Facebook Twitter Our Blog
Search
Anderson and Associates, P.C.

Free Initial Consultation

630-653-9400

Subscribe to this list via RSS Blog posts tagged in Wheaton family law attorneys

Wheaton family law attorneysThe holidays are upon us, which often means special family traditions. After a divorce, however, parents have to share time with their children. This often means also splitting time with extended family members or out-of-town relatives. Maintaining certain traditions or activities can become complicated. For kids who are shuttling between two houses, it is important for both parents to think about their children’s feelings and best interests. They must be willing to compromise when circumstances warrant a change to the routine. In Illinois, a parenting plan can outline a schedule for time with kids during the school year as well as summer or holiday breaks.  

Check Your Parenting Plan

A parenting plan is a legally binding document indicating parental responsibilities (child custody), such as decision-making for a child and the parenting time (visitation) that each parent will have with the child. Most parenting plans will include provisions that address where the child will spend their holidays.

Your parenting plan could specify that your children will alternate years with each parent on major holidays. For example, your plan might indicate that your children will spend Thanksgiving with you and Christmas with the other parent this year, but next year, they will be the other parent for Thanksgiving and with you for Christmas. 

...

DuPage County divorce attorneysMaking the decision to legally terminate a marriage is a big step. For some people, it might be daunting to think of being single again, especially if they have been married for a long time. There are options that a couple can take if they are not ready to split up permanently. A trial separation is an informal agreement between two spouses that they will live apart for a period of time. Unlike a legal separation, a trial separation is not a legally binding contract, but in both situations, the pair is technically still married in the eyes of the law. In some instances, the married couple may choose to seek counseling to work out their problems during the separation. They may even reconcile and move back in with each other. However, some couples may decide to get a divorce after they are separated. 

Factors to Consider During a Separation

A trial separation begins as soon as one of the spouses moves out of the marital home. This means he or she will have to find a new place to live, whether it be temporary or long term. A couple can decide on the terms of their agreement, which can be flexible since it is not an official legal arrangement. This allows both partners to explore options regarding child-related and marital issues in the event of a divorce later on. 

Some of the important factors to consider in the short and long term following a separation include the following:

...

Wheaton family law attorneysThese days, it is not uncommon for couples to live together without getting married. Depending on the circumstances, they may not be ready for the long-term legal commitment of marriage. Some romantic partners may also want to “test the waters” to see how they get along under the same roof before legalizing their union. However, there are legal steps a couple can take to protect their rights in case they break up. Similar to a prenuptial agreement, a cohabitation agreement is a contract that can outline how specific issues will be handled similar to when a married couple gets a divorce.   

Who Needs a Cohabitation Agreement? 

“Common law” marriages are not legally recognized in the state of Illinois. This means that an unmarried couple is not entitled to the same rights as their married counterparts. When these couples buy property, vehicles, and furniture together, it can become a complex task to divide these assets in the event of a breakup. 

Although it would be nice, no one knows what the future holds. A couple may live together blissfully for many years, but then find they have grown apart or one act of infidelity causes one partner to leave. Those who might  benefit from drafting a prenuptial agreement as a way of protecting themselves and their interests or investments include but are not limited to:  

...

Wheaton divorce attorneysIf you are a parent and are considering ending your marriage, you probably have many concerns about how the divorce will affect your children. The good news is that children with divorced parents can lead just as contented a life as those whose parents are together. In fact, some studies show that children are better off with divorced parents than with parents who are miserable being married. One of the hardest parts of getting a divorce as a parent is telling the children the news. There is no perfect way to tell children that their parents will no longer be living together, but experts do have a few tips to help make the conversation less upsetting for everyone involved.

Try to Tell the Children Together With Your Spouse

While this is not always possible, many child psychology experts say that telling the children about divorce as a couple is the best way to break the news. Sitting with your spouse when you tell the children about the divorce provides a united front. The children are less likely to think that they need to choose sides or put the blame on one of the parents. If you have multiple children, it may be a good idea to tell all of them at once. When parents tell some of the children before the others, it can force them to keep a secret which they are too young to handle.

Make the Conversations Age-Appropriate

After the initial conversation breaking the news of divorce, you will probably need to answer additional questions and address concerns later on. This is the time where you can make conversations more personalized. Younger children will want to be reassured that their parents will still love and care for them, while older children may have more specific questions.

...

Wheaton family law attorneyUnder Illinois divorce law, visitation is now referred to as “parenting time.” Virtual visitation is a non-custodial parent’s right to interact with his or her child using a form of electronic technology. Also known as “e-visitation,” this form of communication typically means using a webcam or real-time video such as “FaceTime” for visitation. This is especially useful if a parent and child live in separate states.

Virtual visitation can also encompass the use of additional electronic devices, such as a computer or tablet for e-mailing, sending text or instant messages, etc. This is starting to be regarded as an appropriate form of visitation. It is important to note that it is designed to supplement instead of replace physical custody of the child. 

Advantages to Virtual Parenting Time

In Illinois divorces, parental responsibility is now allocated between each parent, and a reasonable parenting time schedule is determined by the court. The ultimate goal is to allow both parents to be involved in their child’s life as much as possible. 

...

