Free Consultations 630-407-1225

Recent Blog Posts

Can Divorce Provide Options Other Than the Traditional Nuclear Family?

Posted on May 22, 2020 in Divorce
TwitterFacebookLinkedIn

Wheaton child custody lawyer divorce blended familiesAs divorce continues to be a likely outcome for many marriages, families across the state and nation alike face the possibility of a nontraditional homelife situation. In recent years, some people have argued that the nuclear family may be the source of many societal ills, from economic inequality to racial injustice. Because of this, people have started to wonder whether the traditional nuclear family of a mom, a dad, and one or more children is truly quintessential to a child’s positive upbringing. The truth is, there are alternatives to the nuclear family, some of which might be even more beneficial to your family following a divorce.

3 Beneficial Alternatives to the Nuclear Family

As nuclear families become less and less common, it might be worth considering alternatives to that particular family model. Examples of strong options that may be available after a couple has divorced include:

  1. Extended Families—A family does not have to only be a mother, a father, and their children; it can also include grandparents, aunts and uncles, cousins, other extended blood relatives, etc. This type of arrangement can be beneficial for divorced parents, allowing them and their children to remain close to other family members. It may also help resolve income inequality issues by ensuring that parents have access to high-quality childcare from familiar faces like grandparents or aunts and uncles. This could give many children benefits that they might not otherwise have.

    ...

How Common Is it for Mothers to Pay Child Support in Illinois?

Posted on May 20, 2020 in Child Support
TwitterFacebookLinkedIn

DuPage County child support attorneyWhile it might be easy to assume that fathers usually end up being the ones paying child support after divorce, the truth these days is much more complicated than that. Although prior views of fathers being the primary breadwinners and mothers being the primary caregivers in the family dynamic were true for many years, this has become less and less common in this day and age. A look at the latest information proves that the times are certainly changing—as are the trends in child support and spousal support.

Latest Developments in Child and Spousal Support Defy Stereotypes

In 1979, the Supreme Court ruled that all alimony must be viewed as gender-neutral. This opened the door to men not always having to be the ones who are financially responsible for spousal maintenance payments after divorce. Since then, the latest developments in child support and spousal support payments alike have progressed in a way that defies stereotypes. For example:

  • The latest trends suggest that more and more women are paying some sort of support to men after divorce. Whether it is child support or spousal maintenance—or both—there has been an uptick in women paying money to their ex-husbands, as reported by many divorce attorneys over the last few years. This is representative of an overall shift in the economy, as not only are both men and women working full time despite being married and having kids, but in some cases, women are even becoming the primary breadwinners. In fact, Pew Research has found that mothers are the primary income earners in four out of 10 families in the United States.
  • As more women pay child support or spousal maintenance, more data is coming in to suggest that men are more likely to fulfill their financial obligations after divorces than women. Within the last decade, some data suggests that while about a quarter of all men failed to make their child support payments, close to 10% more women failed to make those same payments. In other words, the common stereotype of “deadbeat dads” is not always the case.

    ...

When Should I Consider Legal Separation Instead of Divorce?

Posted on May 14, 2020 in Divorce
TwitterFacebookLinkedIn

Wheaton family law attorney for legal separationIf you and your spouse are having relationship problems, but you are not ready to deal with the challenges and finality that come with a divorce, you might want to consider getting a legal separation. A legal separation can enable you to do many of the same things you can do through divorce, such as determining parental responsibilities, parenting time, temporary spousal support, and child support. However, you will remain legally married to your spouse, and this can provide a number of advantages.

6 Reasons to Get Separated Instead of Divorced

While divorce might seem like the most obvious option for a failing marriage, you may not wish to legally dissolve your marriage. You might choose to pursue a legal separation for one or more of the following reasons:

  1. Financial Concerns—There are many financial benefits to getting a legal separation from your spouse, including:

    ...

Can Children Know What Is in Their Best Interests in a Divorce Case?

Posted on May 12, 2020 in Uncategorized
TwitterFacebookLinkedIn

Throughout the divorce process, if you have children, you and your co-parent will need to devise a parenting plan that clearly defines the allocation of parental responsibilities, parenting time schedules, and other child-related issues. In the state of Illinois, the standard used to determine many of these concerns is referred to as “the best interests of the child.” When decisions are made regarding custody of children of divorcing or separating parents, their best interests have the greatest bearing on the end result. While Illinois has a strict set of guidelines elaborating on those “best interests,” these issues may be open to interpretation, especially since the circumstances surrounding each child custody case are unique. In some cases, determining how much of a say children should have regarding what is in their best interests can be difficult.

3 Ways to Accept Your Children’s Opinion of Their “Best Interests”

Although “the best interests of the child” are critical, parents may not take children’s desires into account when addressing these matters. Here are some ways to make sure you, your co-parent, your attorney, and the court maintain a clear understanding of your children’s best interests and how their wishes may affect your case:

  1. Reject the idea that young children have no understanding of what is good for them. Many social scientists and other experts believe that the so-called “age of reason” for children is seven years old. By that age, they are able to make decisions and judgments based on their own ideas, observations, opinions, and insights. With this in mind, if your children are around that age or older, but they tend to shy away from the spotlight, consider enlisting the assistance of social workers or other similar professionals who can observe the child and interview them to understand exactly how they feel about everything, including the impending divorce itself.

    ...

How Do I Know if My Spouse Has Dissipated Marital Assets?

Posted on May 05, 2020 in Divorce
TwitterFacebookLinkedIn

Wheaton property division lawyer for asset dissipationAccording to Illinois law, dissipation of marital assets is defined as the use of marital property or assets to solely benefit one spouse for a purpose unrelated to the marriage when the marriage is in the midst of an irreconcilable breakdown. As a marriage undergoes difficult times—and as divorce becomes more and more likely—one or both of the spouses might begin deviating from their usual spending patterns. They might spend marital funds irresponsibly, neglect to pay bills, or enter into major financial agreements, among other things, all without the other spouse’s consent. This could affect the fair and equitable division of marital property during the couple’s divorce.

Common Examples of Marital Asset Dissipation

In order to safeguard yourself against possible marital asset dissipation, it is important to know all the different ways your spouse might be dissipating assets so that you can more readily spot them when you suspect impropriety. There are many ways a spouse could improperly dissipate marital assets, including:

  • Gambling

    ...
Back to Top