North Aurora parenting time lawyer

Now that the end of fall is nearing, the weeks will start flying by, and the winter holidays will be here before you know it. While this time of the year is for celebrating, it can prove to be a difficult time for many families, especially for children whose parents no longer live together. Every parent wants to spend special days and holidays with their children, but the reality of co-parenting is that there will more than likely be situations in which your children will be with their other parent instead of with you. Parenting time schedules are often different during the holidays, and adjusting them can be difficult. Here are a few common ways parents can split parenting time during the holiday season:

  • Change holidays every other year: One of the most common parenting time agreements is having the children spend holidays every other year with each parent. For example, if the kids spend Thanksgiving with their mother this year, then the next year they would spend that holiday with their father. This ensures that not more than one year passes before a parent can spend a holiday with their child.

  • Split the holiday in half: Another popular parenting time agreement during the holidays is to split the day between both parents. This can be beneficial for parents who both want to spend time with their kids on one day, but it also requires proper planning to ensure each parent actually has adequate time with the children.

  • Schedule two times to celebrate the holidays: If it is impossible for parents to split the day, and they do not want to miss celebrating with their children, scheduling a separate time to celebrate can be a good solution. For parents who both want to celebrate Christmas with their children, one parent can celebrate the holiday on Christmas Eve, while the other parent can celebrate on Christmas Day.

  • Assign holidays to each parent: Some parents may consider certain holidays more important than others. For instance, a parent who celebrates Hanukkah rather than Christmas can always ask to have their children on that day, while the other parent may always have the children on Christmas, no matter what.

Contact a Kane County Family Law Attorney

If you and your former spouse are separated or divorced from each other, it can seem overwhelming to figure out who gets to spend time with your children on certain holidays. While trying to reach an agreement with your ex can be frustrating, having help from a North Aurora, IL parenting time agreement lawyer can be extremely beneficial. At the Law Office of Matthew M. Williams, P.C., we can help you and your ex-spouse agree on a parenting time schedule that works for everyone. Call our office today at 630-409-8184 to schedule a consultation.

Sources:

https://www.custodyxchange.com/examples/holidays/

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

 

Posted in Aurora divorce lawyer, Aurora Family Law Attorney, Batavia divorce lawyer, Child Custody, Children of divorce, Divorce, Divorce and Holidays, Geneva divorce attorney, Illinois family law attorney, Kane County divorce lawyer, Kendall County divorce lawyer, Life After Divorce, North Aurora divorce lawyer, Oswego divorce attorney, Parental Rights, Parenting Time, St. Charles divorce lawyer, Visitation, Yorkville divorce attorney | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment | Edit

Kendall County asset dissipation attorney

The legal concept of “dissipation” refers to wasteful spending that takes place near the end of a couple’s marriage. When Illinois couples divorce, their marital estate is divided according to equitable distribution. When one spouse’s wasteful or reckless spending decreases the value of the marital estate prior to divorce, a dissipation claim can help the other spouse regain the value of the lost or wasted property. Many types of irresponsible spending can be considered dissipative, including a spouse who spends money on an addiction or substance abuse problem. Read on to learn about when a spouse’s addiction can contribute to dissipation and what to do if you wish to file a dissipation claim.

Defining Dissipation in Illinois Law

Illinois statutes and case law define dissipation as the use of marital assets “for the sole benefit of one of the spouses for a purpose unrelated to the marriage” when the marriage is nearing divorce. Put another way, dissipative spending occurs when a spouse who is getting divorced uses marital funds or property in a way that only benefits him or her. The reckless spending must take place when the marriage is undergoing an “irretrievable breakdown” in order to meet the legal definition of dissipation. Generally, a marriage is considered to be undergoing a breakdown when the couple is no longer attempting to work out their issues or salvage the marriage.

Dissipative Spending Can Include Funds Lost to an Addiction

There are many types of irresponsible spending that can constitute dissipation. Money spent by a spouse on gifts for a secret lover may be considered dissipative. Funds spent on a gambling addiction or compulsive shopping problem may also be an example of dissipation. Substance abuse and alcoholism can also fall under this definition. If you bring a claim of dissipation against your spouse, you must file a notice with the court identifying the following information:

  • When the irretrievable breakdown of the marriage began

  • The property which was dissipated

  • The time period during which the dissipation occurred

There are certain filing constraints that you must follow when considering a dissipation claim, so it is important to take action as soon as you realize that dissipation has occurred. A qualified family law attorney can help you determine what types of spending constitutes dissipation and how to file a dissipation claim during your Illinois divorce.

Contact an Aurora Dissipation Lawyer

A divorce is never easy, but it is important to understand your rights to marital property. In some cases, addiction can cause one partner to spend a significant amount of the couple’s savings on alcohol or drugs. If your spouse dissipated assets during your marriage, we may be able to help you recover the lost funds. Contact an experienced DuPage County family law attorney from the Law Office of Matthew M. Williams, P.C. to learn more. Call us today at 630-409-8184 to schedule a confidential consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm

https://public.fastcase.com/ppbqSQpNDaJE%2F8PlIk0b8Nsk8Y3wJm7haqmAUALYjgU%3D

Posted in Aurora divorce attorney, Batavia divorce lawyer, Dissipation, Division of Property, Divorce, DuPage County divorce attorney, Geneva divorce lawyer, Illinois Law, Kane County divorce lawyer, Kendall County divorce attorney, North Aurora divorce attorney, Oswego divorce lawyer, St. Charles divorce lawyer, Yorkville divorce attorney | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment | Edit

Geneva grandparent visitation lawyerDivorce can be a troubling time for all families, whether they are a tight-knit family or not. When a family is close to one another, going through a divorce can be even more difficult. If a divorce is especially contentious or heated, relationships between family members can break down, and children can be used as tools to hurt other relatives. Illinois agrees that all parents have an inherent right to spend time with their children; however, this is not the case for grandparents. Thankfully, there are certain non-parents — including grandparents — who do have the right to petition for visitation in certain circumstances.