Wheaton cohabitation agreement attorneysMany people might be apprehensive about getting married if their parents were divorced while others simply might not care about signing a marriage license. Therefore, many of today’s couples choose to live together or “cohabitate” without entering into a legal union. In 2016, the Illinois Supreme Court ruled that unmarried couples do not have any legal rights to each other’s property if they separate. The end of a long-term relationship can be contentious, regardless if the couple had children together or not. Deciding who gets what when they split can be complicated, especially if the couple acquired a significant amount of property or assets during the relationship. This is why some couples consider drafting a cohabitation agreement.

What Does the Agreement Protect?

A cohabitation agreement can be drafted before or after two people decide to live together. This type of document typically addresses such issues as:

  • Each party’s contribution to household expenses;
  • Division of property in the case of a breakup;
  • Payment of mutual debts;
  • Health insurance coverage; and
  • Parental responsibilities if children are involved.

A cohabitation agreement is similar to a prenuptial agreement in some ways. It is basically a contract between two consenting adults that addresses how to commingle their finances and distribute their assets if the relationship ends. This can prevent conflict in the future, especially if they cannot agree on how to divide the property or debt fairly. Property can include a house, furniture, artwork, vehicles, and more. It is important to know that a cohabitation agreement cannot order child support or parenting time. Those issues must be determined by a court.

...

Wheaton family law attorney

Couples who are experiencing problems may choose to separate for a period of time to see if that improves their relationship. Sometimes, living apart is a better option than divorcing. In Illinois, spouses may choose to create a legal separation agreement approved by the court, allowing them to live independently of each other in both physical and financial terms. However, this legal process does not end the marriage. A legal separation can sometimes be a simpler and less costly process than a divorce, as long as a couple agrees on the terms.

Reasons for Separating

A couple who has been married for a long time may be unsure about getting a divorce, and they may decide to do a “trial separation,” which often means living apart for a certain amount of time. This trial period can lead to a legal separation if both parties are not ready for a more permanent decision such as divorce.

...

Glen Ellyn family law attorney grandparents' rightsDivorces are often difficult, and they can become even tougher when children are involved. Many times, for whatever reason, a parent can deny their child the right to visitation with a grandparent or other family member. Often, a child’s relationship with their grandparents, step-parents, or siblings is pertinent to their well-being. According to the state of Illinois, as long as visitation is in the best interest of the child, grandparents, siblings, and other non-parents have the right to seek visitation.

Who Can File a Petition for Visitation?

There are many instances in which a person might want to establish legal visitation with a child. In the state of Illinois, people who can file for visitation with a child are:

...

Wheaton prenuptial agreement lawyerWhen a couple decides to get married, they will be uniting their lives and forming a legal partnership. Unfortunately, as statistics show, nearly half of marriages end in divorce in the United States. There are a variety of reasons for this, but since the possibility of divorce exists, couples can take steps to protect themselves by educating themselves about the law and planning for both a successful marriage and a potential divorce. Before getting married, they should be sure to address the following issues:

  1. Finances - How will income and expenses be shared after getting married? Does either spouse have significant debt? Will the spouses share bank accounts and credit cards? It is important for both spouses to be on the same page about their budget, their spending habits, and their financial goals, ensuring that they do not encounter any surprises after getting married.
  1. Property ownership - Does either spouse own valuable property or have significant financial assets? Will the couple be living in a home previously owned by one spouse? Does either spouse have ownership interests in a business? Spouses should be clear about what they own, how ownership of property will be handled going forward, and what will happen to this property if their relationship ever ends.
  1. Estate planning - After getting married, will the spouses’ wills need to be updated? Do they plan to give each other power of attorney? Do they have methods in place to protect their assets near the end of their life? Does either spouse need to put provisions in place to provide for children from a previous relationship? Couples should make sure they have addressed these issues and understand each other’s wishes regarding their estate.
  1. Prenuptial agreement - While planning for divorce before getting married may not be very romantic, having an agreement in place for how things can be handled if the relationship ends can alleviate a great deal of stress. Premarital agreements can be especially helpful for spouses who own a business, bring significant assets into a marriage, or want to ensure that their children will have financial resources no matter what happens in the future.

Contact a DuPage County Family Law Attorney

If you have any questions about the legal issues that you should consider before you get married, or if you want to make sure your family will have legal and financial protections in the future, the skilled attorneys of Anderson & Associates, P.C. can help you meet your legal requirements and protect your rights and interests. Contact our Wheaton family law firm at 630-653-9400 to schedule a free consultation.

...

Wheaton family law attorneys, divorced parents, premarital counseling, prenuptial agreement, remarriageIf your marriage has ended in divorce, you have likely gone through some difficulty as you worked to separate your life, your finances, your possessions, and your living arrangements from your ex-spouse. Life goes on, however, and before you know it, you may meet someone new and consider getting married a second time.

But before you jump into a new commitment, you should be aware that second marriages are even more likely to end in divorce. In order to avoid repeating your mistakes (or making some new ones), consider five things before getting remarried:

  1. Take your time - It can be easy to rush into a new relationship after the heartbreak of divorce. However, it is best to make sure you have fully recovered and are viewing your situation with clear eyes. Be sure you are ready to make a commitment to your new partner, and take the time to build a good foundation for your relationship and manage your expectations for your life together.

    ...
Chicago Bar Association DuPage Association of Woman Lawyers Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association
Address
Wheaton Office
630-653-9400
Address
Downers Grove Office
630-653-9400
Address
Schaumburg Office
847-995-9999
Address
Orland Park Office
708-226-9904
Address
Chicago Office
312-345-9999
Back to Top