DuPage county divorce attorney Tag https://www.kaskolaw.com/warrenville-divorce-lawyer/latest Wed, 25 Jul 2018 15:49:47 +0000 Joomla! - Open Source Content Management en-gb 5 Ways to Emotionally Prepare for Divorce https://www.kaskolaw.com/warrenville-divorce-lawyer/5-ways-to-emotionally-prepare-for-divorce https://www.kaskolaw.com/warrenville-divorce-lawyer/5-ways-to-emotionally-prepare-for-divorce Wheaton divorce lawyerIt is no secret--divorce is not easy. It can be lengthy and costly, and it can drive your emotions through the roof. Even though divorce is stressful by nature, it does not have to mean the end of your emotional well-being. If you are beginning the divorce process, here are five ways to emotionally prepare yourself for divorce and make the most out of the next phase of your life:

1. Seek Social Support

People tend to want to isolate themselves when they go through a divorce because of the emotionally draining nature of the divorce process. However, it is important to seek the support of others during this time and avoid emotionally retreating from your friends and family. Talking with others about your situation and asking for help is a healthy way to cope with your divorce.

2. Begin Emotionally Grieving

A divorce is the end of a marriage, and some may say that it is a type of death. This means that it is only natural for you to grieve. Healthy grieving means accepting that there will be a healing process following your divorce. It is okay to be sad, but it is important for you to realize that even though the healing process is tough, peace will come if you allow it to.

3. Identify Your Priorities

When you get a divorce, one of the more important things to do is to determine your top priorities and remember what you stand for. Figuring out what things are most important to you can give you purpose and help you make decisions during and after the divorce. Keeping your priorities in order and being cooperative with your spouse can also help reduce friction in the divorce and keep a sense of calm with your kids. 

4. Place Your Kids First

As with most times in life, your children should be your first and foremost priority during your divorce process. Many parents worry about hurting their children when they get a divorce, but if you are divorcing because you did not have a happy marriage, a divorce can be the best thing for your children and your family. You should also remember to talk openly with your children about divorce and allow them to express their feelings about the situation, meeting their concerns with empathy.

5. Seek Counsel From a Warrenville Divorce Lawyer

Divorce can be a stressful and emotionally difficult time in your life, but taking the time to prepare yourself emotionally can help you alleviate a considerable amount of emotional turmoil that may come with divorce. If you are thinking about getting a divorce, or if you need help completing the divorce process, the Law Offices of Nancy Kasko, LLC can provide you with the legal help you are looking for. Contact a DuPage County divorce attorney to begin discussing your divorce options. To schedule a free consultation, call 630-836-8540.

Sources:

https://www.psychologytoday.com/us/blog/having-sex-wanting-intimacy/201608/4-expert-tips-emotionally-preparing-divorce

http://www.apa.org/helpcenter/healthy-divorce.aspx


Read more]]>
admin@kaskolaw.com (Super User) Divorce Mon, 04 Jun 2018 14:53:51 +0000
Recognizing the Effects of Stress During Divorce https://www.kaskolaw.com/warrenville-divorce-lawyer/recognizing-the-effects-of-stress-during-divorce https://www.kaskolaw.com/warrenville-divorce-lawyer/recognizing-the-effects-of-stress-during-divorce Winfield divorce lawyerWhen your marriage is falling apart, you are likely to experience a great deal of emotional difficulty as you struggle to decide whether your relationship can be saved or whether it is best to end the marriage and move on. While making the decision to get divorced can bring some measure of relief, the actual process of divorce can be incredibly stressful as you work to separate your life from your ex-spouse and deal with the various legal issues which must be settled. 

