FREE CONSULTATIONS 630-352-2240
Naperville | Oak Brook | Burr Ridge | Lake Forest | St. Charles
-
- Home
- Firm Overview
- Attorneys
- Practice Areas
- Divorce Planning
- Divorce / Dissolution
- Alimony / Maintenance
- Child Support
- Child Custody / Parental Responsibilities
- Child Visitation / Parenting Time
- Special Needs Children & Divorce
- Contested Divorce & Uncontested Divorce
- Complex Divorce
- High Net Worth Divorce
- Divorce Involving Mental Health or Addiction Issues
- Property Valuation & Distribution
- Dissipation of Assets
- Inheritance Matters in Divorce
- Businesses & Divorce
- Post Decree Modifications
- Enforcing the Divorce Decree / Contempt Proceedings (Pre & Post Decree)
- Custodial Parent Removal / Relocation
- Family Law
- Mediation & Collaborative Law
- Blog
- Articles
- News
- Contact
Recent Blog Posts
What Happens to Retirement Accounts in Divorce?
When a couple has decided to divorce, part of that process involves dividing their assets and debts in an equitable manner. As you go through and list the assets you and your spouse have, one asset that you may overlook are any retirement accounts either of you may have. Illinois recognizes retirement funds accumulated during the marriage as marital assets, so they become part of the marital estate and are divisible in the divorce.
Dividing Retirement Accounts
The division of retirement accounts can be complex because of the federal and state laws and regulations that may apply. There is also the issue of ownership of the funds that are in the account. Any funds that were accumulated in a retirement account prior to the couples marriage is considered separate property and does not become part of the divorce settlement. It is only the funds that accumulated while the couple were married that are distributable. This is why it is important to have a skilled Naperville divorce attorney representing you, to ensure your best interests are protected.
Do I Need an Attorney for My Illinois Divorce?
Ending a marriage is never easy, even when you have decided that it is the best choice for you and your children. No matter the circumstances that brought you to this point, the divorce process is often a painful one and you may find yourself dealing with anger, stress, sadness, and even grief. While you work through the emotional issues of divorce, there are also legal issues that must be dealt with. Having a skilled Naperville divorce attorney looking out for your best interests is crucial during this time.
Choosing Your Divorce Attorney
Once you have made the decision to file for divorce, it is important to discover and understand what all of your legal options are. Some people do consider filing for divorce without an attorney, however, if you and your spouse have children, property, and/or debt, it is best to hire an attorney to handle the divorce for you.
Tips for Handling Child Custody Evaluations in an Illinois Family Law Case
Child custody is comprised of two main components in Illinois. “Parental responsibilities” refers to a parent’s authority to make major decisions about the child. “Parenting time,” which used to be called visitation, is the time that a parent spends with their child. Many parents disagree about the allocation of parental responsibilities and parenting time. In some cases, a child custody evaluation is used to gather information about the situation so that the court can make an informed decision regarding child custody. In these cases, parents will want to do the following:
Cooperate With the Evaluation Process
For some parents, being the subject of a child custody evaluation can feel like their parenting skills are being called into question. Some parents may even feel like their love for their child is being questioned. Understandably, this can lead to strong emotions. It is important to remember that the purpose of a child custody evaluation is to gather information about the child’s best interests. You are not being accused of anything. It is best to cooperate with the child custody evaluator and remain respectful.
What Are the Benefits and Limitations of Divorce Mediation in Illinois?
Getting divorced involves much more than deciding not to be married anymore. Most divorcing couples will need to address several issues before they can finalize their divorce and officially end their marriage. Spouses will need to decide how to divide their jointly held property and debts. Parents must create a parenting plan that describes the parenting time schedule and other important child-related concerns. Some couples will need to address spousal maintenance or alimony. One option for reaching an agreement about divorce issues such as these is family law mediation.
Advantages of Using Mediation to Resolve Your Divorce
Some couples voluntarily attend family law mediation to discuss divorce issues. Other couples are required to attend mediation by the court. During mediation, the mediator helps the couple negotiate the unresolved divorce issues and find common ground. The mediator uses his or her dispute resolution skills to deescalate emotional conversations and help the couple discuss difficult topics calmly and productively. The mediator’s ultimate goal is to help the couple reach a mutually beneficial agreement on the terms of their divorce so that they can avoid taking the case to litigation.
What Is the Purpose of a Postnuptial Agreement?
A prenuptial agreement is a contract that spouses sign before getting married that describes property rights, differentiates marital property from separate property, and defines a spouse’s entitlement to spousal maintenance or alimony. Most adults are familiar with prenuptial agreements. However, fewer are familiar with the benefits offered by postnuptial agreements. If you are already married, a postnuptial agreement or “postnup” can provide you with the opportunity to gain the legal protections offered by a prenuptial agreement.
Provisions Typically Included in an Illinois Postnuptial Agreement
The issues addressed in a postnuptial agreement are often similar to those addressed in a prenuptial agreement. The main difference is that a postnuptial agreement is signed after the couple is married. Postnuptial agreements typically address:
What Happens During Divorce Litigation in Illinois?
