Posted on September 05,2024 in Family Law

With people all having things that make them unique, it is no wonder that every couple’s dynamic is unique. And on that same token, ending a marriage can look different for every couple going through it. While divorce is certainly a common method, many others opt for something called legal separation. This article will explore what that entails and why it might be the right choice for you. If you and your spouse want to end your marriage but are unsure how to proceed, speak with an experienced Naperville, IL family law attorney to learn more.

Opting out of Divorce

There are several reasons why a couple that no longer wants to be married might look for an option that does not entail divorce. Some of these reasons are:

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 Posted on August 23,2024 in Child Custody

In Illinois, divorced parents typically share custody of their children. One parent might have the majority of parental responsibilities and visitation, but the courts prefer having both parents involved in making important decisions on their child’s behalf, including about their education. As homeschooling is growing in popularity across the country, divorced parents are finding themselves at odds over whether it is the right choice for their child. It can be frustrating and distressing when you and your ex cannot agree on something important for your child. If your ex wants to homeschool your child and you are against it, speak with a qualified DuPage County, IL divorce lawyer to review your options.

Can My Ex Homeschool Our Child if I Am Against It?

Homeschooling is an outside-the-box education model that can be an excellent choice for some children and a terrible option for others. It can be further complicated if the parents are divorced and cannot agree about it. If your ex has decided to homeschool your child and you are avidly opposed, there are several legal options you might consider:

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 Posted on August 21,2024 in Child Support

Divorce requires parents to arrange how their lives will be impacted by their separation. Will they sell their home, or will one of them keep it? What will happen with their retirement funds? Where will their children live? One of the decisions that is generally made based on the spouses’ circumstances at the time of the divorce is child support. If one parent earns more money and the other parent spends more time taking care of the children, the first parent generally makes child support payments to the other. However, like anything in life, your financial situation can change in a way that you may not have anticipated when you were settling your divorce. If you are the paying parent and have just been laid off, you probably have questions about the child support payments you are expected to make. A knowledgeable Naperville, IL divorce lawyer can give you the answers.

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 Posted on August 14,2024 in Domestic Violence

Domestic violence is a serious problem that affects many people. Sadly, the number of deaths related to domestic violence in Illinois is rising, with recent reports estimating that they increased by 110% over the past year. Understanding how domestic violence can have tragic consequences is important for keeping families safe and finding ways to prevent these situations. If you are concerned for your safety, speak with a compassionate Naperville, IL family law attorney who can help you navigate this challenging time.

Why Are Domestic Violence Deaths on the Rise?

While there is no excuse for domestic violence, there are some explanations for why related deaths have been increasing lately, including:

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 Posted on August 05,2024 in Division of Assets

Divorce can be a difficult time for families, especially in Illinois where couples face tough decisions about the future of their assets. When spouses decide to divorce, they often need to figure out how to divide their property fairly. Marital assets can include everything from houses and cars to savings accounts and investments. It is important to understand what these assets are worth to ensure they are divided fairly. If you and your spouse are considering divorce, speak with a qualified Naperville, IL divorce lawyer about conducting a property valuation.

Property Valuation in Divorce

Property distribution is an important step in the divorce process. To understand what type of property division is fair, a valuation might be necessary. Valuation is a process that determines the value of any assets that will be divided between spouses.

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 Posted on July 30,2024 in Spousal Maintenance

Many married couples have economic imbalances where one spouse has more financial means than the other. This is especially common in marriages where one of the spouses is a stay-at-home parent or homemaker. When such couples divorce, it can leave one of the spouses without any means of financial support. To remedy this, courts may order one spouse to pay spousal maintenance, also known as spousal support or alimony.

How long alimony payments continue after a divorce depends on several factors which this article will discuss. Speak with an Illinois alimony attorney if you have any questions about spousal support in your specific case.

What Factors Influence Spousal Maintenance Orders?

Courts make decisions about alimony — such as who should pay, how much, and for how long — based on several factors. These include:

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 Posted on July 24,2024 in Child Custody

Raising a child is known to be a challenging task, especially after divorce. Parents often have differing parenting styles and opinions about how to raise their children, and those opinions can be quite strong. During marriage, parents who disagree on how to raise their child typically work it out between themselves. In divorce, however, making decisions about the child without the other parent’s consent can have legal consequences.

Such decisions include raising the child according to a certain faith. Usually, one parent is approved by the court to be responsible for the child’s upbringing. But what if that parent converts to a different faith after the divorce?

The answer to that question comes down to how parental responsibilities are divided in the parenting plan. Speak to your Illinois parenting plan attorney about how to create or modify the best parenting plan for your child.

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 Posted on July 20,2024 in Divorce

Divorce can bring out different sides of people. Spouses who seem tough as nails sometimes fall apart during divorce, and people who are perceived as nice or even meek can become difficult once the divorce papers are filed. In some cases, a spouse who seems centered and well-balanced may become obsessed with his or her ex after the divorce and engage in stalking.

Stalking is sometimes done in person, where the stalker shows up at the victim’s residence or place of work, steals the victim’s pet, leaves objects for the victim to find, or persistently tails the victim. However, doing any of these things once is generally not considered stalking. Stalking usually refers to someone repeatedly violating the privacy of someone else.

In today’s digital world, stalking can be done through technology. This article will discuss forms of cyberstalking, or electronic stalking, and what to do about it. One of the ways to stop cyberstalking is through an order of protection, which we will explore. If you feel you are being stalked, the best course of action is to contact an Illinois order of protection attorney to discuss your legal options.

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 Posted on July 06,2024 in Divorce

Not all divorces are bitter and hostile. Some are relatively smooth and both spouses agree on all aspects of the divorce process, such as who should pay alimony, how to divide parental responsibilities, and how marital assets should be divided. This is called an uncontested divorce.

A contested divorce, on the other hand, is when spouses disagree on any elements of the divorce process. The couple may then be ordered to try to resolve their differences through mediation. If they cannot, they will proceed to litigate the issues in court.

In most contested divorces, spouses already live separately as they are going through the divorce process. A question that is sometimes asked, therefore, is whether one of the spouses must move away in a contested divorce. This article will discuss when a couple must separate and whether either spouse must change his or her residence. Keep in mind, however, that any questions about your specific divorce should be directed to an Illinois divorce attorney.

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 Posted on June 29,2024 in Divorce

In marriage, spouses get to share everything. They share property, they share children, and they usually share income. They can also file joint tax returns for that income and claim their child as a dependent for tax refund purposes.

But when a couple decides to end their marriage, most things are divided in two. The spouses divide their property, split their time between their children, and no longer share income. They also file separate tax returns. The question, however, often is: which parent gets to claim the child as a dependent?

When it comes to how divorce may affect your taxes, it is best to consult with an Illinois divorce attorney. An experienced lawyer will be able to guide you through your options and connect you with tax professionals if necessary.

Can Both Parents Claim the Child as a Dependent?

Even though the child may be cared for by both parents, only one of them can claim the child as a dependent in a given year. The IRS does not allow both parents to claim the tax exemption. By default, the IRS grants the exemption to whichever parent has the majority of parenting time, also known as physical custody, with the child.

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