Pesce Law Group, P.C.

FREE CONSULTATIONS 630-352-2240

Naperville | Oak Brook | Burr Ridge | Lake Forest | St. Charles

Recent Blog Posts

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:

Continue Reading ››

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.

Continue Reading ››

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.

    Continue Reading ››

Debunking Common Myths About Divorce

 Posted on October 31,2024 in Divorce

Naperville, Il Divorce LawyerNo 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.

Continue Reading ››

What Are the Mental Health Effects of Divorce?

 Posted on October 23,2024 in Divorce

Naperville, IL Divorce LawyerPeople 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:

Continue Reading ››

When Can You Become a Child’s Guardian in Illinois?

 Posted on October 16,2024 in Child Custody

Naperville, IL family law attorneyPeople 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.

Continue Reading ››

Establishing Paternity with an Unwilling Father in Illinois

 Posted on October 08,2024 in Paternity

Naperville, IL family law attorneyFor 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.

Continue Reading ››

Defending Yourself Against Claims of Dissipating Assets in Illinois

 Posted on September 30,2024 in Divorce

DuPage County, IL divorce attorneyWhen a couple is in the process of getting a divorce, they can easily get caught up in the tension and feel the need to treat each other as enemies. Spouses in a contentious divorce sometimes view the entire process as a win-or-lose situation, wanting as many assets and as much time with their child as possible, and anything their future ex gets is considered a loss.

In such situations, one spouse might accuse the other of dissipating assets, which means they are diminishing the value of the marital estate so there is less to divide in divorce. Since Illinois courts want to discourage this from happening and punish it when there is proof, accusations can have significant consequences for the divorce settlement. If you are in the midst of divorce proceedings and accused of dissipating assets, speak with a knowledgeable Naperville, IL divorce lawyer to understand what it means and how to protect yourself as you negotiate your settlement. 

Continue Reading ››

What Does Parental Alienation Mean in an Illinois Divorce?

 Posted on September 20,2024 in Child Custody

IL family lawyerWhile many painful aspects of divorce can challenge families, parental alienation is one of the worst. One parent manipulating a child to turn the child against the other parent can seriously harm the parent and child alike. By violating the child’s sense of security as well as the ability to trust their own opinions, specifically about their parents, parental alienation can lead to significant mental and emotional harm. It can be so damaging that it is recognized as a form of child abuse in the state of Illinois.

If you are concerned that you might be the victim of parental alienation, speak with a qualified Naperville, IL child custody lawyer to understand how this could impact your custody arrangement.

What Exactly Is Parental Alienation?

A major reason why a lot of parents stay in an unhappy marriage is because they do not want to hurt their children. While it is incredible to be able to prioritize your child’s well-being above your own, it is not always logical.

Continue Reading ››

How Can I Make My Ex Comply with Our Illinois Parenting Plan?

 Posted on September 16,2024 in Child Custody

Naperville, IL Parenting Plan LawyerParents in Illinois leave their divorce proceedings with an enforceable parenting plan. This document outlines exactly how they will split their parental rights and responsibilities. A recent case involving a mother scheduling important therapy for her daughter during the father’s parenting time emphasizes how serious Illinois courts consider the violation of a parenting plan. If your ex is keeping you from exercising your parental rights, there are several steps you can take to receive the court’s help in enforcing your agreement. An experienced Naperville, IL family law attorney can help you navigate this process and protect your relationship with your child.

What Happens When a Parent Violates the Parenting Plan?

In Illinois, what is commonly known as "custody" is officially called "parental responsibilities." This includes parenting time, otherwise known as visitation, and the responsibility to make important decisions that can affect the child. By signing their divorce decree, both parents commit to upholding their end of the agreement, but what happens when one parent violates it?

Continue Reading ››

Back to Top