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Recent Blog Posts

How a Lawyer Can Help With Your Divorce

 Posted on January 16, 2025 in Divorce

DuPage County, IL divorce lawyerSome 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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How to Tell Your Spouse You Want a Divorce

 Posted on January 05, 2025 in Divorce

DuPage County, IL divorce lawyerFalling 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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Does Illinois Protect Fathers’ Rights?

 Posted on December 30, 2024 in Child Custody

Naperville, IL fathers' rights lawyerIn 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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How Is Property Split Up in Illinois Divorces?

 Posted on December 23, 2024 in Division of Assets

DuPage County, IL asset division lawyerIn 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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Predicting Alimony in an Illinois Divorce

 Posted on December 13, 2024 in Spousal Maintenance

DuPage County, IL alimony lawyerWhen 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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3 Reasons to Sign a Prenuptial Agreement in Illinois

 Posted on December 06, 2024 in Prenuptial Agreements

DuPage County, IL family law attorneyThe 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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Registering as a Putative Father in Illinois

 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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3 Ways Not Paying Child Support Can Hurt You

 Posted on November 20, 2024 in Child Support

Naperville, IL Family Law AttorneyWhen 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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How Do I Start A Divorce If I Am Unsure Where To Begin?

 Posted on November 13, 2024 in Divorce

Naperville, IL Divorce LawyerWhen 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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Can Divorced Couples Remarry Each Other?

 Posted on November 05, 2024 in Divorce

Naperville, IL Divorce LawyerDivorce 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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