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

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DuPage County divorce attorney

When you think of a witness being used in a legal case, you are probably like most people who picture a person who is called to the witness stand in a criminal case, or perhaps a personal injury case. Subpoenas can actually be used in a variety of court cases, including divorce cases, if they are necessary. Many times, contested divorces can make subpoenas necessary to retrieve important financial information. This can play a crucial part in ensuring both spouses receive their fair share of the marital estate. 

Types of Subpoenas in Illinois Divorce Cases

In Illinois divorce cases, there are two types of subpoenas that can be used. The first type of subpoena, called a subpoena ad testificandum, is a request for a person to appear to testify. Often, this type of subpoena is issued if the person in question possesses important knowledge about the case. These types of subpoenas are rare, though not impossible in a divorce case.

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North Aurora divorce attorney

A couple can disagree about many issues during a divorce, but it is no surprise that financial matters are one of them. The decisions that you and your soon-to-be ex-spouse make during your divorce are extremely important because they are decisions that will end up affecting you for quite a long time afterward. When it comes to finances, the decisions that are made could quite possibly affect you for the rest of your life, which is why you want to be sure to protect your assets at all costs. One such way to do this is through the use of a temporary financial restraining order, which can protect your assets from being misused or wasted by your spouse.

What Is a Temporary Financial Restraining Order?

When most people hear the words “restraining order,” they think of an order protecting a person from physical violence. However, a financial restraining order functions along those same lines by protecting your marital assets from being transferred, misused, borrowed against, destroyed, or spent by your spouse during your divorce. Temporary financial restraining orders are a common tool utilized by spouses going through contentious high-asset divorces, but any couple could benefit from the order.

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Oswego military divorce attorney

Being a military spouse is no easy task. Depending on your spouse’s position in the military, he or she may have served time overseas, leaving you to run the household on your own for months at a time. All of the stress and uncertainty that the military life can bring can begin to take a toll on your marriage after a while. The most common question military spouses have when they file for a divorce is, “Will I get to keep my benefits?” These benefits include things such as access to the military base and its facilities, the base commissary and exchange, and eligibility for Tricare, which is healthcare available only to military members and their dependents. If you are a military spouse and you are thinking about getting a divorce, an Illinois divorce attorney will be able to help you figure out what benefits you may be eligible for after a divorce.

Understanding the 20/20/20 Rule

In some cases, if you are divorcing a spouse who was or is in the military, you may be eligible and entitled to certain benefits if you meet the right criteria. Over the years, there have been various rules that have been created to protect the rights of service members while also protecting the rights of their family members. One such rule has been dubbed the “20/20/20 rule.”

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DuPage County divorce attorney child custody

When parents of a child get a divorce in Illinois, they are required to make certain custody decisions for their child. Before they can finalize their divorce, they must come to an agreement on their own or a decision will be made by a judge on issues such as parenting time and allocation of parental responsibilities. In most cases, the choices that are made during this period are long-term, life-altering choices that could come with unfavorable consequences. In some cases, concerns about a parent’s mental health may have been brought forward by the other parent or another individual involved or familiar with the case. In these situations, the parent whose mental health is in question will likely be required to undergo some sort of psychological test or mental health evaluation.

Determining the Need for an Evaluation

Not every child custody case will involve mental health evaluations. In cases in which the parents agree on parenting time and parental responsibilities, there is likely no need for a psychological evaluation. However, all decisions made pertaining to the child are based on the child’s best interests. If anyone has concerns about protecting the child’s physical, moral, emotional, or mental well-being, then they can ask the court to require the parent to submit to a psychological evaluation.

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Yorkville divorce attorney

Getting a divorce can seem like you are on an emotionally fueled rollercoaster. One moment you and your soon-to-be ex-spouse are in an ugly argument and you are full of anger and the next thing you know, you are remembering all of the memories you made together and the family you created and you are filled with a sense of grief. It is normal to feel a wide range of emotions during the divorce process, but maintaining a sense of stability is important when working toward a healthy divorce. It is not impossible to have a minimally contentious and agreeable divorce, but there are steps that you can take to make sure your divorce is as healthy as possible. 

Begin the Process With a Negotiating Mindset

Throughout the divorce process, there will be many decisions that will need to be made. You and your soon-to-be ex-spouse will have to determine who will keep the family home or how you will divide the value of it and other assets, what you will do with your retirement accounts, how you will construct your parenting plan, whether or not you will receive spousal maintenance payments, and the list goes on. You should be prepared to greet each and every one of these decisions with an open mind and a willingness to cooperate.

