Posted on December 05, 2023 in Child Custody

If you are a parent and are heading toward a divorce, you probably have a lot of questions about how you and your spouse will divide parental rights and responsibilities. Since there is no uniform way for custody to be decided and every divorce is different, it would be legitimate for you to be feeling some uncertainty at this time. Have no fear. An experienced Arlington Heights, IL family lawyer will be able to clear up your confusion and create a plan to zealously fight for your rights.

What Is Considered Legal Custody?

What is commonly known as legal custody is referred to in the State of Illinois as parental responsibilities. This term covers parents’ rights to make decisions that concern their children in the following spheres:

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 Posted on November 29, 2023 in Divorce

When both spouses going through a divorce have lucrative careers, the financial implications of their divorce may not seem so significant. They have both contributed to their bank accounts and marital assets and both would easily be able to make a case for why they deserve recognition for this in their divorce settlement, in the form of financial arrangements. However, when one spouse works and the other manages household responsibilities, it may be stressful for the latter to consider divorce and all the financial implications it could present. If you are a stay-at-home parent and you worry how divorce would affect your finances, an Arlington Heights, IL divorce attorney can answer your questions and passionately advocate for a divorce settlement you can be satisfied with.

How Does Equitable Division Help a Stay-At-Home Parent?

When a couple first starts dating, they might both have promising careers. They may both have studied and gotten specific degrees to prepare them for their professions and in the years they worked until they met, they may have been able to give everything to their jobs, staying overtime and dedicating themselves to their employers’ success.

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 Posted on November 13, 2023 in Family Law

When a couple with children gets a divorce, many issues will need to be resolved. A major issue is child support. The court will decide that one parent will need to make regular payments to the other parent to aid with child-raising costs, including food, clothing, medical costs, school, and many more. If you are the parent with the majority of parental responsibilities, you will likely depend on these child support payments to make sure you can cover all the expenses you are responsible for now that you are no longer married. If your co-parent suddenly stops making these payments, it can be extremely stressful and you may be worried about how you will make ends meet. There is hope for you, however, with legal procedures in place for exactly this type of situation. An experienced Arlington Heights, IL child support attorney will be able to explain the procedures to you and get started on the path of protecting your rights.

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 Posted on November 06, 2023 in Divorce

When a couple goes through a divorce, they may need to take part in a deposition. If the divorce happens through litigation, instead of through collaborative divorce or mediation, it is guaranteed that a deposition will be part of the process. A deposition is a way for the two sides, their legal representatives, and a court report to come together and document all the information about things like income, assets, and children’s needs, that will be important for deciding the divorce settlement. If you are considering divorce in the State of Illinois and are curious about what might happen in a deposition, an Arlington Heights, IL divorce lawyer can clear up any confusion and help start you on your path of advocating for your rights.

What Should I Expect in a Deposition?

Depositions can be very intimidating. You need to swear under oath to answer all questions truthfully. However, even if you have no intention of lying, you may not have obvious answers to everything that you are asked. An important part of preparing for a deposition includes having your lawyer prepare you for the questions you may be asked.

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 Posted on October 27, 2023 in Divorce

Movies and TV shows constantly show a contentious divorce playing out in a courtroom. In truth, that is sometimes what happens in reality. But in some cases, a couple can agree that divorce is the right step, even if they can be amicable about it. Instead of going to court, a couple can decide to try mediation, which is becoming more and more common in family law issues. Mediation costs less than court processes and allows both sides to address each of their concerns to try to achieve a solution both can agree on while avoiding going to court. If you believe divorce is in our future but you think mediation might be the right choice for you and your spouse, a Kane County, IL divorce lawyer will be able to clear up any confusion you may have and guide you through the process.

What Happens in Mediation?

When a couple opts for mediation, they are generally kept in separate rooms, and the mediator will keep coming and going between both. The mediator’s job is to hear the concerns of each side, listen to settlement possibilities, and suggest compromises that both sides might consider reasonable. As a neutral outsider, it is easier for the mediator to identify the real issues and try to come up with a path toward agreement. Once an agreement has been reached for all the aspects that need to be considered when a married couple splits, you will need to file the Illinois divorce petition through the court system.

