unwed father has no objection to having his relationship with a child legally established, and when the mother agrees, the two can fill out a Voluntary Acknowledgement of Paternity (VAP). As indicated in the name of this document, this needs to be something the parents do voluntarily. 

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