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Yorkville divorce attorney parenting time

Two of the most contentious topics in marriage and divorce are finances and children. Tensions often run high when it comes to determining things such as allocating parental responsibilities and parenting time. After all, it is only natural for both parents to want to spend as much time with the child as possible, but after a divorce, it is unlikely that either parent will get as much time with the child as he or she wants. The general consensus is that it is in the child’s best interest to have a relationship with both parents, which is why the default decision for the court is to award parenting time to both parents. However, in some cases, there may be factors present that could cause the courts to restrict parenting time or order supervised visitation. 

What Is Supervised Parenting Time?

In most cases, parenting time is restricted because one parent expressed concern about the well-being of his or her child while under the care of the other parent. The court will order supervised parenting time if it finds evidence to prove that spending time alone with the parent would endanger the child’s physical or mental health or impede the child’s emotional well-being. Supervised parenting time means that a third party “supervisor” must be present during all parenting time. This supervisor can be a professional, such as a social worker or a behavioral specialist, or it can be a friend or a family member. Whoever the supervisor is, the court must approve the person chosen in the parenting time order. The order can also include other requirements such as:

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Aurora, IL parental relocation attorneyThere are many reasons why a person may want to move after a divorce. Some may want to be closer to family members, others may move for a new job or simply a fresh start. Whatever the reason, moving can be problematic for a divorced parent who wants to take his or her child with him or her.

In Illinois, moving out of state, moving more than 50 miles away from the current residence within the state, or moving more than 25 miles away if the current residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County is considered relocation, and a parent will be required to obtain permission from the court. If the other parent does not agree to the relocation, a person still may be able to relocate, but the issue will need to be settled within the court system.

Notice of Relocation

Illinois law states that a person wishing to relocate with his or her child must notify the other parent in writing at least 60 days prior to the intended relocation. The notice should inform the other parent of the date of relocation, the new address, and whether or not the relocation is permanent. If the other parent signs the notice, and the notice is filed with the court, then the relocation will be granted, as long as the family court judge believes that the move would be in the child's best interests. If the other parent objects to the relocation or does not sign the notice, or if the parents cannot come to an agreement on a modified parenting plan, the relocating parent must file a petition to relocate.

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DuPage County divorce lawyerSocial media has been one of the defining topics of the 20th century. According to Hootsuite, a social media management platform, there were nearly 3.5 billion people around the world actively using social media at the beginning of 2019. With so many people connected on the Internet through websites like Facebook, Twitter, Instagram, and Snapchat, people are sharing their personal lives with each other more than ever before. While this can be a good thing, it can be detrimental if you are going through a divorce. Sharing parts of your personal life online can create evidence that can be used against you that can affect the outcome of issues such as spousal maintenance, property division, and even child-centered issues such as parenting time and decision-making responsibilities.

Using Social Media Posts in Your Favor

Social media is easy to use, which allows people to post photos and comments without having to think too much about what they are doing. In some situations, these kinds of posts can leave clues for the other spouse about issues such as hidden assets or whether or not the ex-spouse has a true need for spousal maintenance. For example, your ex might be petitioning to receive spousal maintenance due to claims he or she will not be able to enjoy the same standard of living that was enjoyed during the marriage. However, if he or she posts photos of a vacation with friends, you may be able to use those posts as evidence that he or she was not being completely honest about his or her financial situation.

Social Media as Evidence in Court

In the state of Illinois, using information obtained from social media is a legitimate form of evidence. This means that anything you or your spouse post on social media could be used against you in court, as long as the information was not obtained illegally or fraudulently. You cannot open fake social media accounts with the intention of posing as another person to gain information. You also cannot “hack” into your spouse’s account with the intention of gaining information. As a general rule of thumb, if the information you are using was posted publicly and available to users with an account, it is typically admissible as evidence in court.

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RigsPeople may wonder whether there is a difference between a divorce and an annulment. Yes, there is a difference, and that difference may have serious consequences.

In Illinois, a divorce is a legal procedure that results in the termination of the marriage. This means that the judge has determined that there was a valid marriage and that marriage is now over. This also means that the judge will divide the assets that belong to the marital estate equitably between the parties.

Annulments are different. In Illinois, an annulment is known as a declaration of invalidity of the marriage, and it is a legal process that results in a finding that the marriage never existed. The Illinois Marriage and Dissolution of Marriage Act contains specific conditions before a judge will annul a marriage. If successful, a challenge to the marriage may mean that the assets one party earned during the marriage do not belong to the marital estate. Annulments may also affect inheritance rights after one spouse dies.

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

630-409-8184

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

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