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Recent Blog Posts

What if We Change Our Minds About a Divorce?

 Posted on January 21, 2022 in Divorce

IL divorce lawyerIt happens to many Illinois couples - they feel that their marriage has reached an insurmountable hurdle and initiate a divorce, only to later reconcile. Sometimes this happens because one party acted too hastily during a fight. Other times, a couple has slowly drifted apart only to rediscover a spark when they attempt to finally split. Luckily, there are ways that a couple who is thinking about staying married after all can call off their divorce, or even just delay the process while they make a decision. If your divorce has already begun and you are hoping to reconcile, a qualified divorce attorney can help you understand what options you and your spouse may have.

What Is the Reconciliation Calendar?

Putting your divorce on the court’s reconciliation calendar immediately suspends all divorce proceedings for couples who may not want to get divorced after all. Cases on the reconciliation calendar are not dismissed outright, only paused. If you decide that you do in fact want to go through with the divorce after failing to reconcile, you can more or less pick up where you left off.

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Who Can Adopt in Illinois?

 Posted on January 07, 2022 in Family Law

IL family lawyerAdoption can be a beautiful way to grow your family. However, the adoption process can be complicated, and sometimes take years depending on the circumstances. Not everyone is qualified to adopt a child in Illinois. There are certain requirements that the state sets out limiting who will be permitted to become an adoptive parent. These rules are in place to protect the safety of children who are eligible for adoption. The state has a strong interest in making sure that adopted children are placed in safe homes with capable and caring parents. While many adults will have no trouble qualifying, others may have difficulties for any number of reasons. An attorney can offer assistance if you anticipate any trouble.

What Are the Requirements to Adopt in Illinois?

The requirements to adopt a child may vary depending on the circumstances. If the child to be adopted is already related to the prospective adoptive parents, some requirements can be waivable. Many adoption petitions are very much decided on a case-by-case basis. However, typical requirements to become an adoptive parent include:

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4 Factors That Can Make Kane County Divorces More Complex

 Posted on December 23, 2021 in Divorce

Kane County Divorce LawyerMost people going through a divorce want the process completed as quickly and easily as possible. Unfortunately, for many, there will be nothing quick or easy about the process. Certain issues, such as child custody or a demand for spousal maintenance are more likely to be contested than others. In other cases, one spouse’s wrongful conduct, like theft of marital funds, can drag out the proceedings. When you are faced with a complex divorce situation, it is important that you work with a qualified attorney who will advocate for your best interests. 

What Circumstances Can Make Getting a Divorce More Complicated? 

Simplified paths to divorce, like mediation, can be wonderful in some situations. Even some complex divorce issues can be resolved through mediation. However, some problems are likely to lead to litigation or other need for judicial intervention. Your divorce may be more complex than most in these circumstances: 

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4 Signs That Divorce Mediation May Work For You

 Posted on December 13, 2021 in Divorce

Kane County Divorce LawyerMore and more couples are turning to divorce mediation to settle the issues surrounding their divorce without litigation. When it is successful, mediation can take a lot of the stress and uncertainty out of a divorce. Instead of leaving things up to the court, you and your soon-to-be ex-spouse reach an agreement with the help of a mediator. Unfortunately, divorce mediation may not work for all spouses. There are situations where litigation will be necessary.

If you are considering resolving your divorce through mediation, you should speak with an experienced divorce attorney. A lawyer may be able to help you decide whether mediation is worth trying. 

What Are Some Good Signs That Divorce Mediation Could Work For Me?

Divorce mediation works for spouses who are both willing to put forth the effort. Reaching an agreement about divorce issues like child custody and division of property can be difficult. Both parties will need to be willing to compromise. Your lawyer may suggest settling your divorce through mediation in these circumstances: 

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Is Open Adoption Right for My Family?

 Posted on November 30, 2021 in Family Law

Kane County Adoption LawyerAdoption can be a beautiful way to expand your family. When you consider adopting a child in Illinois, there are a lot of choices to be made. Will you adopt after starting as a foster parent, or directly pursue adopting a newborn? Will you work with an agency? And now, will the adoption be open or closed? In the past, nearly all adoptions were closed but there is a growing trend towards open adoption. However you choose to go about adopting, it is important to have a lawyer you trust overseeing the process. 

What is Open Adoption?

In a traditional closed adoption, records about the birth parents are sealed and the child has no contact with them, typically at least until adulthood. In an open or semi-open adoption, however, the adopted child will have some form of contact with her birth parents. Open adoptions may be preferred by birth parents who know they are not prepared to raise a child on their own, but do not want to completely lose contact with the child entirely, either. 

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Can a Child Choose Which Parent to Live With in an Illinois Divorce?