As you work to complete your divorce, it is important to pay attention to the effects that stress can have on your health and well-being. Here are some of the common effects that stress can have on both your body and your mind:

  • Anxiety and depression - Uncertainty about the future and worries about finances can cause anxiety to those who are going through divorce. In addition, the major life changes you will experience, such as moving to a new home and adjusting to spending less time with your children, can result in feelings of depression.
  • Insomnia - The stress of divorce, as well as changing schedules, routines, and living situations, often cause people to have difficulty sleeping. Unfortunately, lack of sleep often causes a further increase in stress.
  • Weight gain or loss - Some people deal with stress by eating “comfort foods” that are often unhealthy, which can lead to weight gain. Others may lose their appetite or fail to eat regularly, leading to unhealthy weight loss.
  • Immunity - Stress can lead to a weakened immune system, and those who are going through a divorce may find that they are more susceptible to colds or the flu.
  • Substance abuse - Many people often turn to alcohol, cigarettes, or other drugs to help them deal with the stress of divorce. While this may seem to provide some relief, it often ends up leading to increased levels of depression.

By recognizing these symptoms of stress, you can take steps to address them and create a healthy environment and routine for yourself as you work to build a new life after your divorce. Maintaining a healthy diet and exercising regularly are great ways to address the stress of divorce. You may also want to see a therapist to work on some strategies for coping with the depression or anxiety you may be experiencing.

Contact a Wheaton Divorce Lawyer

At the Law Offices of Nancy Kasko, LLC, we can help you address the legal issues that must be resolved during your divorce, ensuring that you are able to begin your post-divorce life on the right foot. If you want to know more about how we can work with you to reach a positive outcome to your divorce case, contact a West Chicago divorce attorney today at 630-836-8540 to schedule your free initial consultation.

Sources:

https://www.huffingtonpost.com/2013/06/25/divorce-stress_n_3428932.html

https://www.prevention.com/sex/relationships/a20448176/divorce-and-health-effects/


Read more]]>
admin@kaskolaw.com (Super User) Divorce Fri, 30 Mar 2018 17:41:00 +0000
Ensuring a Fair and Equitable Division of Assets During Divorce https://www.kaskolaw.com/warrenville-divorce-lawyer/ensuring-a-fair-and-equitable-division-of-assets-during-divorce https://www.kaskolaw.com/warrenville-divorce-lawyer/ensuring-a-fair-and-equitable-division-of-assets-during-divorce West Chicago division of marital assets lawyerNo couple expects their marriage will end in divorce when they first get married. The beginning of a marriage is a typically a time of peak trust and solidarity, with spouses willingly assuming the roles believed to contribute to a happy and successful union, “Until death do us part.” However, it is important for both spouses to understand their rights, especially when it comes to ownership of the assets they have acquired over the course of their marriage.

Even in a society that is gradually becoming less gendered in matters of economic opportunity, it is still common for one spouse to assume the role of income earner, and the other the role of stay-at-home parent. In such an arrangement, a knowledge gap may come to exist with regard to the marriage’s income, assets, liabilities, investments, and other financial information, with the income-earning spouse handling most financial matters and the stay-at-home parent focused on crucial parenting responsibilities, such as the education, healthcare, nutrition, and transport of the children. 

When the unthinkable happens and the marriage ends divorce, the stay-at-home parent must suddenly close this financial knowledge gap, prepare for life as both a parent and manager of finances, and ensure that he or she receives, in addition to all appropriate child support and spousal maintenance, an equitable portion of the marriage’s assets. When there exists reason to suspect that the income earning spouse is not cooperating in the equitable division required under state law, it is necessary to utilize the legal process of income discovery.

Illinois Law Demands a Fair and Equitable Division of Marital Assets

Under Illinois law, the physical property and financial assets that a divorcing couple owns, as well as the debts that they owe, must be divided in a “fair and equitable” manner. This does not necessarily mean that all assets and debts will be split in half, but that each spouse will retain a fair and just portion of the marital property. This division of assets is separate from child support and spousal support, which a stay-at-home parent will often receive if the marriage was of even an ordinary duration and they have the majority of the parenting time with their children following divorce. 

If the income-earning spouse attempts to deprive the other spouse of an equitable division of assets by using his or her knowledge of the marital finances to hide certain assets, property, or investments, the legal process of discovery may be used to compel the disclosure of all assets subject to equitable division under state law. In these cases, the other spouse’s attorney may use interrogatories, subpoenas, depositions, or other methods to determine the existence and value of all marital assets, ensuring that they are divided correctly.

