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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Recent Blog Posts

What Are the Requirements for a Legal Separation in Illinois?

 Posted on December 00,0000 in DuPage County divorce lawyer

DuPage County legal separation lawyerThere are many reasons why couples get divorced, but often it takes a lot of time and contemplation to get to that point. Before it is decided that divorce is the best option, couples often go through a period of uncertainty about whether or not they actually want to legally terminate their marriage or if they just want to “call it quits” for a while. During this time, some couples choose to separate themselves by living apart and also being financially independent of each other. These are the basics of an Illinois legal separation, though it is not enough to just say that you are separated. You and your spouse must take several steps before the state will view your separation as legal.

Requirements for a Legal Separation

If you are considering obtaining a legal separation in Illinois, there are a few requirements that you must meet. First, you or your spouse must have been a resident of Illinois for at least 90 days. Then you will have to file a petition with the court in the county in which either you or your spouse lives or the county in which you and your spouse last lived together. In the petition, you must be able to prove that you and your spouse live separately from each other.

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What Is the Difference Between a Collaborative Divorce and Mediation?

 Posted on December 00,0000 in DuPage County divorce lawyer

Aurora collaborative divorce attorney

For years, there were only two ways you could end a marriage -- by settling the divorce through the use of two different attorneys or by taking the case to court to hash out the issues before a judge. In recent years, the use of alternative dispute resolution has become a more popular form of divorce, rather than the traditional litigated route. There are two main forms of alternative dispute resolution: collaboration and mediation. Both ways of divorcing allow couples to settle divorce issues on their own terms, rather than leaving them to a judge to decide. Many people have a false notion that collaborative divorce and mediation are the same thing, but they are different, and each method has its own unique benefits.

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Tips to Help You Move on After Your Illinois Divorce

 Posted on December 00,0000 in DuPage County divorce lawyer

St. Charles divorce lawyerIt is said that breaking up is hard to do, and it can be even more difficult if you were married and decide to get a divorce. Whether you were married for three years or 30 years, or whether your divorce was amicable or contentious, the emotional pain can still be difficult to process. Feelings of anger, resentment, despair, anxiety, or even rage can be prevalent for some time after the divorce. The question you must ask yourself after a divorce is, “Where do I go from here?” The best thing you can do after a divorce is to begin to focus on yourself and move on with your life. The following are a few practical steps you can take to start a new chapter and stop living in the past:

Work Through Your Feelings

Before you can begin the healing process, you have to work through the feelings that you are undoubtedly experiencing. These emotions may include sadness, bitterness, hate, or even hopelessness. Despite these feelings, you are also probably feeling grief because of the loss of the relationship. This is completely normal, but the only way to get through these feelings is to allow yourself to experience them and grieve the loss of your marriage.

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How Can a Prenuptial Agreement Protect My Illinois Business?

 Posted on December 00,0000 in Illinois family law attorney

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.

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Do Grandparents Have Legal Visitation Rights in Illinois?

 Posted on December 00,0000 in Children of divorce

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:

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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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