 Posted on November 11, 2021 in Divorce

Kane County Divorce LawyerDivorce is that much harder when there are children involved. Deciding who will get parenting time (formerly called physical custody) and when can be a highly emotional process as well as a complicated legal one. Illinois courts always consider the best interests of the child when allocating parenting time and parental responsibilities. In considering the best interests of a child, courts will be interested in hearing what the child wants -- but the child’s wishes are not dispositive. Children, much like adults, may fail to act in their own best interest. This is why the judgment of the court is the ultimate deciding factor. 

If you are going through a divorce or separation from your child’s other parent, you will want a strong legal advocate on your side. The relationship you have with your child is precious and should be protected by an experienced attorney during parenting time proceedings. 

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Who Can Get an Order of Protection in Illinois?

 Posted on October 19, 2021 in Family Law

Kane County Family Law AttorneyA lot of people in Illinois seek divorce because their marriage has become unsafe as a result of domestic violence or abuse. Any family, regardless of social or economic status, can be affected by violence in the home. As your divorce is processing, an Order of Protection can help keep you and your children safe. An order of protection forces the abuser to leave your home and not harm, or in some cases, even contact you. So who can get this order? If you need an order of protection in Illinois to keep you safe while you divorce your abuser, it may be wise to contact a qualified attorney for help. 

What Are the Requirements to Get an Order of Protection? 

There are two main requirements to get an Illinois Order of Protection. First, you must be a “family or household member” of the person you need the order to protect you from. Fortunately, this definition is pretty broad in Illinois. You do not even need to have been married to the abuser. “Family and household members” include: 

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What is a Guardian ad Litem? 

 Posted on October 05, 2021 in Family Law

Kane County Family Law AttorneyA Guardian ad Litem is a specially appointed person whose primary goal is to protect the interests of a minor child who is involved in a court proceeding. Most of the time, a Guardian ad Litem is an attorney with special training who effectively represents minor children in family law proceedings. They are often called upon in contentious divorce cases but are also used in some adoptions or other family law matters. If a Guardian ad Litem has been appointed in your family law case, an attorney may be able to help you understand their role. 

When is a Guardian Ad Litem Appointed? 

A judge will appoint a Guardian ad Litem if a court proceeding involves minor children and the judge feels that the children need a trained adult to solely represent the interests of the children. A court may appoint a Guardian ad Litem in: 

  • Contentious Divorce - Parents going through a divorce in Illinois are always encouraged to reach an agreement when it comes to parenting time and allocation of parental responsibilities, or other important decisions regarding the children’s upbringing. This is not always possible. If there is a dispute, the court may call upon a Guardian ad Litem to help determine what arrangement would be best for the child. 

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The Benefits of Mediation for Resolving an Illinois Divorce

 Posted on September 28, 2021 in Divorce

Geneva Divorce MediatorsIn Illinois, it is fairly rare for a divorce to be resolved entirely through litigation. Courts will typically encourage the parties to negotiate an agreement or settlement regarding as many issues as possible, and in cases involving the allocation of parental responsibilities, the court will usually require the parties to attempt mediation in order to create a parenting agreement. 

However, it is not necessary to wait for the court’s order before attempting mediation. You and your spouse may decide from the start of the divorce process that you want to pursue this alternative dispute resolution method. Mediation works very well for many divorcing couples, and it offers a variety of benefits when it comes to addressing all aspects of your divorce resolution.

How Does Divorce Mediation Work?

If you and your spouse decide to pursue divorce mediation, together you will meet with a trained mediator who is skilled in the practice of helping spouses find common ground and reach mutually agreeable resolutions regarding issues like property division, child custody, and other divorce matters. The mediator acts as a neutral third party who does not represent either spouse or provide legal advice, but rather guides the spouses through productive negotiations as they work toward an agreement on their own terms.

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What Can I Do If the Other Parent Will Not Pay Child Support?

 Posted on September 15, 2021 in Family Law

Kane County Family Law AttorneyIn Illinois, many divorced and single parents rely on child support to provide for their children’s needs. Unfortunately, however, many paying parents fail to fulfill their support obligations, leaving the other parent and the child in a difficult situation. If your child’s other parent is not paying court-ordered child support, it is important to take action to resolve the situation, and an experienced family law attorney can help.

Talk to the Other Parent

In some cases, it is worthwhile to try talking to your child’s other parent before taking legal action against them. If you tend to have a good relationship with the other parent and their failure to pay support seems unusual, you might simply ask them to explain what is going on. Perhaps they are going through a time of financial hardship and they intend to make up the missed payments as soon as possible. In this case, the situation may resolve itself in due time, or you may be able to agree on modifications to the child support order that allow the other parent to make payments within their current means.

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