Divorce Discovery Experience in Illinois 

If you have reason to suspect that your spouse is resisting an equitable division by hiding income or assets, the Law Offices of Nancy Kasko, LLC can advocate for your legal rights and work to obtain information from relevant financial parties. If you want to know more about how we can help you achieve a fair and equitable outcome to your divorce, contact a Wheaton divorce lawyer at 630-836-8540 to schedule a free consultation.

Sources: 

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59


Read more]]>
admin@kaskolaw.com (Super User) Divorce Mon, 19 Mar 2018 14:56:33 +0000
Resolving Issues During a Contested Divorce in Illinois https://www.kaskolaw.com/warrenville-divorce-lawyer/resolving-issues-during-a-contested-divorce-in-illinois https://www.kaskolaw.com/warrenville-divorce-lawyer/resolving-issues-during-a-contested-divorce-in-illinois West Chicago contested divorce attorneyDuring divorce, spouses must address and settle a wide variety of legal issues related to how they will divide the various aspects of their shared lives into two separate households. The agreement or lack thereof with regard to these important issues speaks to whether the divorce is “contested” or “uncontested.” When a divorce is contested, it is important for spouses to understand the steps they must take as they work to reach a resolution. 

Addressing the Issues Which Must Be Resolved During Divorce 

Whether a divorce is contested or uncontested in Illinois, the dissolution of the marriage is a formal process that begins with the filing of a Petition for Dissolution of Marriage and ends with an action by a court of law. A divorce cannot be finalized until all outstanding legal issues are resolved. With regard to a contested divorce in Illinois, the subject matter in contest (in dispute) includes some or all of the following:

  • Allocation of Parental Responsibility (formerly known as Child Custody)
  • Child Support
  • Spousal Support
  • Property Division

With regard to parental responsibility, allegations of capacity or fitness-related deficiencies may be leveled by one party, accusing the other of failing to meet their parental responsibilities or a pattern of unlawful immoral activity (e.g., addiction-related issues). 

As concerns the division of property, disputes may exist regarding what assets and liabilities are considered marital property and thus subject to equitable division under state law. One spouse may attempt to hide income or assets, thereby undermining the fair and equitable division that the law requires, or a spouse may argue that certain assets (e.g., an inheritance) are non-marital property and thus not subject to division. 

Obtaining Temporary Orders While Divorce is Pending

Until disputes have been resolved in a contested divorce, whether formally in court or informally through mediation, life goes on. Children must be cared for, bills must be paid, and property must be safeguarded and maintained. Prior to the entry of a final divorce decree, either spouse may petition the court for temporary relief, and if their requests are granted, a temporary court order will be issued to ensure that short-term parental responsibility, parenting time, child support, spousal maintenance, and property obligations are met. With these important issues addressed, a divorcing spouse can focus on utilizing formal processes to make a detailed and accurate accounting of the pool of income, property, and other assets which will be divided between the spouses and function as a basis for calculating fair and accurate child and spousal support orders.

If you need help resolving the outstanding issues in a contested divorce, the skilled, experienced attorneys at the Law Offices of Nancy Kasko, LLC can protect your rights and advocate for your interests as you work to reach a favorable resolution. Contact our Wheaton divorce lawyers at 630-836-8540 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59


Read more]]>
admin@kaskolaw.com (Super User) Divorce Tue, 16 Jan 2018 18:04:13 +0000
What is the Difference Between Contested and Uncontested Divorce? https://www.kaskolaw.com/warrenville-divorce-lawyer/what-is-the-difference-between-contested-and-uncontested-divorce https://www.kaskolaw.com/warrenville-divorce-lawyer/what-is-the-difference-between-contested-and-uncontested-divorce West Chicago uncontested divorce lawyerWhen a marriage breaks down, and a couple decides to get divorced, they are likely to experience some emotional trauma, and their distress will only be compounded by uncertainty over the cost and procedures of legally dissolving their marital union. Fortunately, some anxiety can be avoided by informing oneself about divorce laws in Illinois. One thing divorcing spouses should be aware of is the difference between contested and uncontested divorce.

