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What Is Considered When Awarding Maintenance in an Illinois Divorce?

Posted on January 10, 2020 in Divorce
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Wheaton spousal maintenance lawyerIf you will be getting a divorce and expect to either receive spousal maintenance or provide spousal support to your former partner, you might want to know what a judge will consider when making a decision about who will owe what in terms of long-term maintenance and alimony. In cases where your and your spouse’s lawyers are working together to come to an agreement through collaborative law or mediation, knowing these factors might be even more helpful to you.

Deciding Factors In Spousal Support Determinations

While the following list is not exhaustive, these are the majority of the major factors taken into consideration when determining whether spousal support should be awarded in an Illinois divorce:

  • Income, which can include:

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Name Changes After Divorce: Why, How, and What Is New in Illinois?

Posted on January 07, 2020 in Divorce
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DuPage County divorce and name change attorneyIn the year 2020, it will be much easier to change your name after a divorce. This is due in large part to a new law. There are many reasons why a divorced person might want to change their name, and certain steps must be followed when doing so in Illinois.

Why Change Your Name After a Divorce

There are many reasons you might wish to change your name following your divorce. Here are just a few:

  • Liberation and “Fresh Start”—Being able to change your last name back to your original name or even an entirely different name of your own invention will grant you a sense of liberation. You will feel like you are taking steps forward in your new life without your spouse.

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How Is a Guardian Ad Litem Different from a Child Representative?

Posted on December 31, 2019 in Child Custody
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DuPage County child custody attorney GAL child representativeIn previous blogs, we have discussed the role that guardians ad litem (GAL) play in child custody cases. But GALs are not the type of only objective third party who can work to help judges and determine the best interests of children in Illinois. There are also child representatives and attorneys for children. While all three roles are very similar, there are a few distinct differences between them. It is important to know these distinctions in case a lawyer or judge thinks it is a good idea to appoint one for your child custody case.

The Three Roles and How They Are Different

The three roles of guardian ad litem, child representative, and attorney for children are very similar overall in Illinois law, and the terms are sometimes used interchangeably, even though this is inaccurate. However, each of these roles can serve a different purpose, depending on the case.

  • Guardian Ad Litem—As discussed in prior posts, GALs investigate the children, the parents, the families, any other related parties, and the child’s home life in general in order to develop a comprehensive report that will provide the proper recommendations for a judge with regards to child custody. A GAL will conduct interviews and study the case from the children’s perspective so that they can help make a final determination in the case as a third party.

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What Should I Do if I Suspect Child Abuse When I Share Child Custody?

Posted on December 30, 2019 in Child Custody
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DuPage County parenting plan modification attorneyAs you may know, child custody issues can be an ongoing concern long after a ruling is made in court. From allocating parental responsibilities and enacting a parenting plan to coordinating court-ordered parenting time and providing for your child’s needs, continued custody of your child can be quite a balancing act, particularly in cases where you do not have primary custody. What is more, it is an even greater challenge when the other parent is irresponsible, uncooperative, or—in the worst cases—abusive. But how will you know if that parent is abusing your child? Here are some types of child abuse that can occur, the signs of child abuse to watch out for, and some actions that you can take to ensure the safety of your son or daughter, including modification of child custody orders:

Types of Child Abuse

Child abuse can extend beyond physical abuse in which a child receives burns, bruises, cuts, broken bones, or other impairments as a result of a parent’s actions. It can also come in any of the following forms:

  • Sexual—Any sexual activity with the child, including touching, intercourse, or creating or viewing child pornography

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5 Reasons You May Consider Signing a Postnuptial Agreement

Posted on December 23, 2019 in Divorce
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DuPage County postnup lawyerIn a previous blog post, we discussed some reasons that you may want to sign a prenuptial agreement before getting married. But what if you are already married? In these cases, you may consider a postnuptial agreement. However, you may be unsure of when this type of agreement is appropriate. There are some reasons that you may want to consider discussing this type of agreement with your spouse.

Why Should You Sign a Postnuptial Agreement?

Most everyone has heard of a prenup, and these types of agreements have become increasingly more common. However, as their name implies, prenuptial agreements can only be signed before getting married. For those who are already married, a postnuptial agreement can function in a similar fashion, and it can include decisions about a couple’s marriage and their potential divorce. A postnup can address the division of property and debt and the allocation of investments and retirement funds, and it can modify or eliminate a spouse’s right to receive alimony/spousal support.

There are many reasons to sign a postnuptial agreement, and some of them are actually quite surprising. Here is a look at why you might want to sign a postnup:

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