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

Recent Blog Posts

Mediation, Collaboration, or Litigation: Which is Right For You?

 Posted on November 13,2023 in Divorce

Batavia Divorce Attorney

There are multiple avenues couples can take to reach to dissolve their marriage. Mediation, collaboration, and litigation are all different ways to reach the same end: divorce. The right one for you will depend entirely on your situation. A divorce and family law attorney can help you reach a decision where you feel most comfortable throughout the process.

Mediation

Mediation involves a third party, a “mediator,” who helps the couple negotiate multiple aspects of their impending divorce. The mediator does not have official ruling powers like a judge, but mediation still serves as a great alternative to the court process, which is often expensive and overly complex. However, a judge could order the couple to attend mediation if they feel it would be in their best interests.

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Can Accusations of Child Abuse Affect Child Custody Proceedings?

 Posted on November 06,2023 in Child Custody

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Domestic violence is no laughing matter and is especially egregious when it involves children. Illinois courts pay special attention to domestic violence claims in determining the allocation of parental responsibilities. Domestic violence has a habit of escalating inside the home and, as such, is not particularly healthy for a child’s development and overall well-being. A good attorney can make all the difference in the fight for the safety and prosperity of you and your children during divorce proceedings.

The Allocation of Parental Responsibilities

Both decision-making and parenting time must be decided in court to allocate parental responsibilities. Decision-making refers to the overall responsibility of significant decisions for your child. Parenting time refers to your child’s legal residence and how much time the child will get to spend with either parent.

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5 Common Mistakes To Avoid in an Illinois Divorce

 Posted on October 25,2023 in Divorce

Kendall County divorce lawyerTaking appropriate steps to ensure you are ready for divorce proceedings is a smart approach. There are also several mistakes you should avoid in hopes of keeping the process simpler than it would be otherwise. A skilled divorce attorney can provide much-needed guidance on handling divorce proceedings while avoiding a few common pitfalls.

Hiding Assets

Make sure that you are entirely forthcoming with your assets and their evaluation. Hiding property, accounts, or other assets during a divorce can come to haunt you. Everything will likely be discovered during proceedings, so you can save yourself some hardship by being transparent upfront. The same can be said for the opposing spouse. If you feel they may be hiding assets or are not being entirely truthful with their information, you can hire an investigator to dig up the dirt on your behalf.

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When Does a Divorce Go to Trial?

 Posted on October 20,2023 in Chicago divorce attorney

Kane County divorce lawyerEven in uncontested divorce scenarios, it is common for a couple to still go to court for various reasons. However, this does not make these court visits an official trial. An official trial becomes mandatory when issues regarding the allocation of parenting responsibilitieschild supportspousal maintenance, and property division cannot be settled in an agreement. A lawyer experienced in divorce proceedings, and trials can help you navigate the legal complexities of a divorce and represent you in a trial if necessary.

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What to Know About Grandparent’s Rights in Illinois

 Posted on October 19,2023 in Family Law

Kendall County family lawyerIt may be a hard pill to swallow, but grandparents do not have inherited visitation rights to a child. In fact, if a parent were to deem a grandparent a danger to their child, they could prevent that grandparent from interacting with the child. The rights of grandparents are not governed by federal law. As a grandparent in Illinois, it is always a good idea to fight for your rights to your grandchildren by consulting an experienced family law attorney.

When Do Grandparents Have Visitation Rights?

Grandparents’ rights are limited in Illinois. A grandparent can only be granted legal visitation rights to their grandchildren through court-ordered visitation. A child must reach the age of one year before a grandparent can petition for legal grandparent visitation rights. Before one year old, birth parents can choose to keep grandparents from visiting or interacting with their children.

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Does Spousal Maintenance Ever End?

 Posted on October 16,2023 in Spousal Support

Kane County divorce lawyerSpousal maintenance or support is the official Illinois terminology used for alimony. It is awarded after a divorce so that each spouse continues to maintain the standard of living they were living while married. In most cases, spousal maintenance does end, and the duration is largely based on the length of the marriage.

