The Law Office of Christina Martell
Se Habla Espanol Pay Bill Via LawPay

Phone Icon630-717-2772

27475 Ferry Road, Suite 130, Warrenville, IL 60555

Facebook Twitter Linkedin
Subscribe to this list via RSS Blog posts tagged in divorce

Naperville military divorce attorney

Going through a divorce is never an easy task. Emotions are high, marital assets must be divided equally, and financial instability can cause issues. When one or both spouses are members of the military, things can become even more complicated. Fortunately, you have options to protect you, your rights, and your responsibilities. If you or your spouse is an active member of the military and are seeking a divorce, it is important to contact a skilled legal professional to help navigate your case. 

Waiting Period

Members of the military, especially those overseas, are subject to safeguard under the Servicemembers Civil Relief Act (SCRA). The SCRA provides legal and financial protection against all non-criminal judicial proceedings such as legal contracts, health insurance, power of attorney, and divorce. Within a divorce, the SCRA allows any proceedings against an active service member to be paused until they are off duty. Because of this, your divorce proceeding may be delayed.

...

Winfield divorce attorney stay at home parents

Going through a divorce involves much more than signing a few papers. For a stay-at-home parent, divorce includes emotional, legal, and financial preparation. A mother or father who stays at home typically manages the household, takes care of the kids, and completes many different day-to-day tasks. It really is a 24/7 job. As a stay-at-home parent, the end of your marriage can be extremely daunting, since you may be concerned about your ability to support yourself and your children, and you will want to understand how divorce will affect child custody and whether you will need to return to work. Therefore, it is critical to know where to begin when facing this next chapter. A skilled family law attorney can help protect your parental rights, make sure you receive your fair share of your marital property, and address other legal and financial issues that arise during the divorce process.

Tips for Surviving Divorce as a Stay-at-Home Parent

Transitioning to your post-divorce life may seem difficult, but by setting goals and making the proper preparations, you can ensure that your family is prepared for success. Here are a few pointers to follow during the divorce process:

...

West Chicago family law attorney parenting time

Summer vacation is often a time of bliss for your children, but it may be less exciting for you. If you are divorced, you and your ex-spouse must create a parenting plan before finalizing your divorce. This legal document essentially states who will make decisions for your kids and how those determinations will be made. The plan outlines who will be allocated the parental responsibilities (child custody), in addition to parenting time (visitation). In addition, it should include how each parent receives important information about your children (medical or educational records), as well as how they will be transported between households for parenting time. When your children are on summer or holiday breaks, your normal parenting time schedule may be disrupted, but by following the tips below, you can work with your ex-partner to alleviate the stress for everyone.

Top Tips for Modifying the Routine

Summertime often forces you and your ex-spouse to establish a brand-new parenting time schedule, which can make co-parenting problematic. To make things a little less difficult for you and your ex, here are a few steps to achieve a smoother transition:

...

Winfield asset division attorney

Whether it came out of the blue, or whether times in your marriage have been tough for a while, it is frightening to hear your spouse say, “I want a divorce.” Most couples who file for divorce are unprepared, and they are often not even on the same page. If you have children together, that can make the proceedings even more challenging. There are many issues that will need to be addressed, including the allocation of parental responsibilities (child custody) as well as the division of assets and property. You and your spouse may not agree on how these matters should be resolved, which is why it is essential to seek professional legal counsel at the beginning of the divorce process. 

Actions to Take Upon Filing for Divorce

If your marriage is in trouble and headed toward divorce, it can be difficult to think about life without your spouse. However, it is important to take the following precautions to prepare and protect your interests: 

...

West Chicago divorce attorney spousal maintenance

The state of Illinois has established spousal support guidelines for those in the midst of a divorce. Spousal support, also referred to as alimony or maintenance, is a court-ordered payment one spouse must pay to the other for an extended period of time. Spousal support is calculated by taking 33.33 percent of the payor’s net income minus 25 percent of the receiver’s net income. The final calculation, when added to the receiver’s income, cannot surpass 40 percent of the spouses' combined net income. In the event the final calculation is above 40 percent, it will be reduced to meet the required limit. 

