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Recent Blog Posts

Proving You Need Full Custody in Illinois

 Posted on February 20, 2024 in Child Custody

IL family lawyerIllinois courts are generally reluctant to grant either parent full custody of their child unless the circumstances truly show that such an arrangement is in the child’s best interests. Even when one parent is less than perfect, courts are more likely to order supervised visitation than to cut one parent off from their child completely. However, there are cases where one parent is so dangerous to the child’s wellbeing that a court will award one parent sole custody. Suppose your child’s other parent is so dangerous that any child custody arrangement giving them parenting time would be unsafe. In that case, your Arlington Heights, IL, child custody lawyer can begin gathering the evidence you will likely need. In most cases, the other parent will resist this arrangement.

Evidence You May Need to Secure Sole Custody

Cook County, IL, family law courts frequently see high-conflict child custody battles where one or both parents are demanding sole custody not because it is necessary to protect the child but simply to spite the other parent. Your lawyer will need to help you prove that yours is not one of those cases. Types of evidence that can be very helpful when you are pursuing sole custody include: 

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What Are Parental Responsibilities?

 Posted on February 13, 2024 in Child Custody

IL family lawyerParental responsibilities refer to the decisions a parent must make on behalf of their child and the duties they owe the child. During a divorce or child custody case, parental responsibilities will be assigned to one or both parents. Your parenting plan will set out which parent is responsible for making critical decisions about the child’s upbringing, including what type of healthcare they should receive. Parental responsibilities used to be called “legal custody” in Illinois. In many cases, both parents will retain some decision-making responsibility, such as the right to consent to medical or mental health treatment on their child’s behalf. The allocation of parental responsibility may be very important in your child custody dispute if you and the other parent do not share the same opinions on how to raise your child. It is important to be represented by a Rolling Meadows, IL, child custody attorney when you are involved in this type of court case.

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What Is Domestic Violence?

 Posted on February 07, 2024 in Domestic Abuse

IL family lawyerIf you have to ask whether what you have experienced in your marriage counts as domestic violence, the answer is probably yes. While domestic violence certainly includes violent actions like hitting or choking you, there are more subtle forms of domestic violence. Simple things like pushing you out of the way, restraining your movement (except in self-defense), and ripping your belongings out of your hands can also be considered forms of domestic violence. Note that domestic violence is not the only form of domestic abuse. Verbal abuse, financial abuse, emotional abuse, and sexual abuse are all very valid forms of spousal abuse. If you are married to an abusive spouse, there is help available. An Arlington Heights, IL, divorce and domestic violence lawyer can help you make a plan to get out of your marriage safely. 

Have I Experienced Domestic Violence?

If your spouse caused you any physical harm, including pain or discomfort without your consent, there is a strong chance that they have carried out domestic violence against you. You may have experienced domestic violence if your spouse:

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Special Issues in High-Asset Divorce

 Posted on January 30, 2024 in High-Asset Divorce

IL divorce lawyerWhen spouses have a relatively small marital estate, dividing their marital property equitably can be a somewhat simple task. If there is little more than a bank account and some furniture, the portion of their divorce that pertains to the division of assets will likely be over quickly and with little dispute. However, in high-asset marriages, it is very likely that the spouses have complex assets that will be more challenging to divide. If you and your spouse share income properties, a business, or an investment portfolio, your attorney will need to take special care to ensure that you receive your fair share of the marital assets. When there is a lot at stake, it is critical to be represented by a well-qualified Arlington Heights, Illinois, high-asset divorce attorney

Common Types of Complex Assets 

Some assets are more difficult to divide than others. Some types of assets you may need to divide strategically during your high-asset divorce include: 

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Is My Prenuptial Agreement Enforceable?

