Posted on May 06,2020 in Divorce

For decades, the United States has focused much time and energy on public awareness campaigns about the prevalence of domestic violence and what you can do if you are experiencing domestic violence in your home. Unfortunately, domestic violence still remains an issue to this day. According to the National Domestic Violence Hotline, there are around 12 million men and women who are victims of domestic violence each year.

When it comes to divorce or other child-related legal proceedings, situations involving accusations of domestic violence can sometimes be very volatile, and this can lead to concerns about protecting the safety of family members and providing for children's ongoing well-being. Because of this, there are a variety of complicated legal issues that may need to be addressed.

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 Posted on April 29,2020 in Divorce

For many people, having a child and starting a family is a life goal. Having children can be extremely fulfilling, but they do not need to be taken care of forever. Eventually, children grow up and head off to college or move out of the home. During this time, many parents develop feelings of loss and emptiness. These feelings have been named “empty nest syndrome,” and they can lead to a great deal of stress for many parents that can affect their marriages. It is not uncommon for couples to have marital issues after their children have left the home. In some cases, the issues in the marriage could lead to a divorce.

What Is Empty Nest Syndrome?

If you have children, you have spent years, even decades, dedicating yourself to them. You took care of them while they were babies, helped them through the tough adolescent years, and guided them through heartbreak and other difficulties as teenagers. Now, they are ready to leave the home and explore the world. You are left behind, with the same home, same life, and same spouse, and you may struggle to adjust to your children being gone. The feeling of loss and emptiness that you may experience is known as empty nest syndrome.

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 Posted on April 22,2020 in Asset Division

During a divorce, one of the biggest issues you must deal with is the asset division process. Everything that you and your spouse own together must be allocated between the two of you during this process. Illinois is an equitable division state, which means marital property should be divided in a fair manner. However, fair does not always mean equal. Most assets are easy to define and allocate, but what happens when you or your spouse own a business or a private practice that you must address?

Options For Your Business

Before you make any decisions, you should get a fair valuation of your business. It is important to know exactly what your business is worth before you start figuring out how to deal with it. There are various methods you can use to determine the value of your business. Your divorce attorney should be able to recommend an appraiser who can offer advice about your valuation.

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 Posted on April 15,2020 in Divorce

Prenuptial agreements have historically been considered taboo. After all, who plans their divorce before they are even married? In recent years, prenups have become increasingly popular and are no longer just for celebrities. Couples from all walks of life have begun to recognize how a prenuptial agreement could be beneficial to their marriage and peace of mind. In the event that you do get divorced, a prenuptial agreement acts as the framework for the divorce agreement, making the entire legal side of the divorce process easier.

A Prenup Cannot Include the Following

If you end up getting divorced, your prenuptial agreement will save you some time, as long as your agreement is valid. However, there are certain things that you cannot include in a prenuptial agreement for it to be considered legally valid. If your prenup is found to include some of these details, the court can decide to throw out the invalid parts, or the entire agreement may be considered invalid. Here are a few things that cannot be included in Illinois prenuptial agreements:

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 Posted on April 08,2020 in Family Law

Even if you love your spouse and are happy with them when you get married, you cannot predict the future. People change and evolve over time, and it is impossible to know what will change down the road. The way you feel about your spouse when you get married may not be the same as the way you feel about them 5, 10, or 15 years later. When things get tough in a marriage, one or both spouses may begin to consider divorce. The decision to divorce does not take place overnight, nor is it an easy one to make. When a couple is unhappy, yet not quite ready to call it quits, talking with a divorce lawyer and creating a postnuptial agreement may actually help save the marriage.

What Is a Postnuptial Agreement?

A postnuptial agreement is very similar to a prenuptial agreement, which is a legally-binding agreement that is signed before the marriage. The main difference between the two is that a postnuptial agreement is signed after a couple is already married. The two types of agreements may also address different areas — a prenuptial agreement tends to focus on issues that might come to light during the marriage, such as infidelity or financial issues, whereas a postnuptial agreement typically looks at the current life that you have built and what that will look like moving forward.

