Posted on December 17, 2024 in Child Custody

Understanding how paternity influences child custody disputes is essential for parents navigating the complexities of Illinois family law. Paternity does more than confirm a biological connection—it establishes a legal bond that influences decisions regarding custody, visitation, and child support.

For fathers, proving paternity can establish parental rights and the ability to play a meaningful role in a child’s life. For mothers, it ensures a pathway to support and helps secure the child’s relationship with both parents. With the guidance of an experienced Illinois family law attorney, parents can protect their rights and prioritize their child’s best interests.

What Is Paternity and Why Is It Important in Custody Cases?

Paternity is the legal recognition of a man as a child’s father. Without legal paternity, a father may not have rights to custody or visitation, and the mother may not have the ability to seek child support. In Illinois, this can be established in several ways:

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 Posted on December 12, 2024 in Divorce

Divorce typically brings a range of financial and legal considerations, particularly when children are involved. One significant question many divorced parents face is whether courts can require them to contribute to their child’s college expenses. This issue can be both financially and emotionally challenging, especially for families who are adjusting to life post-divorce.

Disagreements over public versus private schools or how expenses will be divided can complicate matters, making it essential to seek legal guidance. An experienced Illinois family law attorney can help you make informed decisions about your child’s education while also protecting your financial stability.

What Does Illinois Law Say About College Tuition After Divorce?

State law allows courts to order parents to contribute to their child's college expenses under certain circumstances. Unlike child support, which normally ends when a child turns 18 or graduates from high school, this provision explicitly addresses post-high school education.

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 Posted on December 06, 2024 in Spousal Maintenance

Retirement often brings significant life changes, including new opportunities for relaxation and a slower pace of life. However, this time also comes with financial adjustments. For those paying or receiving spousal maintenance, it raises many pressing questions. What happens to the payments when your income shrinks? Does retirement justify a reduction in obligations? To gain a better understanding of your legal options and responsibilities, it is important to consult with a DuPage County, IL family law attorney.

What Happens to Spousal Maintenance When You Retire?

Retirement typically results in a lower income, whether it is due to transitioning to Social Security benefits, using retirement savings, or relying on pensions. This change can impact spousal maintenance obligations, as courts examine your income levels when determining payments. These orders are not automatically adjusted when you retire, so you may need to take legal action to modify your payment terms.

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 Posted on November 28, 2024 in Divorce

Divorce is rarely an easy process, but high-asset cases bring additional layers of complexity. Couples with significant wealth often have to navigate dividing business interests, multiple real estate holdings, or intricate financial portfolios. The way these issues are resolved can profoundly impact both parties’ financial futures. 

Two common divorce resolution strategies for high-asset cases are mediation and litigation. Each has advantages and drawbacks, and the right choice depends on the couple's unique circumstances. A DuPage County, IL divorce lawyer can help you determine whether a collaborative resolution through mediation or going to trial is the best legal strategy for your case.

When Does Mediation Work Best?

In mediation, divorcing spouses work with a neutral third party, known as a mediator, to resolve disputes and reach a mutually acceptable agreement. Mediation can be useful in high-asset divorces because it can provide: 

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 Posted on November 18, 2024 in Child Custody

The holidays are a time for family, joy, and togetherness. However, for parents navigating a shared custody arrangement, it can also be a time of stress and tension. They may wonder how they can create a holiday schedule within their parenting plan that works for everyone and is fair to their children.

With the right approach, it is possible to make the holidays a positive experience for your family, even in a co-parenting situation. An experienced Illinois family law attorney can help you create a balanced holiday schedule that prioritizes your children’s needs while respecting each parent's right to quality time.

How Should You Decide Which Holidays Each Parent Will Have?

The ideal way to divide holiday time is through open, respectful communication. Parents can discuss their preferred holidays and make adjustments based on family traditions, religious observances, and other personal priorities. Events like family reunions or annual celebrations that hold particular significance could influence the scheduling decisions.

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 Posted on November 14, 2024 in Divorce

Life after divorce often brings a range of adjustments, especially when managing finances independently. In some cases, however, these financial circumstances can shift unexpectedly, creating new burdens that impact your ability to comply with the terms of your divorce decree. 

Events like sudden job loss, a medical emergency, or a considerable pay decrease can strain your resources, making it difficult to maintain agreed-upon financial obligations. An experienced Illinois family law attorney can help guide you through your options if you need to modify your divorce decree due to a significant financial change.

Can I Modify My Divorce Decree After a Financial Change?

To seek modification, you must demonstrate that the change impacts your ability to meet the financial obligations outlined in your original divorce decree. Illinois law allows for modifications to divorce decrees if there has been a substantial change in circumstances such as: 

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 Posted on November 06, 2024 in Child Custody

When parents go through a divorce, one of the most challenging aspects is deciding custody arrangements for their children. In some cases, a child may express a preference about which parent they want to live with, which can raise questions about whether the child’s opinion will influence the court’s decision. The court will consider many factors when determining custody, and the child’s preference is just one part of a broader analysis. An Illinois family law attorney can guide you through the custody process and help protect your child’s well-being. 

Does a Child’s Preference Play a Role in Custody Decisions?

A child’s preference can be a factor in custody decisions, but it is not the only consideration. Under Illinois law, the court prioritizes the child’s best interests, examining several other factors in addition to the child’s preferences. Section 750 ILCS 5/602.5 of the Illinois Marriage and Dissolution of Marriage Act outlines key elements that courts must evaluate when deciding custody, referred to as the "allocation of parental responsibilities." 

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 Posted on October 29, 2024 in Asset Division

Dividing property during a divorce can be complicated, especially when high-value assets like real estate are involved. The couple’s home is often one of their most valuable assets, and determining who keeps the house in a high-asset divorce requires careful deliberation. 

Without proper guidance, it is easy for one spouse to feel they are losing more than just a home — he or she could be left with an unfair portion of a couple’s shared financial security. An experienced Illinois divorce attorney can help you navigate the difficulties of property division and ensure that your assets are properly distributed.

How Is Real Estate Divided in a High-Asset Divorce?

In a high-asset divorce, Illinois law follows the principle of equitable distribution. This means that property is not necessarily divided equally, but instead, fairly based on several factors. When it comes to real estate, such as the marital home, the court considers:

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 Posted on October 17, 2024 in Family Law

When a marriage reaches a point where a couple can no longer live together, they may consider two options: legal separation or divorce. While both processes involve living apart, they have important legal differences that can impact finances, responsibilities, and personal status. Understanding the distinctions between the two is essential in order to make an informed decision. If you have questions about legal separation and divorce, an Illinois divorce attorney can help you understand the differences and determine which option works best for your situation.

What Is Legal Separation?

Legal separation allows couples to live apart while remaining legally married. Couples may choose this option due to religious beliefs or personal reasons or to maintain certain marital benefits, such as health insurance and tax advantages. The critical difference is that legal separation does not end the marriage.

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 Posted on October 10, 2024 in Asset Division

Dividing assets during a divorce is a complicated process, especially when spouses share ownership of a business. The business is often more than just an asset; it is a product of both partners' time, energy, and ambition. As a result, questions about what will happen to the business can bring both practical and emotional challenges. If you need guidance on properly handling your shared business ownership, an Illinois divorce attorney can help you understand your options.

What Are the Options for Dividing a Shared Business?

When both spouses have a stake in a business, there are a few choices to consider during the divorce process:

• Buyout: One spouse may buy the other's share of the business, allowing the buyer to retain full control.

• Co-Ownership: After their divorce, the couple can decide to continue co-owning the business. This arrangement requires a solid partnership agreement and the ability to effectively work together.

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