 Posted on January 18, 2024 in Prenuptial Agreements

IL family lawyerJust because you have a prenuptial agreement in place does not necessarily mean that the court will enforce it when you get divorced. There are a number of issues that might render your prenuptial or postnuptial agreement invalid, such as coercion, fraud, and failure to disclose assets and debts prior to signing. It is somewhat common for a bride or groom-to-be to get coerced into signing a prenuptial agreement, often at the last second before walking down the aisle. Sadly, fraud is also not uncommon. There are also public policy reasons why a court might not uphold such a contract. Generally, an agreement that is so drastically unfair that one spouse would be left unable to meet their basic needs cannot be enforced. If you are worried that an unfair or unreasonable prenuptial agreement might be used against you when you get divorced, it is important to work closely with an experienced Rolling Meadows, IL, divorce lawyer

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How Family Law Has Changed Over the Years

 Posted on January 11, 2024 in Family Law

IL family lawyerFamily law has come a long way in the last 50 years. While the law has changed substantially, its depiction in media has not quite caught up. Gone are the days when mothers going through a divorce could automatically expect to receive full custody of their young children. Fathers and mothers are treated equally under the law now. The terminology the state of Illinois uses to describe family law concepts has also changed significantly over the years. For example, the nongendered term “parentage” has largely replaced the term “paternity,” as children can now be born with two mothers or two fathers. When you are going through any type of family law proceeding, it is important to be represented by a qualified Rolling Meadows, IL, family law attorney who is experienced in this ever-changing field

Child Custody Is Different

Instead of “physical custody,” Illinois now uses the term “parenting time.” Also gone is the term “visitation.” Both the parent who has the child with them more often and the parent who sees the child more infrequently have “parenting time.” This is because the term visitation implies that a parent is a visitor to their children rather than a parent. “Legal custody,” - the right to make decisions for your child - is now called “parental responsibility.” 

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Reasons for a Prenup Go Beyond Just Divorce

 Posted on December 30, 2023 in Prenuptial Agreements

IL family lawyerWhile prenuptial agreements are commonly associated only with divorce, they serve a much broader purpose in the grand scheme of things. Prenups can provide couples with financial security, protect family assets, and establish clear expectations for the future. If you are wondering what advantages a prenup may offer you and your spouse, contact a lawyer trained in family law and explore the various reasons why a prenup may be in your and your spouse’s best interests.

Four Reasons Why You Should Consider a Prenup

  1. Safeguarding family assets – One often compelling reason to sign a prenup is to protect family assets. If you or your spouse come from a wealthy family or have inherited significant assets, a prenuptial agreement can ensure that those assets remain within the family in the event of a divorce or separation. This can provide peace of mind and prevent potential conflicts over the distribution of family wealth.

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Domestic Violence and the Holidays

 Posted on December 15, 2023 in Domestic Abuse

IL family lawyerIf you are currently married to a person who has been violent towards you or your children, this holiday season might feel more scary than celebratory. You should know that domestic violence often gets worse, not better, during the holidays. If you are considering divorce, this might be the right time to leave. You will need to make a safety plan. You may have already noticed escalating violence, or you may have already experienced it in years past. Your safety plan may include getting an Order of Protection that will remove your abuser from the home before serving them with divorce papers. A well-qualified Arlington Heights, IL, divorce attorney who has experience helping survivors of domestic violence can take steps to make your divorce as safe as possible for you and your family. 

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What are Parental Responsibilities?

 Posted on December 08, 2023 in Child Custody

IL custody lawyerParental responsibilities include making decisions, providing care, and financially supporting the child. These responsibilities are allocated between the parents during a divorce or child custody case. Just as parenting time must be split between the parents, so must these responsibilities. The concept of parental responsibility used to be referred to as “legal custody.” The parent who could sign a medical consent form or choose their child’s school was said to have “legal custody” regardless of which parent the child was physically with at the time. Now we might say “medical decision-making responsibility” and “responsibility to place the child in an appropriate school.” While the wording has changed, the general effect has not. It is very important to be represented by a qualified Rolling Meadows, IL, divorce attorney if you have a child custody case. 

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Issues in High-Asset Divorce

 Posted on November 30, 2023 in High-Asset Divorce

IL divorce lawyerAny divorce can become very complicated very quickly. Even when the spouses share very little marital property, there can be substantial conflict that makes the divorce hard to resolve. When the spouses share substantial marital assets, it can be reasonably assumed that the divorce will be a bit more complicated than most. Neither spouse is likely willing to be left with what they feel is less than their fair share of the marital property. This can produce a lot of conflict. The court may need to make these decisions in cases where the parties are unable to agree. Under Illinois law, all marital property is to be divided in an equitable manner. This largely means that after considering all the relevant factors, the court can largely divide assets in any way it deems fair. It is especially important that individuals in high net-worth marriages be represented by an experienced Illinois divorce lawyer. Unrepresented parties are frequently taken advantage of. 

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