Posted on February 20, 2025 in Division of Assets

An asset received through inheritance such as money, a family heirloom, or real estate can be incredibly beneficial. However, if you are married, you may wonder whether or not an inherited asset is your own separate property. There is not a straight yes-or-no answer to this question, and if you are concerned about the property’s identity, an Illinois family law attorney can provide you with legal advice.

Pesce Law Group, P.C. has extensive experience handling complex issues of family law, including inheritance issues. Even if you are not considering divorce, we can help you assert your property rights for your peace of mind.

The Difference Between Marital and Separate Property

In Illinois, all assets in a divorce are categorized as either marital or separate. These assets may include bank accounts, real estate, debts, personal property, and more. Separate property is not subject to division by the courts, and it includes assets acquired before the marriage or given to one spouse as a gift.

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 Posted on February 14, 2025 in Division of Assets

If you and your spouse have substantial wealth tied up in your marital estate, the prospect of divorce might keep you up at night. Negotiating for a fair settlement in a high asset divorce requires a careful examination of your marital estate. An experienced Illinois divorce attorney can represent your best interests in and outside of court, fighting to protect your property.

At Pesce Law Group, P.C., we know how high the stakes can be in your divorce. When you work with our firm, we will provide you with legal counsel to help you safeguard your assets. Our attorneys have years of experience handling complex financial matters for spouses going through high-net worth divorces.

The Discovery Process

Discovery is the legal process of identifying all the assets in your marital estate, which is especially important if you have a lot of wealth pooled together in your marriage. This could include your shared bank accounts, real estate, vehicles, retirement accounts, or other valuable items like jewelry. During this process, you and your spouse can ask each other questions in writing about your assets, known as interrogatories.

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 Posted on February 05, 2025 in Child Custody

The matter of child custody can get quite complicated in a court of family law. When parents cannot come to an agreement about how parenting time and decision-making responsibility should be split, the court may appoint a special representative for the child. This representative is known as a guardian ad litem (GAL) and will investigate the child’s circumstances to help the judge reach a custody decision.

In some cases, a couple going through a divorce may hire a GAL of their own volition. In many cases, however, the court will choose to appoint one. During this process, an Illinois family law attorney can advocate for your and your child’s best interests. At Pesce Law Group, P.C., we can help you inform you of your rights as a parent and give you a voice during a custody hearing.

Allegations of Abuse

Illinois courts take allegations of child abuse very seriously. If a judge has any reason to suspect that physical, emotional, or sexual abuse is taking place in the household, he or she will send out a guardian ad litem to investigate.

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 Posted on January 30, 2025 in Child Custody

Any divorce with children should be handled with care. With special needs children, there are extra considerations that parents should take into account while the divorce is still ongoing. An experienced Illinois family law attorney can let you know what to expect and help you address problems as they arise.

At Pesce Law Group, P.C., we represent parents of special needs children in issues of family law. Attorney Don Pesce is certified to act as a guardian ad litem for a child’s best interests, which gives him the authority to make a recommendation to the court. When you work with our firm, we will do everything we can to protect your special needs child in a divorce.

Child Custody

In a divorce with children, the judge will assign custody according to the best interests of the child. For a smooth resolution, you and your spouse can draft a parenting plan outside of court that addresses the matter of physical and legal custody. If you and your spouse cannot agree on a parenting plan, the courts will investigate the child’s circumstances before making a final decision to split up custody.

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 Posted on January 24, 2025 in Child Support

After a divorce with children, you may be ordered to pay child support depending on the custody arrangement. Child support payments typically last until the child graduates from high school or becomes an adult. As you might expect, these payments can put a strain on your finances. But unless there is a significant good-faith change to your circumstances, like an unexpected layoff, you will still be responsible for making those payments.

Failure to pay child support can come with serious penalties, including criminal prosecution. An Illinois divorce attorney at Pesce Law Group, P.C. can help you appeal for modification of the court order. The longer you avoid paying child support, the harsher the penalties, so taking swift action is important.