Understanding Contested Divorce in Illinois

In Illinois, the only grounds for divorce (that is, the legal requirement for ending a marriage) recognized by state law are “irreconcilable differences.” Rather than demonstrating a reason why the marriage should be dissolved, a person only needs to state in their divorce petition that the relationship has irretrievably broken down. If the couple does not agree that this is the case, irreconcilable differences will be presumed if they have lived “separate and apart” for at least six months.

Rather than describing a disagreement about the reasons for a divorce itself, a contested divorce occurs in Illinois when a couple disagrees about the legal issues that they must resolve as they go about dissolving their partnership. If a divorce is truly uncontested, and the spouses agree on all matters, they may attend a court hearing to finalize their divorce decree and complete the divorce process. However, it is likely that even if spouses are in agreement about most issues, some issues will be contested, and these issues must be resolved before the divorce can be completed.

Allocation of Parental Responsibility and Parenting Time

Decisions about the children of divorcing spouses are one of the most commonly-contested issues in divorce cases. Parents must make decisions about how parental responsibility will be allocated, with Illinois law describing four areas of decision-making responsibility which will be either shared between parents or allocated to one parent. Those areas are: education, medical care, religion, and extracurricular activities.

In addition, divorcing spouses must decide on a schedule for the time their children will spend with each parent. Parenting time schedules should specify a daily schedule for children, as well as how holidays and school vacations (including spring, summer, and winter breaks) will be divided between parents. Parents should also make decisions about when children will be picked up and dropped off and arrangements for transportation. 

Asset Division 

The division of marital property is often one of the key issues to be resolved during a contested divorce. Illinois law requires an equitable distribution of marital assets during the divorce process, meaning that all property (including physical possessions, real estate, retirement funds or pensions, and vehicles) and debts acquired by either spouse after getting married must be fairly and equitably allocated between spouses before the marriage can be dissolved.

Contact a Warrenville Divorce Attorney

Even if spouses agree on most issues, some aspects of their divorce are likely to be contested. While these issues can be resolved in court through litigation, it is often preferable to work toward reaching a divorce settlement through negotiation, mediation, or collaborative law. If you want to know more about how the Law Offices of Nancy Kasko, LLC can help you reach a workable agreement and complete the divorce process as efficiently and cost-effectively as possible, contact a Winfield divorce lawyer. Call our office at 630-836-8540 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59


Read more]]>
admin@kaskolaw.com (Super User) Divorce Tue, 09 Jan 2018 14:06:00 +0000
Equitable Distribution of Marital Property in an Illinois Divorce https://www.kaskolaw.com/warrenville-divorce-lawyer/equitable-distribution-of-marital-property-in-an-illinois-divorce https://www.kaskolaw.com/warrenville-divorce-lawyer/equitable-distribution-of-marital-property-in-an-illinois-divorce DuPage County divorce attorney division of marital propertyDivorce is common, an outcome dissolving between 40 and 60% of marriages in the United States. Importantly, the laws governing divorce are state-specific, meaning that, if you were married in Illinois, live in Illinois, and will divorce in Illinois, it will be Illinois law that applies to the division of marital property. When dividing property during divorce, Illinois law utilizes a principle of “equitable distribution.” 

Equitable distribution demands that all marital property – property acquired by either spouse while married – be divided fairly and equitably. Importantly, however, “fairly and equitably” does not necessarily equate to “equally.” Rather, the courts will attempt to divide property in a fair and just manner.

Marital Property May Include More Than You Realize

Cash, cars, and houses are three items that may spring to mind when contemplating the assets of a marriage. However, marital property often contains a far greater diversity of assets (and, in many cases, liabilities such as credit card debts) than a bank balance, residence, and means of transportation. 

To get an idea of other assets that may be considered marital property, think of the full picture of your employment-related income and benefits for the year 2017. Besides a paycheck, there are often pension benefits. If these benefits are acquired and accrue after the legal formalization of the marriage, they are presumed to be marital property and thus subject to equitable distribution. The same is true of all stock options granted to either spouse following the legal existence of the marital union, irrespective of whether the options have vested or not. If pension benefits and stock options are rightfully marital property, both spouses have the right to a fair and equitable share of them. 