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 Posted on October 12, 2023 in Divorce

The courts in the State of Illinois take accusations of domestic violence extremely seriously. Victims of abuse have several steps at their disposal to seek protection for themselves and any children they may have. Courts can grant an Order of Protection, otherwise known as a restraining order, to restrict an alleged abuser’s ability to physically go to specific places. There is something called an Emergency Order of Protection, which can be granted almost immediately when someone makes an official complaint, before an investigation.

While these orders are in place to protect victims of domestic abuse, there are unfortunately people who take advantage and make false accusations against their spouses. They could do this for several reasons. They might believe this would help their case in divorce proceedings if they are seeking favorable custody arrangements, or they might simply want to harm their ex. If you are being falsely accused of abuse and have been issued an Emergency Order of Protection that is keeping you away from your children, an Arlington Heights, IL divorce lawyer can offer advice and guidance at this difficult time.

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 Posted on October 06, 2023 in Family Law

When a married couple has a baby in the State of Illinois, the woman who gives birth is automatically considered the mother, and her husband is automatically considered the father. This definition is very matter-of-fact and does not have much impact on the family. However, when a couple is not married and they have a baby, things can become a bit more complicated. The woman who gives birth is still automatically considered the mother, but the baby’s father needs to prove his paternity, meaning that he is the biological father.

Whether or not someone is legally considered a child’s father has a lot of ramifications. This determines if a man has certain obligations to the child and mother, such as the requirement to make child support and spousal support payments. It also determines whether the man has any rights relating to the child, such as visitation and decision-making. If you are not married, about to welcome a baby, and are concerned that your rights as a father may not be protected, an Arlington Heights, IL paternity lawyer can explain the specifics of why you may want to officially and legally prove your paternity.

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 Posted on September 20, 2023 in Divorce

The term “divorce” has been commonly used for many years, but people who have never been divorced may not be aware of all the issues that need to be settled when you are going through one. If you are like the majority of Americans and you have not thoroughly studied the law, you might likely find yourself in a confusing situation.

If you and your spouse are considering a divorce, please consider speaking with an experienced Arlington Heights, IL divorce attorney who can explain all the aspects of a divorce settlement in detail, including how they might apply to you.

What Issues Need to Be Settled during Divorce?

When a couple decides to legally end their marriage, the process can take some time to complete. The reason for this is that many aspects of their lives were legally bound, and now they need to agree on how to split those up. When children are involved, divorce can be even more complicated.

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 Posted on September 15, 2023 in Divorce

We are all familiar with what is considered a “typical” divorce. You have probably seen TV shows showing spouses screaming and refusing to give each other anything. In reality, however, there are many times when a couple wants to get divorced but is not interested in hurting each other.

In such cases, an uncontested divorce can be the simplest way for both sides to get what they want. If you are considering divorce and you think you and your spouse can agree on all the issues involved, an Illinois uncontested divorce attorney can guide you on how to accomplish this.

What Is an Uncontested Divorce?

You and your spouse want a divorce, but that does not necessarily mean you cannot agree on how you would like to go about it. Sometimes, a couple can form a shared vision for their future after divorce. And sometimes, they can even agree on every aspect that would need to be settled in a divorce. That includes:

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 Posted on September 07, 2023 in Family Law

According to the Centers for Disease Control (CDC), domestic violence affects millions of Americans every year, with one in five homicides being carried out by the victim’s intimate partner.

It can be hard enough to gather the courage to leave a situation where you are a victim of domestic abuse, and even harder to think about actual legal actions like divorce. If you are reading this and find that you can identify with it, you should know about the options you have to protect yourself and your children. Suffering domestic abuse is a terrible experience that no one should have to go through. An Arlington Heights, IL attorney will walk you through what you can do and fight hard to get you the best resolution for you.

File a Petition for Sole Custody

In the State of Illinois, two parents who share children and are getting a divorce generally will have some sort of shared custody arrangement. What is commonly known as custody is split up into two categories: parental responsibilities (referring to the ability to make important decisions for the child) and parenting time (visitation, or the amount of time a parent is physically with their child).

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