Posted on August 25, 2016 in Mediation

Many Illinois couples choose to utilize the mediation process to come to an agreement during divorce proceedings. In some cases, the court may actually mandate that a couple spends time with a neutral mediator before asking the court to ultimately decide the terms of a divorce. No matter the reason for choosing mediation, there are many benefits, though mediation is not appropriate under all circumstances.

Your divorce attorney in the Wheaton area can help you weigh your options when deciding how best to proceed with your divorce dispute resolution.

Mediation Advantages

There are numerous advantages to selecting mediation as a form of alternative dispute resolution, including:

• Time and cost-effectiveness - Mediation is typically faster and less expensive than the drawn-out court proceedings;
• Tailored to your needs - Parties have a hand in creating the agreement;

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 Posted on August 23, 2016 in Post-Judgment Modification & Enforcement

If you have a divorce decree, parenting plan agreement, or spousal or child support order in place, it can be incredibly frustrating – even infuriating – when your former spouse or partner does not live up to his or her part in the agreement or court order. Fortunately, an experienced family law attorney in Illinois can help you seek compliance from your ex.

When Your Ex Refuses to Comply or Cooperate with a Court Order

The entire purpose of going through the initial settlement or litigation process was to obtain an official arrangement so that all parties can move forward. Yet, when one spouse or partner refuses to comply, it can make all the previous time and expense spent finalizing the divorce or parenting plan seem wasted. This, however, is not the case.

Court Orders Are Enforceable

Once a divorce or child custody (parental responsibilities) case is finalized, the order is legally enforceable and a party seeking to change or modify the order must go through the court. Neither party can simply just decide to change their obligation without court approval - even if there is a very good reason.

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 Posted on August 18, 2016 in Finances and Divorce

Divorces can be complicated, and when you believe your spouse is hiding high-value assets to prevent the court from seeing the whole picture in terms of your family's finances, the proceedings can get that much more complex. Hidden assets can directly affect the outcome of your divorce and must be addressed immediately.

If you have reason to suspect your spouse of hiding assets from the court, it is a good idea to consult with an experienced family law attorney right away. Your Wheaton family law attorney will have experience locating hidden assets, persuading spouses to be more forthright with the court, and holding difficult or dishonest spouses accountable for hiding information necessary to gauge how the marital assets should be divided.

What Is a Hidden Asset under Illinois Law?

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 Posted on August 16, 2016 in Collaborative Law

Illinois allows spouses going through a divorce to utilize a system called collaborative law, rather than the adversarial judicial process. If you are interested in learning more about whether a collaborative divorce is right for you, consult an experienced family law attorney in Illinois.

What Is the Collaborative Divorce Process?

Instead of going to trial and having a judge decide the matters that you and your spouse may not be able to resolve alone, the collaborative law process allows you to make the decisions about your divorce together, with the help of your attorneys. A collaborative divorce may also include other professionals such as therapists, financial advisors, or child psychologists.

Everyone involved in the collaborative process illustrates his or her commitment to the method by signing an agreement at the onset. If parties are unable to reach an agreement, the attorneys must bow out, and the parties will need to choose alternate counsel to pursue a trial. This gives incentive for both spouses and attorneys involved to truly try their best at collaboration.

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 Posted on August 11, 2016 in Divorce

If you and your spouse are going through a contentious divorce or one with significant assets and you are concerned about how your spouse may deal with finances and marital assets throughout the process, you may want to learn more about financial restraining orders in Illinois. One of our experienced family law attorneys can go over your finances with you and help you determine whether filing for a financial restraining order would be in your best interest.

Why File for a Financial Restraining Order?

Divorce proceedings can be costly, stressful and emotionally-charged. When spouses are angry and worried about finances, they sometimes act out financially or attempt to punish the other spouse by overspending or blocking access to bank accounts and other funds. A financial restraining order can prevent your spouse from locking you out of your accounts, or blowing through the marital savings during your divorce proceedings.

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 Posted on August 09, 2016 in Child Custody

Most states, including Illinois, consider the best interest of the child as the primary factor in deciding matters related to the child or children in divorce proceedings, child custody cases, child support, and even paternity. But, what is actually considered to be the best interest of the child can vary from state to state. If you are involved in a divorce, custody fight, or other legal matter involving your child or children, our firm's experienced family law attorneys can help you. We can assist you in determining what the best interests of your child may be, what factors the court will consider in making decisions related to your child, and how best to demonstrate to the court what you believe is in your child's best interest.

What Factors Will the Court Consider when Deciding Best Interest of a Child in Illinois?

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 Posted on August 04, 2016 in Same Sex Marriage in Illinois

Now that same-sex marriage is the law of the land, many people have questions about how existing civil unions and domestic partnerships may be affected. If you are in a civil union and would like your union recognized as marriage, one of our experienced family law attorneys in DuPage County can help.

We can advise you as to how moving from a civil union to marriage under Illinois law may affect your tax liability, health insurance, immigration status, and other responsibilities, protections, and benefits. We can also help you determine whether keeping your domestic partnership as a civil union rather than a marriage will best suit your family's needs.

History of Same-Sex Marriage and Civil Unions in Illinois

While the U.S. Supreme Court legalized same-sex marriage in its landmark Obergefell v. Hodges decision last year, same-sex marriage has been legal in Illinois since 2014. In addition, civil unions have been available to same-sex couples in Illinois since 2011.

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 Posted on July 28, 2016 in Divorce

Illinois is now considered a no-fault divorce state because it only allows parties to file for divorce by citing so-called irreconcilable differences. In other words, the marriage simply did not work out, but that is not the fault of any one specific action of either party.

If you are considering divorce, a family law attorney in DuPage County can help you determine whether you and your spouse have experienced irreconcilable differences.

No-fault and At-Fault Grounds for Divorce

Unlike some other no-fault states, Illinois used to allow several at-fault grounds, or reasons, for a divorce. The court typically did not consider the fault or grounds alleged when deciding the substantive issues - like child custody, division of the assets, child support or spousal support - related to the divorce though. Instead, the court looked at the grounds when considering whether the person filing for divorce is permitted to do so and whether any waiting period requirements have been met.

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 Posted on July 27, 2016 in Divorce

How quickly your divorce is finalized typically depends on whether your divorce is considered a contested or uncontested proceeding. Uncontested divorces are generally resolved faster, since the parties can come to an agreement and avoid the time and expense of litigation.

However, uncontested divorces are not appropriate for spouses who cannot agree on all of the most important aspects of a divorce, including spousal and child support, a parenting plan and custody agreement, and division of the assets and debts.

If you are seeking a divorce and wonder which method of divorce proceedings would be right for you, one of our experienced family law attorneys in the Wheaton area who handles divorce can discuss with you the pros and cons of both contested and uncontested divorce.

What is an Uncontested Divorce in Illinois?

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 Posted on July 21, 2016 in Child Custody

In the past - and, unfortunately, at times still today - the courts have traditionally favored mothers when it comes to deciding which parent should be granted primary custody, or whether fathers can share equally in both parenting time and the right to make important decisions about their children's lives.

Illinois has made strides in recent years towards recognizing that fathers play just as important a caretaking role as mothers do and deserve equal treatment when it comes to custody decisions. Our experienced parental responsibilities lawyers believe strongly that neither parent should - based solely on his or her gender - have a right to an automatic presumption of custody.

Rather, the court should consider the best interest of the child, the existing relationship between a child and each of his or her parents, the stability of a parent's home environment, and the type of support each parent provides the child, including financial, physical, emotional, and educational support, among other factors.

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