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 Posted on March 26,2020 in Family Law

The coronavirus has been in the news for weeks now. The virus, also known as COVID-19, has spread rapidly across the world and the United States. There are currently more than 140,000 cases of Coronavirus in the United States, with over 2,400 deaths to date. The virus has been quickly spreading across the country, and currently, the primary recommendations made by the Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO) are to practice social distancing. This has led many states, including Illinois, to enact stay-at-home orders, requiring residents to only leave their homes for life-sustaining reasons. This has also led many people to wonder how this order will affect their parenting time and parenting plans.

Understanding the Executive Order

Illinois Gov. J.B. Pritzker issued an executive order on March 20, 2020 that requires all Illinois residents to stay in their homes and avoid social gatherings. The order still allows people to leave their homes for outdoor activities, such as walking the dog or exercising, or for other essential errands, such as going grocery shopping, getting gas, or picking up prescription medications. Travel has also been restricted to essential travel only, though roadways will still be open. Essential travel includes travel to care for the elderly, minors, or other vulnerable people, travel to return to one's residence, and travel for other essential tasks.

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 Posted on March 18,2020 in Family Law

Q: What will happen to the court dates I have scheduled?

A: Kane, DuPage, Kendall and DeKalb Counties have all suspended non-emergency court dates through April 17, 2020. In Kane County, the judges are offering teleconferencing for previously scheduled pre-trial conferences and our office is working with our opposing counsels to move forward with those scheduled matters. The Circuit Clerk's Offices will be sending new dates for previously scheduled Case Management Conferences and status hearings. If your case was set for an extended hearing or trial, it is likely that those new dates will be scheduled after the courthouses resume regular operations. Should any circumstances change, we will be in touch with all of our clients to update you.

Q: Do I still need to follow my court ordered parenting schedule?

A: You should always follow court orders that are in place unless such orders are modified by the Court. However, during this time, it is imperative that you follow the advice of your doctor, your government officials, and the Center for Disease Control. Continue to work with your former spouse or partner to transition children between households in a safe manner. It is always best to keep children calm and stable in unfamiliar situations. If you have a specific question about your individual cases or parenting plans, please contact our office and we can answer your questions.

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 Posted on March 18,2020 in Divorce

There are many reasons that a marriage can end in divorce. Some couples may find that they want different things in life or that they are not happy together anymore. Other couples may become so distant with each other that one spouse strays outside of their marriage. However, that is not the only sex-related issue that can lead to divorce. In some cases, sexual dysfunction can also be a reason for the split.

Understanding Sexual Dysfunction

Sexual dysfunction can occur with either spouse, though many falsely believe that this is only experienced by males. Sometimes, sexual dysfunction can manifest in men if they have difficulty or inability to maintain an erection. Women may experience pain during intercourse, making it unbearable to have relations with their partner. Sexual dysfunction can be difficult for many couples to deal with and it can often cause other issues in the marriage. If either spouse is experiencing sexual dysfunction, it can lead to a pattern of anxiety, avoidance, or abstinence from sex, damaging the marriage in the process.

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 Posted on March 11,2020 in Divorce

It is true that divorce is a stressful process that is wrought with emotions. Divorcing your spouse is a serious life change that can cause distress for the whole family, but it is not just an emotional process. First and foremost, divorce is a legal process that comes with certain legal requirements. There are many times during a divorce that the court may order you to do things, and these orders are not suggestions — they are legally-binding and required by law. In some cases, refusing to cooperate with the court’s orders can result in jail time until the orders are followed. 

What Is Contempt of Court?

Being in contempt of court is something you should do your best to avoid. If you are considered to be in contempt of court, you either did something that the judge specifically told you not to do or you did not do something that the judge ordered you to do. For example, a parent may be held in contempt if they refuse to follow their court-ordered parenting time schedule or if they do not meet requirements for paying child support.

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 Posted on March 04,2020 in Child Custody

When it comes to child custody, the court has one goal: to protect the child’s best interests. To do this, there are a variety of factors that are considered when allocating parenting time and decision-making responsibilities. Some of these factors include things such as the level of cooperation between the spouses, the child’s adjustment to their home, school, and community, and even the stability of each parent and their ability to facilitate a loving relationship with the other parent. Another factor that has come up in Illinois courts more recently is whether or not a parent’s legal marijuana usage can (or should) affect that parent’s child custody rights.

The Legality of Marijuana in Illinois

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