Non-Marital Property is Not Subject to Equitable Distribution

While income earned during the marriage, whether employment-based or from investments of employment income, is subject to equitable distribution, non-marital property is not (unless it has been so commingled with marital property as to become indistinguishable from it). Here, the timeline is key, as non-marital property, broadly speaking, is property acquired by either spouse before the legal existence of the marriage or following its formal dissolution. For example, if you received a family gift or inheritance prior to becoming married, such property will be, absent an agreement to the contrary, classified as non-marital property and as such not subject to equitable distribution. 

If you need help determining how to equitably divide marital property in your divorce, the skilled attorneys at the Law Offices of Nancy Kasko, LLC can help you understand your rights and advocate for your best interests. Contact a Warrenville divorce attorney at 630-836-8540 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000


Read more]]>
admin@kaskolaw.com (Super User) Divorce Tue, 21 Nov 2017 16:11:55 +0000
Understanding the Legal Question of a Parent’s Fitness to Raise a Child https://www.kaskolaw.com/warrenville-divorce-lawyer/understanding-the-legal-question-of-a-parent-s-fitness-to-raise-a-child https://www.kaskolaw.com/warrenville-divorce-lawyer/understanding-the-legal-question-of-a-parent-s-fitness-to-raise-a-child Winfield divorce attorney unfit parentWhen a divorce is contentious and can only be resolved through litigation rather than mediation, allegations concerning a parent’s “fitness” to raise a child can often be a flash point. “You are not fit to raise our child” are words that cut deep and may turn an already hostile process into the most bitter of contests. If you believe that your ex-spouse is unfit to raise your child, know that parental fitness is a legal question. In other words, you cannot unilaterally decide that your ex-spouse is unfit as a parent. Lack of fitness is a multi-factor inquiry that is considered formally and has important legal ramifications.  

Illinois Law Provides Criteria By Which to Establish If a Parent Is Unfit

On the ground in the real world, there are words that speak clearly to a lack of parental fitness: abuse, addiction, incarceration, and psychological instability, to name but a few. These blights on the welfare of a child are the true metrics by which the state of Illinois evaluates whether one or both parents of a child are legally unfit to have parental responsibility for their child. Here, the toughest of questions are asked: 

  • Does the parent have a substance abuse problem?
  • Has the parent physically abused the child?
  • Has the parent sexually abused the child?
  • Has the parent psychologically abused the child?
  • Has the parent been convicted of crimes of abuse? 

Obviously, a pattern of severe abuse will trend sharply towards a finding that an abusive parent is an unfit parent.

Questions of Neglect and Environmental Conditions Demand Evidence

After examining questions of substance abuse and whether the physical, sexual, and psychological safety and well-being of the child is at risk, the next set of criteria concerns whether the child has suffered from a history of neglect. Answers to this question – evidence – may involve a deeper investigation of the child’s environment and the individuals within it. Sadly, symptoms of neglect may not be as visible as physical symptoms of mistreatment, due to their internal, often emotional nature. 

During divorce, it is important to protect children’s best interests. If you believe that your child may be at risk while they are in the care of your ex-spouse, the skilled attorneys at the Law Offices of Nancy Kasko, LLC can help you understand the criteria for establishing parental unfitness and advocate for your children’s safety and well-being throughout the divorce process. Contact an experienced, compassionate West Chicago divorce attorney today at 630-836-8540 to schedule a free, confidential consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59


Read more]]>
admin@kaskolaw.com (Super User) Divorce Fri, 10 Nov 2017 17:54:28 +0000
Holiday Parental Responsibility and Parenting Time After Divorce https://www.kaskolaw.com/warrenville-divorce-lawyer/holiday-parental-responsibility-and-parenting-time-after-divorce https://www.kaskolaw.com/warrenville-divorce-lawyer/holiday-parental-responsibility-and-parenting-time-after-divorce DuPage County divorce lawyer for parenting time and parental responsibilityThanksgiving is only a few weeks away, and many families are currently making plans for the holidays. For recently divorced parents and their children, this season can be a stressful and even contentious time of year. The transition to living in separate households and abiding by custody and visitation arrangements can be difficult when children are used to spending holidays under the same roof. While parents and children need time to adjust to new arrangements, parents can decrease post-divorce stress and anxiety during the holiday season by staying informed about their parental responsibility rights. 

