Posted on December 02, 2021 in Divorce / Family Law

Divorce is hardly ever a pleasant affair. Even amicable divorces can be challenging on a number of levels. However, when a couple is able to settle the issues surrounding their divorce through negotiation or mediation, it can save them time, money, and stress. Unfortunately, this is not always possible. Uncontested divorces require a level of cooperation and reasonableness from both spouses that is not always achievable.

Although divorce litigation can be difficult, there are a handful of reasons it may become necessary. If you anticipate that your divorce will be contested, it is especially important to seek out strong legal representation. You will need a knowledgeable advocate to protect your interests during this conflict.

Why You Might Go Through Divorce Litigation

It can be immensely frustrating when all you want is to resolve your divorce as quickly and easily as possible, but your spouse is making that impossible by behaving unreasonably. When you cannot reach an agreement, it may be necessary to go to court and ask the judge to make decisions instead. Major reasons spouses end up contesting their divorces include: 

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 Posted on November 12, 2021 in Divorce / Family Law

Sometimes known as “alimony,” the issue of spousal maintenance can lead to conflict during a divorce. If you gave up a career or educational opportunities in order to devote yourself to the marriage by raising children or running the household, you may be eligible to request and receive spousal maintenance during a divorce. Divorce law can be complicated, and every divorce comes with stress, and it may be in your best interest to have a family law attorney representing you in your Illinois divorce.

Who Qualifies for Spousal Support? 

The court’s goal in awarding spousal maintenance is to make sure both parties will be able to maintain their standard of living and to avoid a situation where one spouse is suddenly unable to meet their needs. Either spouse can ask the court for spousal maintenance, regardless of gender. In situations where both spouses worked for pay during the marriage and would be able to support themselves alone, the court is unlikely to order spousal maintenance - even if one spouse outearns the other. However, the court may consider each spouse’s respective financial needs when dividing other property.

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 Posted on November 05, 2021 in Estate Planning

If you are considering meeting with an estate planning attorney for the first time, you might have some questions about what to expect during this appointment. During this first appointment, your attorney will ask a lot of questions meant to get to know you and what your goals are. You will go over what types of property you own, who you may want to leave property to, and perhaps some medical decision-making issues. You may not have all the answers when you first arrive at your new attorney’s office, and that is perfectly fine - your attorney is here to guide you.

What Questions Will My Attorney Ask? 

There are a few areas of your life your attorney is going to ask about, usually starting with your property and family. Some of these questions may be uncomfortable to answer, but remember - this meeting is completely confidential. Your attorney cannot tell anyone else what you discuss in this meeting without your permission. It is important that you are completely open and honest. Here are some things your estate planning attorney is likely to ask about: 

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 Posted on December 00, 0000 in Divorce / Family Law

As technology continues to advance, "parenting time" for many Illinois families may no longer describe actual, physical presence. Children may text, video chat, or even game online with parents, making technology an integral part of the parent-child bond. Unfortunately, this new parenting dynamic can also result in conflict between parents. Who controls the child’s phone? Can one parent restrict FaceTime calls?

Is the child allowed to use technology to contact a parent even when it is not technically that parent’s parenting time? What if one parent monitors or blocks communication? Many Illinois family courts are now incorporating "digital parenting plans" into traditional plans to define how parents and children communicate online before these disputes reach a courtroom.

Illinois law (750 ILCS 5/602.7(b)) defines parenting time broadly, including "reasonable communication." Since virtual contact is now a legitimate form of parenting time, parents must have a solid framework to reference in the parenting plan should a dispute arise.  An experienced Kane County, IL family law attorney can ensure your parenting plan fully covers virtual contact and parenting time.

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