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Recent Blog Posts

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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Dividing Financial Accounts in an Illinois Divorce

 Posted on August 31,2021 in Divorce

Geneva Divorce LawyersThe division of assets can be one of the hardest parts of the divorce process, both because of the financial implications and the personal attachments that each spouse may have to the property. Your home may be the first thing that comes to mind when you think about dividing property in a divorce, but you will also need to determine how to handle a variety of different financial accounts including bank accounts, investment portfolios, and retirement accounts. Each of these has its own unique considerations when it comes to dividing them while protecting your interests.

Which Accounts Are Considered Marital Property?

In Illinois, assets are considered to be marital property based on when they were acquired. If you opened or made contributions to a financial account during your marriage, that account is most likely a marital asset and subject to division in your divorce. Importantly, an account does not have to be jointly held in both spouses’ names in order to be a marital asset. However, if you have an account that was funded entirely before your marriage, or funded entirely with non-marital assets like an inheritance, the account may belong entirely to you.

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How Does a Parent’s Relocation Affect Child Custody in Illinois?

 Posted on August 12,2021 in Family Law

Geneva Child Custody LawyerWhen parents get divorced in Illinois, one of the most important considerations is how to address child custody through the allocation of parental responsibilities and parenting time. These decisions should be made in the children’s best interests, and this typically means that it is important to maintain stability in the children’s living arrangements as much as possible. However, it is not uncommon for a parent to move to a new location in the years following a divorce. If you or your children’s other parent intends to relocate, it is important to understand what this could mean for your parenting plan.

Parental Relocation Requires Approval

In Illinois, if a parent who has equal or majority parenting time wants to move with their child, they will need to determine whether that move requires approval from the other parent or the court system. The need for approval is based on the location of the child’s current primary residence and the distance of the relocation. If the child currently resides in Cook County, Kane County, DuPage County, Will County, Lake County, or McHenry County, approval is required for a move of more than 25 miles within Illinois. If the child resides in any other Illinois county, approval is required for a move of more than 50 miles within Illinois. Additionally, any out-of-state relocation of at least 25 miles from the child’s current Illinois residence requires approval.

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How to Address Ownership of Your Family’s Home During Your Divorce

 Posted on July 19,2021 in Divorce

Kane County Property Division LawyerFinancial issues are likely to be one of your primary concerns when you get divorced. Decisions about how to divide your marital property will affect the resources available to you after you finalize your divorce. You will also need to be aware of the tax implications of these decisions and the expenses that come with ownership of certain assets. Addressing your marital home can be difficult, since it may be one of your most valuable assets, and both you and your spouse may have emotional attachments to it. By understanding the available options, you can determine the best approach to take as you divide your marital assets.

3 Options for Handling Ownership of Real Estate

If you and your spouse bought your home after you got married, it will be considered a marital asset, even if it was only titled in one spouse’s name. This means that the equity in your home will need to be included in the division of marital property. If either of you owned your home before you got married, it will usually be considered separate property that is not part of the marital estate. However, if the home increased in value during your marriage due to contributions by both spouses (such as using marital funds to pay for home improvements), the spouse who owns the home may be required to reimburse the other spouse for their contributions.

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When Is a Guardian ad Litem Appointed in an Illinois Family Law Case?

 Posted on July 07,2021 in Family Law

Kane County family law attorneyDuring a divorce or child custody case, parents may disagree about multiple different types of issues, including how they will share in making important decisions for their children and when children will live with each parent. While parents may be able to resolve these disagreements by negotiating with each other and their respective attorneys or participating in mediation, there are some cases where parents may reach an impasse and be unable to resolve these matters on their own. When decisions about child custody are left up to a family court judge, a Guardian ad Litem (GAL) may be appointed to help determine how to resolve these issues.

Understanding the Role of a Guardian ad Litem

When a judge is asked to make decisions about child custody, they may not have enough information about the case to be able to determine what arrangements would be in the children’s best interests. To gain the necessary information, the judge may appoint a Guardian ad Litem, who is an attorney that will advocate on behalf of the children rather than either parent. A parent may also request that a GAL be appointed during their case.

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