Who Can File a Petition for Visitation?

Only certain people are permitted to file a petition for visitation in Illinois. According to Illinois law, only grandparents, great-grandparents, step-parents, or siblings can file a petition to be granted visitation time. The petition can only be filed if the parent of the child has unreasonably denied visitation, and if at least one of the following is true:

  • The other parent is deceased or has been declared a missing person for at least 90 days.

  • One of the child’s parents is considered to be legally incompetent.

  • One of the child’s parents has been incarcerated for at least 90 days immediately before filing the petition.

  • The child’s parents are divorced or currently going through a divorce, and at least one parent does not object to the visitation.

  • The child was born to parents who are not married and who do not live together, and the person seeking visitation is a grandparent, great-grandparent, step-parent, or sibling of the child.

How Is a Decision Made About Visitation?

Once a petition is filed, the case will go to court, and a judge will determine whether or not to grant visitation rights. The judge will presume that the parents have a reason for denying visitation and that their decisions regarding visitation do not harm the child and are what is best. It is up to the petitioner to prove that denying visitation would cause the child undue mental, physical, or emotional harm. The judge will also use certain factors to make a decision, including:

  • The child’s wishes, taking into account the child’s maturity and ability to express his or her preferences regarding the visitation

  • The emotional and physical health of the person asking for visitation

  • The quality and length of the prior relationship between the child and the petitioner

  • Whether or not it is believed both the petitioner and parent are acting in good faith

  • The amount of visitation time that has been requested and whether or not it would impact the child’s daily life

  • Any evidence that proves the lack of relationship between the child and the petitioner is causing the child harm

  • Whether or not the visitation can be structured in a way that would protect the child from any conflict between the petitioner and the opposing parent

Contact an Oswego, IL Non-Parent Visitation Lawyer

At the Law Office of Matthew M. Williams, P.C., we understand the importance of the role that family members play in the lives of children. It can be devastating for everyone involved if a child is denied visitation with a grandparent or sibling with whom they are close. Our skilled Kendall County grandparent visitation attorneys can help you file a petition to request visitation, and we will follow it through to a positive resolution. Call our office today at 630-409-8184 to schedule a consultation.

Source:

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

Posted in Aurora divorce attorney, Batavia divorce lawyer, Children of divorce, Divorce, DuPage County divorce attorney, Geneva divorce lawyer, Illinois Law, Kane County divorce lawyer, Kendall County divorce attorney, North Aurora divorce lawyer, Oswego divorce attorney, St. Charles divorce lawyer, Visitation, Yorkville divorce attorney | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment | Edit

Yorkville prenup lawyer business ownershipMost people have some sort of understanding as to what a prenuptial agreement is. Countless movies and television shows have depicted prenuptial agreements as documents that a wealthy person insists on being signed before the wedding to protect him or herself from a potential “gold-digging” spouse. While that is one reason to get a prenup, there has been a rise in prenuptial agreements in recent years for other reasons, especially among millennials. Prenuptial agreements can be extremely helpful in many ways, including creating protections for your business in the event you get a divorce.

Is Your Business Considered Marital Property?

In Illinois, only marital property is subject to division in the event of a divorce. Marital property includes anything that was acquired after you were married but before a divorce is settled or legal separation is declared. That being said, if you had a business before you were married, the ownership of the business will typically stay with you. This does not mean all is safe, however. If your spouse played any role in the business while you were married, he or she could be entitled to a portion of the growth in the value of the business.

How Can a Prenuptial Agreement Benefit You?

If you own any sort of company at the time you get married, have a business in the works, or plan to start a business in the future, you should seriously consider getting a prenuptial agreement. If you currently have your own company, a prenuptial agreement can specify how you will value the business in the future if you get a divorce, preventing a third-party valuation process down the road. It can also allow you to specify a certain percentage that your spouse will receive if you do get a divorce. This can prevent your spouse from getting too much of the value of your business if you decide to split up.

Even if you do not currently own a business, but you think you might have a business in the future, prenuptial agreements can be extremely beneficial. You can draft a prenuptial agreement to state whether or not your spouse has any right to a stake in your future business, or if your spouse has any right to the value of your business that currently is not profitable or bringing in much money.

Contact a Kendall County Family Law Attorney

As a legally binding document, prenuptial agreements have to be drafted in a specific way, and they must contain straightforward and unambiguous language. At the Law Office of Matthew M. Williams, P.C., we can help you draft a prenup upon which you and your partner can both agree. Our skilled Yorkville, IL prenuptial agreement lawyer can help you create a rock-solid agreement that will hold up in court. Call our office today at 630-409-8184 to schedule a consultation.

Sources:

https://www.forbes.com/sites/frawleypollock/2019/07/20/how-a-prenuptial-agreement-can-help-protect-your-business-interests/#12ad3a444f94

https://www.marketwatch.com/story/frozen-eggs-student-loans-and-other-unexpected-reasons-to-get-a-prenup-2018-11-01

https://www.businessinsider.com/why-sign-a-prenup-marriage-divorce-2018-9

 

Posted in Aurora divorce lawyer, Division of Property, Divorce, Family Law, Illinois family law attorney, Prenuptial Agreement, St. Charles divorce lawyer, Yorkville divorce lawyer | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment | Edit