Child Custody vs. Parental Responsibility 

In educating yourself about Illinois child custody, it is important to know that, though the state has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which most states have used to define jurisdictional matters related to child custody, it uses the specific terminology of “allocation of parental responsibility” with regard to laws and processes concerning custody. Here, the thinking is that the new terminology at once resists contentiousness and promotes collaboration in arriving at a custody arrangement that is agreeable to divorced parents and children alike. 

Parental Responsibility and Parenting Time

In Illinois law, parental responsibility concerns the right to direct the upbringing of the child. Parental responsibility is about decision-making, specifically with regard to the areas of health, education, religion, and extracurricular activities. Making decisions about a child’s healthcare, where and how they will be schooled, whether or not they will attend church or participation in religious, and the types of extracurricular activities they will be allowed to engage in are all tremendously important matters – ones that bear heavily on a child’s formative years. In some cases, one parent or guardian may have sole responsibility in any or all of these areas. However, it is also possible for parents to work out an agreement in which they share responsibility for making important decisions. 

During divorce proceedings, parents will create a Parenting Plan that decides how the different areas of parental responsibility will be allocated. This plan will also define Parenting Time by specifying a schedule of when the children will reside or spend time with each parent. This schedule will not only account for regular, day-to-day parenting time, but it should also define a holiday and vacation schedule, ensuring that everyone understands who children will spend time with each year during Thanksgiving, Christmas, and other significant days of the year, including both summer and winter vacations from school.

Contact a DuPage County Divorce Attorney

When creating a parenting plan that will allocate parental responsibility and define parenting time and holiday schedules, an experienced family law attorney can ensure that you have met all your legal requirements, address any of your concerns, and advocate for your best interests. Contact a dedicated Warrenville divorce lawyer today at 630-836-8540 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2497&ChapterID=59&SeqStart=1400000&SeqEnd=2500000

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000


Read more]]>
admin@kaskolaw.com (Super User) Divorce Mon, 06 Nov 2017 19:21:21 +0000
A Prenuptial or Postnuptial Agreement Is Sensible Marital Planning https://www.kaskolaw.com/warrenville-divorce-lawyer/a-prenuptial-or-postnuptial-agreement-is-sensible-marital-planning https://www.kaskolaw.com/warrenville-divorce-lawyer/a-prenuptial-or-postnuptial-agreement-is-sensible-marital-planning Wheaton postnuptial agreement attorneyMost people are familiar with the concept of a “prenuptial agreement.” A legally binding agreement between two prospective spouses, a prenuptial agreement stipulates in advance how the assets and liabilities of the soon-to-be-married couple will be distributed in the event the marriage ends in divorce. Such agreements are relatively common when there is a sizeable age or wealth gap between prospective spouses, or when children from previous unions will be brought together by the new marriage. 

Despite the statistic that between 40 and 50% of U.S. marriages end in divorce, prenuptial agreements remain a rather touchy subject, perhaps because they are perceived as “unromantic” – the possible end of the marriage is the last thing one wants to contemplate prior to uttering the words “til death do us part.” Given the statistics, such a dismissive attitude is problematic. Prenuptial agreements, and their post-union counterpart, postnuptial agreements, are worth giving serious consideration to. With the assistance of an experienced family law attorney, it is possible to craft a pre- or postnuptial agreement without introducing excessive tension into a relationship. Really, it is just sensible planning.

Prenuptial and Postnuptial Agreements Are Legal Contracts

Because prenuptial and postnuptial agreements are contracts much like any other – a meeting of the minds in the form of offer and acceptance, and supplemented with consideration – it is imperative that one rely on an experienced family law attorney to do the drafting of the contract. Moreover, if tension does arise in the process of contemplating and executing a pre- or postnuptial agreement, an attorney certified in mediation will work to bring everyone together towards a mutually agreeable resolution.