Garnishing Income

If you do not pay child support for an extended period of time, you could have the missing payments taken directly from your wages. Under state law, you can have up to 50 percent of your earnings garnished to be put towards child support payments, or 60 percent if you do not have other support obligations.

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 Posted on January 16, 2025 in Divorce

Some people avoid seeking out a lawyer during a divorce out of fear that it would only complicate things further. Contrary to that belief, a skilled divorce attorney can make the process much smoother. With a strong attorney at your side, you can negotiate from a stronger position and cut down on the labor that goes into finalizing a dissolution of marriage. 

At Pesce Law Group, P.C., we know just how complex divorce can be. Our dedicated Naperville, IL family law attorneys can help you at any stage of a divorce, and if necessary, we are ready to represent your best interests in court.

Legal Guidance

One of the most valuable things a divorce attorney can provide is counsel. It is unreasonable to expect every couple going through a divorce to know the ins and outs of the law, but a lawyer can easily fill the gaps with a comprehensive understanding of Illinois statutes. 

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 Posted on January 05, 2025 in Divorce

Falling out of love in a marriage after a honeymoon period is not an uncommon phenomenon. The realization that things simply are not working can come as a shock, launching you into a crisis. Divorce is a sensitive subject, and it should be broached with care. You should brace for the possibility that your spouse will not react well. But ultimately, it is a conversation that cannot be avoided if you want to move forward with your life.

It warrants mentioning that if your spouse has a history of domestic violence, or if you have any reason to fear retaliation from your spouse, you should prioritize your own safety and take legal measures to protect yourself. A Naperville, IL family law attorney at Pesce Law Group, P.C. can help you plan for divorce, working towards a solution for the proper dissolution of your marriage.

Find an Appropriate Setting

The best place to break the news about your intent to divorce your spouse is somewhere private and comfortable. This might take place in your home, or a neutral spot like a local cafe, although the last thing you want is to cause a spectacle where you can feel the pressure of onlookers.

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 Posted on December 30, 2024 in Child Custody

In the midst of a divorce or other pressing issues of family law, you may have concerns about your rights as a father. Certain questions might keep you awake at night, questions like Will I be able to see my children regularly? How can I be legally recognized as a father? How will the courts decide on custody?

If any of these worries resonate with you, it may be time to get in contact with a skilled Naperville, IL family law attorney who can inform you of your rights and represent you in court. Legislation around fatherhood is always changing, and knowing where your state stands on any particular issue can be immensely helpful. The attorneys at Pesce Law Group, P.C. are prepared to fight for you in and out of court, making sure your concerns do not go unheard.

Reasonable Parenting Time

In Illinois, both parents are entitled to reasonable time with their children, save for cases where "[the court] finds [...] that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health," which could result in restrictions on parenting time. When allocating parenting time (also commonly referred to as "visitation"), the court assumes that both parents are capable unless proven otherwise. The right to reasonable parenting time also extends to fathers who do not have decision-making responsibility, or legal custody.

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 Posted on December 23, 2024 in Division of Assets

In Illinois, it is the court’s preference that divorces should be settled outside of court with a resolution created and agreed to by both spouses. Mediation sessions can help you and your spouse come to a mutual agreement about how your marital property should be divided. However, if mediation proves unsuccessful and your divorce goes to court, the property shared between you and your spouse will be divided at a judge’s discretion. 

In these situations, it is imperative that you are represented by an Illinois family law attorney who can advocate for your rights to your property. At Pesce Law Group, P.C., our experienced lawyers are prepared to advocate aggressively on your behalf, protecting your best interests during a divorce.

Marital and Non-Marital Property

When your divorce case goes to trial, all of your assets will be categorized as either marital property or non-marital property. This process of asset division can be labor-intensive, as it entails a thorough examination of all your property, including your home, any vehicles, bank accounts, and more. 

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 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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