The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

Initial Consultations via ZOOM Available

Subscribe to this list via RSS Blog posts tagged in Batavia divorce attorney

Yorkville parenting plan attorney

Even when a divorce is friendly and parents are amicable with one another, co-parenting is not easy work. Co-parenting takes a lot of effort, communication, and a willingness to work together to be successful. In an ideal situation, both parents would be willing to put their own feelings and hurt aside to come together as a parental unit for their children. Unfortunately, this does not always happen. Sometimes, a parent can get so caught up in their own emotions and personal vendettas that they lose sight of what is best for their children. The following advice can help you and your ex-spouse work together for the sake of your kids.

Making Co-Parenting Easier

Cooperative co-parenting is what every parent aims for after divorce from their children’s other parent. While it may seem difficult, effective co-parenting is not impossible. It simply takes a little bit of time and effort to make it work. If you are at odds with how to cope with an uncooperative co-parent, here are a few tips that can make things a little easier:

...

DuPage County child support attorney

Both parents have an obligation to financially support their children, even if one parent is considered “custodial” while the other parent is “non-custodial.” Because of this, child support exists in the majority of cases that involve parents who are divorced, legally separated, or who were never married in the first place. Child support is intended to be used to help pay for the child’s necessities, such as food, clothing, and shelter. If a parent is subject to a child support order, he or she is legally obligated to make the stated monthly child support payments; otherwise, serious consequences could result. When a parent does not abide by child support orders, it can put a financial strain on the custodial parent, but fortunately, there are steps you can take for enforcement if your child’s other parent has failed to make child support payments.

Defining Failure of Support

If a parent is having a bad month financially, and child support payments are late or delayed, typically no action will need to be taken, as long as the paying parent is able to pay the amount due within a reasonable time period. However, if non-payment has become a pattern, and the parent has not made multiple payments, legal action may need to be taken. A parent is considered to have committed failure to support if he or she does any of the following:

...

DuPage County parenting plan lawyerChange can be hard for anyone, but it can be especially difficult for children. When it comes to divorce, children will typically experience a lot of change in a short period of time. Their living arrangements will change dramatically, they will not be spending as much time with either parent anymore, and in some situations, they may even have to adapt to new routines. All of this change can be hard on children, because they depend on stability and routine so much. This is a known fact, which is why the state of Illinois requires every divorcing couple who has children to create a parenting plan before they can finalize their divorce.

What Is a Parenting Plan?

A parenting plan is a legal agreement that contains information about how two parents will take care of their children once they are separated. In Illinois, a parenting plan will contain information about how parenting time is divided, along with how parental responsibilities are allocated. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) contains the basic elements that all parenting plans must include in order to be approved.

Elements of a Parenting Plan

The courts encourage spouses to come to an agreement on the parenting plan. Most of the time, if couples agree on the parenting plan, they are more likely to be satisfied with the contents of the plan and actually follow the agreement. If they cannot agree, they must submit their own parenting plans to the court, and a judge will make the final determinations about the parenting plan. At a minimum, every parenting plan should contain the following:

...

DuPage County collaborative divorce lawyerMaking the decision to get a divorce is never easy. For many people, it takes months or even years to come to the conclusion that a divorce is their best option. Once a couple has accepted the idea of ending their union, they do not want to regress by going through a contentious and drawn-out divorce. For some couples, a collaborative divorce is a solution that works best for them. A collaborative divorce is a dispute resolution process that takes place in conference rooms or lawyers’ offices, rather than in the courtroom. The collaborative divorce process offers many benefits that the traditional divorce process cannot offer, including:

Less Hostility

One of the benefits that a collaborative divorce offers is the possibility of a more civil, less hostile divorce process. In a litigated divorce, you and your spouse are likely to have much more contention and may not be able to come to an agreement on issues. This does not mean that you and your spouse will not disagree with one another or that the negotiations will be simple in the collaborative process. However, you and your spouse are working together to create solutions that will benefit everyone in a collaborative divorce.

Better Support System

In a traditional litigated divorce, the only people involved in the divorce process are typically you, your spouse, and each of your attorneys. In a collaborative divorce, you may have a more rounded and complete team of professionals who are there to guide you and your spouse through the proceedings. In addition to your attorneys and based on the needs of your family, you can also have assistance from specialists like a forensic accountant, a property appraiser, an estate planning individual, a divorce coach, a family wellness counselor, or a child psychologist.

...

Aurora property division lawyerAs much as it is an emotional process, a divorce is also a legal process that is meant to separate you and your spouse from having anything lawfully in common. Like any legal proceeding, this can take time to complete, especially when it comes to the division of your assets. This is typically a point of contention between spouses when getting a divorce. When you are married, you and your spouse may have accumulated a lot of property together, but asset division deals with much more than just physical property. You must also divide things such as retirement funds, bank accounts, life insurance, and even any debts you and your spouse owe. The state of Illinois has a specific process for doing this, and it is important that you understand how your assets will be divided in the event a judge must intervene.

Distinguishing Between Marital and Non-Marital Property

In Illinois, only marital property and marital debt are subject to division. Marital property is any property, assets, or debts that were obtained during the marriage, except for the following:

  • Property given as a gift or that was inherited

    ...

DuPage County high-asset divorce attorneyAll divorces have the potential to be complex, but when a couple has a high net worth, the proceedings tend to be even more complicated than normal. For couples who have an abundance of property or assets that are worth a lot of money, the divorce process will involve more decisions. Issues such as property division, spousal maintenance, and child support may be handled differently. People who have a high net worth can greatly benefit from a skilled divorce attorney who has experience dealing with high-value assets to help them figure out the best options for their situation. If you are involved in a high-net-worth divorce, here are a few things you should keep in mind:

  1. High-Net-Worth Divorces Are Often More Contentious

When it comes to divorces that deal with high-value assets, it is much more likely for couples to be combative, especially when dealing with property division. When spouses have many assets, especially assets that are expensive, it can be even more difficult to figure out who gets what. It may be necessary to hire an appraiser to determine the value of any large assets or property such as real estate, businesses, vehicles, boats, jewelry, artwork, or other expensive items.

  1. High-Value Divorces Are More Likely to Be Long and Expensive

When divorces are contested, or there are a lot of issues to settle, it is likely that the proceedings will be long and drawn out, which can get expensive quickly. Although nobody wants a lengthy divorce, couples in high-asset divorces may also be better equipped with the funds to pay for divorces that require a lot of negotiating and help from lawyers.

...

There is a big difference between winning a case and enforcing a court order. This is especially true in contested divorces, which lend themselves to emotional disputes.

RigsWhat remedies are available, if any, to a person who wants to ensure compliance with a court order? For example, assume that as a part of a divorce proceeding, the parties decide that the marital home will go to the husband, who either has to refinance the home within a year or two, or has to sell the home so the wife, who is relinquishing her right to the marital residence, is no longer responsible for the mortgage.

However, if the husband is unable to refinance (which is often the case), he is supposed to sell the house and pay off the mortgage. Other than the court order, however, the husband may not be in a hurry to sell the home and may purposely price it too high. This way, the husband may claim that he is still trying to sell the home, while continuing to live in it.

...
The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Facebook Twitter LinkedIn
Back to Top