Posted on April 17, 2025 in Divorce

Divorce can be a complex process, and the best legal option will depend on your circumstances. Understanding the difference between contested and uncontested divorce is relevant for anyone facing the termination of their marriage. Consider the key differences and how they impact the legal process. A DuPage County, IL divorce attorney will listen to your story and help you find the best solution for your situation.

What Is a Contested Divorce?

Contested divorces occur when spouses cannot agree on the terms of divorce, often relating to disputes over property division, parental responsibilities, and financial support, such as alimony. This leads to a more complicated process and requires intervention from the court through a trial process. 

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 Posted on April 07, 2025 in Child Support

Divorcing parents in Illinois should understand all aspects of the state’s child support laws. First, child support is almost always required when parents divorce in Illinois. The law states that both parents must contribute to their children’s financial needs, even if they are not in a relationship or living under the same roof.

An experienced Illinois child support lawyer can explain other critical aspects of the law, and ensure that you do not fall for common online child support myths, and you can meet with an Illinois child support attorney with Pesce Law Group, P.C. in a free legal consultation. We will answer your child support questions and provide quality legal representation in family court.

Myth: I Do Not Need to Pay Child Support if I Do Not Have Custody

Custody alone does not determine whether child support is paid. In Illinois, both parents must financially provide for their children, regardless of whom the kids live with. The non-custodial parent usually pays child support to the custodial parent. However, child support payments are usually made even with joint custody.

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 Posted on March 31, 2025 in Child Custody

In child custody disputes, family law courts are faced with the difficult task of determining a child’s best interests. To accomplish this, a judge may appoint a guardian ad litem (GAL), a legal advocate who has the power to investigate a family on behalf of the court. After a thorough investigation, the GAL can make a recommendation to the judge.

A parent can also request a guardian ad litem in a divorce case, but it is up to a judge to decide if a GAL’s services are necessary. Attorney Don Pesce is a court-approved GAL with years of experience in family law. When you work with Pesce Law Group, P.C., our attorneys will stand up for your child’s best interests.

Interviews

In order to become better acquainted with a family’s situation, the guardian ad litem may conduct several interviews. The purpose of these interviews is to learn more about the child’s home life, particularly his or her relationship with the parents. The GAL may conduct interviews with the child, his or her parents, and people close to the child like relatives or teachers.

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 Posted on March 20, 2025 in Child Custody

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.

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 Posted on March 17, 2025 in Spousal Maintenance

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.

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 Posted on March 08, 2025 in Prenuptial Agreements

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.

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 Posted on February 28, 2025 in 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.

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 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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