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Can I Stop My Ex From Moving Away With My Child?

Posted on March 24, 2021 in Child Custody
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DuPage County parental relocation attorneyAs a parent, after you get divorced, it can be difficult to adjust to spending less time with your kids. You will want to do everything you can to prevent the possibility that you will be required to limit your parenting time further, including addressing situations where your ex plans to move to a new location that is farther away from your home. In cases involving parental relocation, you should be sure to understand your rights and how these matters are addressed in court.

Parental Relocation Under Illinois Law

Divorced parents who live in DuPage County and other counties in the greater Chicago area will need to meet certain requirements if they are planning to move to a new home that is at least 25 miles away from their current home. If a parent who has the majority of the parenting time with their child, or who shares equal parenting time with their former partner, will be relocating, they are required to notify the other parent at least 60 days before the date of the planned move, or at the earliest possible date if they make relocation plans within 60 days of moving.

If you have received a notification from your ex-spouse stating that they plan to relocate, you will want to determine whether their move will require a modification of your parenting plan. A greater distance between your homes may make it difficult or impossible for you to follow your regular parenting time schedule, and transportation arrangements may need to be modified. Child custody could also be affected, since you may be unable to visit your child’s school, attend or participate in their activities, or go to their doctor appointments and stay abreast of their medical needs.

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Does a College Education Increase the Odds of Marriage Success?

Posted on March 22, 2021 in Divorce Trends
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DuPage County family lawyerMany people grow up hearing from family members, teachers, and others that they need a college education in order to have a career, earn a good living, and provide for their future. However, according to a recent study, a college education may also mean a better chance of having a successful marriage—especially for women.

Marriage and Divorce Statistics for College-Educated Couples

Approximately half of first-time marriages in the United States last for about 20 years. A study conducted by the National Center for Health Statistics found that women who have a college degree have an 80 percent chance of staying married beyond that 20-year mark. The researchers used data collected through surveys and interviews to predict the probability of marriage success, much in the same way that researchers use data to predict life expectancy statistics. The data included men and women who were between the ages of 15 to 44 during the years 2006 through 2010.

Differences Between Women and Men

The overall percentage of women’s first marriages lasting at least 20 years was 52 percent. For women who had obtained their bachelor’s degrees, that percentage jumped to 78 percent. Women who had attended college but not acquired their degree had a 49 percent chance of their first marriage lasting at least two decades. Women who had a high school education or less had a 40 percent chance of a 20-year marriage.

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Understanding the Divorce Mediation Process in Illinois

Posted on March 16, 2021 in Divorce Mediation
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DuPage County divorce mediation attorneyWhen a couple is pursuing a divorce, two sets of lawyers are often used to address the legal issues that must be resolved. Each lawyer will represent their client’s best interests when negotiating a divorce settlement or resolving issues in court. Divorces can be lengthy and expensive, but if a couple can work together to resolve their outstanding legal issues, the process can be made easier and simpler. In these cases, divorcing spouses may want to consider divorce mediation.

What Is Mediation?

During mediation, a third-party mediator works together with the spouses to resolve legal disputes. In regards to divorce, a mediator can help couples end their marriage on their own terms. Couples will discuss the various aspects of their divorce with the mediator present, working to reach a decision regarding issues such as property divisionparenting considerations, and spousal maintenance. If they are able to reach an agreement, their divorce settlement will be sent to the court for final approval.

The mediator does not make decisions for the couple, but instead acts as a facilitator, guiding the conversation and helping them to understand the issues that must be resolved, and working to reach a mutually acceptable agreement. Here are a few reasons couples may choose mediation over traditional litigation:

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When Does Illinois Law Enforcement Get Involved in Family Law?

Posted on March 15, 2021 in Divorce
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Wheaton IL divorce attorneyBefore a divorce, it is a good idea to review and completely understand the entire divorce process, including the ways in which law enforcement could help to protect you should any rules, guidelines, or orders associated with the divorce decree eventually be violated. If that were the case, here are some ways law enforcement, with the help of your lawyer, can assist you to ensure a smooth divorce transition.

3 Ways the Sheriff’s Office or the Police Might Assist with Family Law

  1. Serving the Petition for Divorce—While it is true that your divorce lawyer will do all the preparation for your divorce petition if you are the one filing the petition, someone must deliver it to the other spouse. This cannot be done by just any person; oftentimes, it must be someone who is court-appointed. In many cases, this can be the sheriff from the DuPage County Sheriff’s Office Civil Division.

  2. Serving a Post-Divorce Modification Petition—Whether the other divorced spouse is not keeping up their end of the bargain with regards to certain elements of the divorce decree or you both have agreed that circumstances have changed, such as your finances or something else, you will need to petition the court with your concerns. Depending on what the judge finds when reviewing your lawyer’s prepared petition, they might direct the sheriff’s office to serve a post-divorce modification petition to the other spouse explaining the situation and the next steps.

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Questions to Ask If You Hope to Keep the Marital Home in Your Divorce

Posted on March 09, 2021 in Marital Property
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DuPage County divorce attorneyDuring the process of divorce, you are likely to experience many changes to your life. With all of the uncertainty that abounds, it is not uncommon for people in the midst of a divorce to try to maintain a level of security and stability by continuing to live in their marital home, even after their divorce is finalized. Staying in the family home, however, is not always quite so simple.

Crucial Considerations Regarding the Family Home

The family home is usually included in the division of marital property, so the question of which spouse, if either, will retain possession of the home will need to be legally resolved. If you are deciding whether you should pursue possession of the home, there are a number of important questions to consider, including:

  • What is the state of the real estate market? If the home market is particularly hot and your home is likely to sell at a substantial profit, your best bet might be to sell and move into a new house—one that better fits your post-divorce situation. If the market is sluggish, you might be better off staying put.

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