A postnuptial agreement was recently at issue in the true-life, top-rated podcast, Dirty John, in which one spouse, a wealthy and successful interior designer, explores a postnuptial agreement designed to ensure that her children (rather than her increasingly not-who-he-seems husband) would benefit from her sizeable estate. The issue of the agreement was ultimately proved moot, but the woman was wise to take the first step: contacting a knowledgeable family law attorney.

Sensible Planning is a Part of Life

Whether you are about to enter a marital union or planning from within an existing union, an attorney who is experienced in drafting pre- and postnuptial agreements will be of great assistance. A professionally drafted agreement compliant with all formalities required by Illinois state law will bring peace of mind as to the future of your estate. Contact a West Chicago family law attorney at 630-836-8540 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59

http://www.latimes.com/projects/la-me-dirty-john/

http://www.uniformlaws.org/Act.aspx?title=Premarital%20and%20Marital%20Agreements%20Act


Read more]]>
admin@kaskolaw.com (Super User) Family law Tue, 31 Oct 2017 16:26:49 +0000
Crafting a Mutually Agreeable Parenting Plan Under Illinois Law https://www.kaskolaw.com/warrenville-divorce-lawyer/crafting-a-mutually-agreeable-parenting-plan-under-illinois-law https://www.kaskolaw.com/warrenville-divorce-lawyer/crafting-a-mutually-agreeable-parenting-plan-under-illinois-law Warrenville divorce parenting agreement attorneyDivorce is a foundation-rupturing event, especially for spouses who have children together. Whole worlds are upended for all involved – parents, children, and even grandparents and friends. Day-to-day life, living arrangements, holiday plans, and so much more are all subject to change in the wake of the dissolution of a marriage. This is especially the case when both spouses move out of what had been the family home or apartment, whether to new residences in the same town or city, or to a new state or even new country. 

When the spouses have children, parental responsibility (formerly known as child custody) must be allocated between the parents. In some cases, one spouse is awarded primary parental responsibilities in the areas of healthcare, education, religion, and extracurricular activities. In most cases, however, parental responsibility is shared between the parents. 

As you are surely already aware if you divorced, separated, or even considering a divorce or separation, working out an agreement for the allocation of parental responsibilities can be a complex matter, and in some instances, it can be an unfortunately contentious process. Here, a court approved parenting plan is a must. With so much already on your plate in terms of adjusting to life changes caused by a divorce, an experienced divorce and family law attorney is a valuable resource who can help craft a parenting plan that is compliant with the requirements of Illinois law.

Obtaining Approval for Parenting Time and Visitation Arrangements

The law that governs parenting agreements in Illinois is the Illinois Marriage and Dissolution of Marriage Act. In Part VI of the Act, the official legal criteria for a Joint Parenting Agreement is made clear. For example, when one parent has been awarded parental responsibilities, the non-custodial parent still retains certain rights to parenting time (formerly known as visitation). These rights are exercised under the implementation of the Joint Parenting Agreement’s parenting time schedule.

A parenting plan will specify a residential schedule for both weekday and weekend parenting time, a schedule for holidays and special occasions, a summer break schedule for when the school year is not in session, and each parent’s allotted vacation time with the child. When an agreement has been reached for a parenting plan, it will be submitted to the court, and once it is approved, it will be entered as part of the final divorce decree.

An Attorney Who Understands Every Detail of the Illinois Marriage and Dissolution of Marriage Act

When you are working to reach an agreement on a parenting plan, you need an experienced attorney who understands every aspect of drafting an effective Joint Parenting Agreement as required under the Illinois Marriage and Dissolution of Marriage Act. The skilled attorneys at [[title]] can help you create an agreement that meets your family’s needs, and we can protect your rights and advocate for your interests in court. Contact a DuPage County divorce lawyer today at 630-836-8540 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59


Read more]]>
admin@kaskolaw.com (Super User) Divorce Thu, 19 Oct 2017 15:57:13 +0000