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Recent Blog Posts
Preserving Your Relationship With Your Child Post-Divorce
A family dynamic can change after a divorce is finalized. If you do not have a majority of parenting time with your child, you might worry about how you can remain actively involved in his or her life. Even at the best of times, preserving your relationship with your son or daughter after a divorce can be a challenge.
At Pesce Law Group, P.C., we are here to support families going through legal issues. If you are unsure of your rights as a parent when it comes to custody, our family law attorneys can provide you with qualified advice. If necessary, we can help you petition for a modification of custody or an enforcement of a court order.
Stay Up to Date
Making an effort to remain in the loop about your child’s life can go a long way toward promoting a strong bond. This will require some communication with your co-parent, or simply asking your child questions about his or her social life, school, or extracurriculars.
How Can I Prove That I Need Spousal Support?
Spousal support, or alimony, is a court order that can alleviate the financial burden of a divorce. Alimony is not awarded in every divorce, however. On the contrary, if you want spousal support, you have to prove that it is financially necessary. An Illinois divorce attorney can help you petition for spousal support, making a case for your needs in front of a judge.
At Pesce Law Group, P.C., we are qualified to handle complex financial issues related to your divorce, based on decades of combined experience in family law. When you work with our firm, we will compile evidence to advocate for an award of alimony.
Health Records
If your health stands in the way of your financial independence, you may have grounds to petition for spousal support. For instance, if you have a chronic illness that severely limits your employment opportunities, a judge might consider a long-term alimony order. Medical documentation such as a doctor’s examination could prove that you have a debilitating health condition.
Will a Judge Honor a Divorce Agreement?
Many spouses have agreements in place about how to handle a divorce, such as a prenuptial or postnuptial contract. These can lay the framework for how important issues like spousal support and property division will be addressed. However, you may be surprised to learn that a judge is not always obligated to honor a deal between spouses. With the help of an Illinois divorce attorney, you can make a legally binding marital agreement with your spouse.
At Pesce Law Group, P.C., we know just how complicated a divorce can get. Our family law attorneys are here to walk you through the steps of petitioning for divorce to make sure the process goes as smoothly as possible.
Is The Agreement in Writing?
A verbal agreement is not legally binding by itself. Of course, if you and your spouse agree on a particular issue – like who will get the marital home – then you can always settle outside of court in an uncontested divorce. However, if you are looking for a legally enforceable agreement, you will have to draft a pre- or postnuptial agreement in writing.
Why a Lawyer Is Important in a Divorce
For many people, getting a divorce is treading into unknown territory. With important issues on the line like property division and child custody, you only have one chance to get your divorce done right. Whether you expect to go to court or settle amicably with your spouse, an Illinois family law attorney can guide you through the process.
Having skilled legal representation at your side in a divorce can make a significant difference. At Pesce Law Group, P.C., our attorneys are qualified to handle your concerns in every area of your divorce. Throughout your case, we will keep you informed of your options and pursue a favorable outcome on your behalf.
Counsel and Advice
Every divorce comes with different challenges. If you do not know your rights, you run the risk of a less-than-ideal settlement or ruling. A skilled divorce lawyer can offer sound legal advice to protect your best interests, such as suggesting cost-saving measures like mediation.
Is an Inheritance Considered Your Separate Property?
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.
Common Concerns in a High Asset Divorce
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.
When Is a Guardian Ad Litem Needed in an Illinois Divorce?
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.
Considerations for Special Needs Children in a Divorce
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.
Will I Go to Jail For Not Paying 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.
How a Lawyer Can Help With Your 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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