When going through a divorce, it is important to consider all of the factors involving spousal support. If you are unsure of your eligibility or fear for your future financial stability, an experienced family law attorney can assist you during the legal proceedings to make sure your rights are protected. 

...

Winfield child custody attorney

A child’s best interest is the key focus of any custody decision in an Illinois divorce. If parents do not agree on child-related issues, Illinois courts will intervene, and they usually favor a shared parenting arrangement. However, if a parent is believed to be a danger to the child, that parent may not be allocated any of the parental responsibilities, or their time with the child may be restricted or supervised. The job of the Illinois Department of Child and Family Services (DCFS) is to protect children. If they see, hear, or believe a child is a victim of child abuse or neglect, a caseworker may open a child custody case to determine if a parent should be involved in his or her child’s life. According to the United States Children’s Bureau, the number of children who received a child protective services investigation or alternative response increased 10 percent from 2013 to 2017. These investigations are intended to protect the child from further harm. 

If You Are Accused of Child Abuse

Whenever an incident is reported, a DCFS caseworker’s job is to investigate the case to find out if it meets the agency’s guidelines for uncovering abuse. Additional steps may include a home visit by the caseworker within 24 hours of the report. During the home visit, he or she will gather and review any evidence and talk with other individuals who are involved in the case. These people can include your child, your child’s doctor, family members, and/or teachers. The caseworker will have 60 days to complete the investigation and come to a final decision. If he or she determines that the report revealed evidence of abuse on your part, further action will result. To ensure that your rights are protected, you should contact an attorney as soon as you learn that you are under investigation by DCFS.

...

Naperville family law attorney guardian ad litem

Not every divorce is amicable, and some are highly contentious. In certain situations, parents may be unable to reach an agreement about the allocation of parental responsibilities and parenting time, and these matters may be left up to a judge to decide. In these cases, a guardian ad litem, also known as a “GAL,” may be appointed by the court. A GAL serves as an attorney who represents the children, ensuring that their best interests will be protected. In a sense, they act as the “eyes and ears” of the courtroom. It is important to understand the legal role a GAL plays and how they may affect your case. 

A Guardian ad Litem’s Duties

Because a GAL’s job is to represent a child’s best interests, they are carefully vetted. To become a GAL, a person must complete extensive education, including training on how to recognize signs of abuse and/or neglect. 

...

DuPage County allocation of parental responsibilities attorneyA divorce can be challenging for all the involved parties, including for a child the couple had together. Many changes will take place once the final decree is issued. Whether you and your spouse and your attorneys plan to resolve the allocation of parental responsibilities (child custody) in or out of divorce court, you will want to make sure you are putting your child’s best interests first. According to the United States Census Bureau, about five out of every six custodial parents were mothers (82.5 percent), and one out of every six were fathers (17.5 percent) in 2014.

When addressing the allocation of parental responsibilities, it is important to weigh these six factors to keep your child’s well-being in mind:

  1. The wishes of your child: In many states, including Illinois, the court will consider the wishes of the child, taking into account the child’s maturity and ability to express reasonable preferences in regard to parenting time.

    ...

Naperville uncontested divorce attorney

The decision to divorce can be difficult for many couples, regardless of whether they were married a few years or a few decades. According to the Illinois Marriage and Dissolution of Marriage Act, a divorce may be granted when “irreconcilable differences have caused the irretrievable breakdown of the marriage” and efforts at reconciliation have failed or future attempts to reconcile would not be in the best interests of the family. Illinois is known as a “no-fault” state, meaning one or both spouses do not need to find an issue within their marriage, such as violence, substance abuse, or adultery, to file for a divorce. An uncontested divorce occurs when both you and your spouse mutually agree to the divorce and are able to reach a settlement on the outstanding issues, such as allocation of parental responsibilities, spousal support, child support, and asset/property division.

Reasons to Choose Uncontested Divorce

An uncontested divorce allows you and your spouse to reach a settlement in a quick and efficient manner compared to a contested divorce, in which various issues may need to be settled in court. The advantages of choosing uncontested divorce include, but are not limited to:

...
Back to Top