When a couple decides to divorce, they do not simply agree to end their marriage and walk away. They must address various legal issues, including asset and debt division, child custody, spousal support, and child support. These issues often become contentious. If spouses disagree on the terms of the divorce and cannot reach an agreement via alternative dispute resolution methods like mediation, the case may go to litigation. If you are planning to divorce, and you suspect that disagreements will arise, it is important to know what is involved in divorce litigation.
Resolving Divorce Issues Through the Court
Divorce dissolves a legal partnership, so every divorce involves a certain amount of court involvement. If a couple can reach an agreement on how to divide their property, assign parental responsibilities and parenting time, and resolve other divorce-related issues, the court involvement may be minimal. The couple must submit their agreements to the court and, unless there are major issues or the agreements are unconscionable, the court will approve the agreements. These agreements then become legally binding.
When Is a Guardian Ad Litem Assigned to a Family Law Case?
Children are not capable of advocating for themselves the way that adults can. Whenever children are involved in a legal dispute, courts are very concerned with how possible resolutions will affect the children’s well-being. Illinois courts make decisions about child custody, adoption, parental rights, and other child-related issues based on what is in the child’s best interests. To determine what is in the child’s best interests, the court may assign a guardian ad litem (GAL).
The Aim of a Guardian Ad Litem
A GAL is often an attorney, but some GALs are social workers or other types of professionals. The GAL’s job is to investigate the case, gather information about the parents’ relationships with their child, and use this information to make a recommendation to the court about what is in the child’s best interests. The court does not have to follow the GAL’s recommendations, but their opinion does carry substantial weight. GALs are neutral third parties who do not choose one person’s side or represent one of the parties in the dispute. The GAL represents the child’s best interests. Either party in the dispute may request a GAL, or a GAL may be assigned to the case if a judge deems it necessary.
How Do I Ask My Fiancé for a Prenuptial Agreement?
Prenuptial agreements are valuable legal tools that can serve a variety of purposes. Unfortunately, many people misunderstand what a prenuptial agreement is and why a spouse would ever want to sign a “prenup.” Some even believe that signing a prenuptial agreement means that a person thinks their marriage is doomed to fail. Fortunately, the misinformation and myths about prenuptial agreements are slowly being replaced by more educated opinions. Research shows that prenuptial agreements are becoming increasingly popular – especially among younger couples. If you are interested in drafting a prenuptial agreement before tying the knot, consider the following tips for bringing up the idea to your partner.
Start Slowly and Do Not Pressure Your Spouse Into an Immediate Answer
If you want to get a prenuptial agreement, but you do not know whether your partner agrees, you may be unsure of how to broach the subject. One tip is to make the conversation as low-pressure and friendly as possible. Pressuring your partner into signing a prenuptial agreement is not only a great way to start an argument, but it may also lead to accusations of coercion, which may cause the document to be invalid.
What You Need to Know When Divorcing Someone With a Shopping Addiction
Thanks to the COVID-19 pandemic, online shopping is more popular than ever. Shoppers can purchase thousands of dollars of new items with a just few clicks - all from the comfort of their own home. Unfortunately, online shopping can sometimes develop into a full-blown addiction. Studies show that approximately 5-8 percent of Americans suffer from compulsive shopping or shopping addiction. If your spouse is a compulsive shopper, it is essential that you take steps to protect yourself and your finances during divorce.
Shopping Addiction Can Lead to Severe Financial Consequences
When most people hear the terms “addiction” or “addict,” they think of substance abuse or alcoholism. However, shopping addiction is a very real phenomenon that can have devastating implications. Individuals struggling with shopping addiction or compulsive buying disorder often recognize that they are spending much more than they can afford, but they are unable to stop the behavior. They may max out credit cards, sell items of great financial or sentimental value, or even resort to shoplifting to fulfill the compulsion. The financial and personal consequences of shopping addiction can be dramatic.
When Do Illinois Courts Restrict Parenting Time or Parental Responsibilities?
If you are a parent who is unmarried or getting divorced, you and your child’s other parent will need to determine a child custody arrangement. If you are unable to agree upon child custody terms, the court may intervene and decide for you. Parents have a legal right to spend time with their child and to be involved in major child-related decisions. However, a parent’s rights may be restricted by the court if doing so is in the child’s best interests.
There is a Rebuttable Presumption That Parents Are Fit
The term “fit” is used to describe parents who are willing and capable of providing for their child’s needs and keeping their child safe. Illinois courts assume that parents are fit unless there is sufficient evidence to the contrary. The top priority in any child custody dispute is the child’s safety and well-being. Per Illinois law, Illinois courts can restrict a parent’s child-related rights and authority if the parent has acted in a way that endangered the child or significantly harmed the child’s emotional development.
Naperville
50 S. Main Street, Suite 200, Naperville, Illinois 60540
630-352-2240
Oak Brook
700 Commerce, Suite 500, Oak Brook, Illinois 60523
630-230-8985
Burr Ridge
1333 Burr Ridge Pkwy, Suite 200, Burr Ridge, IL 60527
630-230-1002
Lake Forest
By Appointment Only
847-457-0599
St. Charles
By Appointment Only
331-210-0063
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
