Pesce Law Group, P.C.

FREE CONSULTATIONS 630-352-2240

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

Recent Blog Posts

Which Parent Pays a Child’s College Tuition After a Divorce?

 Posted on July 30,2021 in Child Support

chicago divorce lawyerThe cost of college tuition continues to rise in the U.S. In fact, for the 2020-2021 school year, the average cost of tuition and fees was $41,411 for private colleges, $11,171 for state residents at public colleges, and $26,809 for out-of-state students at state schools. Parents who are getting a divorce may want to learn about who will be responsible for these costs when their child goes off to college. If you and your child’s other parent disagree about who will pay for college expenses, a skilled divorce lawyer can help.

Illinois Divorce Laws for College Tuition

In Illinois, divorced parents may be required to pay for their child’s college tuition. Parents may be required to contribute to their child’s:

Continue Reading ››

Tips for Divorcing Someone With Substance Abuse Problems

 Posted on July 27,2021 in Divorce

naperville divorce lawyerSubstance abuse is one of the most common reasons why couples get divorced. When one spouse suffers from addiction, it can affect his or her ability to keep a job and take care of the children. If your spouse is addicted to drugs or alcohol, the divorce process can become more complicated. As such, it is important to learn about your rights and prepare for the divorce process in advance. An experienced divorce lawyer can help you understand how substance abuse may impact your divorce case.

How Substance Abuse Can Affect a Divorce

Illinois is a no-fault state. To get divorced in Illinois, you must only show that you and your spouse have “irreconcilable differences” and can no longer make the marriage work. However, if one spouse has a substance abuse problem, it could impact divorce proceedings. If you and your spouse, for example, have children together, you may not want your spouse to have a significant portion of the parental responsibilities or parenting time.  Being addicted to drugs or alcohol can make it more difficult to provide children with a stable and safe environment. You may doubt your spouse’s ability to care for your child and keep him or her safe. 

Continue Reading ››

Can You Get Your Marriage Annulled in Illinois? 

 Posted on July 22,2021 in Annulments

naperville divorce lawyerIf you believe that your marriage was a mistake, you may be considering getting a divorce. However, you may qualify for an annulment in Illinois. An annulment or "Declaration of Invalidity of Marriage" allows two partners to legally exit a marriage that is deemed fraudulent or invalid. If you want to get your marriage annulled, a divorce attorney can help you understand whether you qualify for an annulment. If you cannot get your marriage annulled, you may need to pursue a divorce instead. 

When  Can You Get a Marriage Annulled in Illinois?

Not all marriages can be annulled in Illinois. An annulment has strict requirements and is actually more difficult to obtain than a divorce. In order to qualify for an annulment in the state, the marriage must violate the law or public policy in some way. Here are some valid reasons for seeking an annulment: 

Continue Reading ››

How to Speed Up Your Divorce

 Posted on July 08,2021 in Divorce

Naperville divorce lawyerA divorce can be a very stressful ordeal, so it is understandable that you want to get it over with as soon as possible. A divorce can take anywhere from a few months to several years to finalize, depending on your individual circumstances. The good news is that you can take steps to accelerate the process. An experienced divorce lawyer can help you explore all of your legal options and choose the course of action that will expedite the divorce process as much as possible.

How to Hasten the Divorce Process

No one wants to go through the divorce process longer than they have to. Here are a few ways to move the process along.

  • Educate yourself about the latest divorce laws. Before you even file for divorce, you should learn about the various divorce laws in Illinois. For example, you can ask for a divorce in Illinois if you and your spouse have lived in the state for at least 90 days and been legally separated for at least six months.

    Continue Reading ››

“Petnups” and Pet Custody in an Illinois Divorce

 Posted on June 30,2021 in Divorce

dupage county divorce lawyerWe love our pets in this country. It is estimated that there are more than 76 million companion pets living in American households. For most of us, our pets are not simply “pets,” but they are part of our family. But what happens when a couple who has one or more furry family members decide to divorce? As a DuPage County divorce attorney can explain, custody of pets can get just as contentious as custody of children in an Illinois divorce.