Maintenance payments are calculated by taking 33 percent of the payer’s net pay and subtracting 25 percent of the recipient’s net income. Consulting a skilled divorce attorney can help you figure out what you might owe or are owed in spousal maintenance.

What Are the Different Types of Illinois Spousal Maintenance?

Illinois recognizes five variations of spousal maintenance that the court can award:

Substance Abuse and Child Custody

 Posted on October 11,2023 in Child Custody

Kendall County child custody lawyerA child’s best interest will always come into play when a judge decides on parental responsibilities. When one or both of a child’s parents engage in recreational substance abuse, the judge can deem them unfit to make decisions on the child’s behalf. The response could see parental responsibilities and parenting time revoked or lost altogether.

Individuals with a substance abuse problem can exhibit unpredictable and erratic behavior. Your child should not have to endure such a dangerous environment. Get help for your child by consulting a child custody attorney as soon as you notice habitual drug abuse in your ex-spouse.

What is Substance Abuse?

Drug addiction, or substance abuse disorder, is a disease that affects an individual’s cognitive behavior and can potentially lead to uncontrollable use of drugs, either legal or illegal. Alcohol, prescription drugs, nicotine, illegal narcotics, and even caffeine are considered substances in this regard.

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Can a Prenup Be Changed or Revoked?

 Posted on October 06,2023 in Aurora Family Law Attorney

Aurora, IL prenuptial agreement modification lawyerYes, the terms of a prenuptial agreement (prenup), or premarital agreement, can be changed or revoked in Illinois. However, certain requirements must be met for changes to take place.

When considering changing your prenup, it is important to consult with an attorney. A divorce and family law attorney can help you understand the legal implications of your decision and can draft the necessary paperwork. It is also a good idea to have each spouse hire their own attorney to ensure that both parties are represented fairly.

How to Change a Prenup

Prenuptial agreements in Illinois can be changed in a few ways. One way is to sign a new agreement with your spouse, which will effectively cancel out the old prenup. Another option is to use a postnuptial agreement, which is similar to a prenup but is created after marriage. Postnups are often more detailed than prenups, especially in terms of how marital assets will be divided in the event of a divorce.

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Collaborative Law Vs. Traditional Divorce Litigation

 Posted on September 29,2023 in Chicago divorce attorney

Yorkville, IL collaborative divorce lawyerCollaborative law and traditional divorce litigation are two very different ways to get a divorce. Collaborative law is a voluntary process during which divorcing couples work together with their attorneys to reach a mutually agreeable settlement. Traditional divorce litigation is an adversarial process in which couples go to court to have a judge decide the terms of their divorce.

If you are considering collaborative law, it is important to find lawyers who are experienced in this process. You should also make sure that you feel comfortable with your lawyers and that you trust them to help you reach a fair and equitable settlement.

Collaborative Law

Collaborative law is a voluntary process that focuses on cooperation and communication, so both parties must agree to participate. The goal is to reach a settlement that is fair to both parties and that meets the needs of their children.

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What is Needed For an Annulment in Illinois?

 Posted on September 27,2023 in Chicago divorce attorney

Geneva Annulment LawyerThere is not an official court action in Illinois for a marriage annulment. Instead, you will need to ask a judge for a judgment of invalidity. The meaning is the same but the outcome is rarely granted. This is because the grounds that must exist before you can ask a judge for a judgment of invalidity are very specific.

Whether a judgment of invalidity is right for you depends on your individual circumstances. Before you petition a court, it is important to speak with an experienced annulment attorney to discuss your case and determine if you meet the grounds necessary in the state of Illinois.

What are the Grounds for a Judgment of Invalidity?

In Illinois, there are four reasons the court outlines for invalidating a marriage:

  • One spouse was unable to consent to the marriage because he or she was under the influence of alcohol or drugs, has a mental incapacity, or was forced or under duress by the other spouse, or the other spouse engaged in fraud regarding a marriage detail

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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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