Illinois Pet Custody Laws

Until a few years ago, Illinois family law judges viewed pets in a divorce as property and treated the decision as to where the pet would live the same way they decided who would get the fine china or ATV. In 2018, lawmakers addressed this issue and changed the Illinois Marriage and Dissolution of Marriage Act (IMDMA) about how judges could address this issue.

Continue Reading ››

How Are Child Custody and Parenting Time Addressed in a Parenting Plan?

 Posted on June 25,2021 in Child Custody

naperville child custody lawyerIn divorce and family law cases involving children, it is usually assumed that both parents will continue to play an active role in their children’s lives. Parents will need to work together to provide for their children’s needs, and as part of their divorce decree or child custody order, they will be required to create a parenting plan. This document will set down all of the decisions that are made about how parents will share custody of their children, and it will be a legally binding court order that they will both be required to follow. By understanding the issues addressed in their parenting plan, parents can ensure that they know their rights and responsibilities toward their children.

Continue Reading ››

The Benefits of an Illinois Prenuptial Agreement

 Posted on June 17,2021 in Prenuptial Agreements

naperville prenuptial agreement lawyerThe majority of couples who decide to get married envision a  life together forever. They often imagine having a family, making memories, and growing old together. They may also feel that any discussion about a prenuptial agreement deflates all the romance out of planning their wedding, or they may think that having a prenup means that you do not believe your marriage will last.

The reality is, however, that almost 50 percent of all first marriages end in divorce. That rate is even higher – 60 percent – for second marriages. And if it is your third marriage, national statistics say you have a 73 percent chance the marriage will fail. Prenuptial agreements can make a significant difference if a couple does end up getting a divorce, saving time and money, and avoiding contentious divorce negotiations.

Continue Reading ››

How to Keep the Cost of Divorce Down

 Posted on June 10,2021 in Divorce

bnaperville divorce lawyerWhen a couple decides to get married, they usually need to plan what type of wedding they will have. Will it be big or small, fancy or simple, expensive or inexpensive? When a couple decides to divorce, there is similar planning that may need to take place. Will the divorce be a costly one, drawn out with lots of disagreements and court hearings or will they be able to keep it fairly simple and inexpensive by working through issues together without the need for litigation?

Financial Issues in Divorce

Getting a divorce is expensive. Not only are there court and attorney fees to contend with, but in many cases, each spouse is going from living in a two-income household to a one-income household. Depending on living arrangements made after the split, at least one of the spouses has moved out of the family home into a new residence and has to purchase new furniture and necessary household items.

Continue Reading ››

How Can I Financially Prepare for My Illinois Divorce?

 Posted on May 25,2021 in Divorce

naperville divorce lawyerThere is no denying that divorce will have a financial impact on most couples. Even if the divorce is a “friendly” one without disagreements about how the marital estate should be divided, each spouse will still have to adjust to going from a two-income household to a one-income home. Keeping that in mind, there are certain steps you can take to help alleviate some of that financial pressure and ensure you are prepared once the divorce process is complete.

How Much Money Do You and Your Spouse Have?

While this may seem like an obvious question, many spouses do not know the answer to that question, especially if the other spouse is the one who handled all the family finances. Make sure you know exactly how much you have in checking and saving accounts, retirement accounts, and any other financial accounts you have. It is also important to know how much marital debt you have, so find out the balance for any mortgages and equity loans, vehicle loans, credit card bills, etc.

Continue Reading ››

Parenting Time Vacations: Can I Take My Child Out of State or Out of the Country?

 Posted on May 18,2021 in Visitation

dupage county parenting time lawyerSummer is right around the corner and many people are planning their vacations. After a year spent in pandemic lockdowns and away from loved ones, widespread vaccinations and the lifting of COVID-19 regulations in many states means that many families are looking forward to visiting grandparents and traveling to destinations to just have fun again.  While children often look forward to these trips, divorced parents sometimes suffer angst over them. The thought of their ex-spouse taking their child to another state – or even another country – can cause a great deal of anxiety, especially if the relationship between the parents is a contentious one.

In most parenting time situations, how one parent chooses to spend their parenting time with their child does not need to be approved by the other parent. However, if a parent wants to take the child out of state or out of the country, the parent is required to let the co-parent know of the plans and provide details about the trip.

Continue Reading ››

Back to Top