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

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DuPage County parenting time lawyer for right of first refusalThe relationship between a child and his or her parents is something that is crucial to the healthy emotional development of the child. The majority of parents want to be there for their child’s special moments and spend as much time with them as possible during their childhood. When parents are going through a divorce, the time spent with their child often becomes a highly contested issue upon which many parents cannot easily agree. Studies show that children do best when they form a bond with both their mother and father, which is why Illinois encourages parents to have shared parenting time. Something that is known as the right of first refusal (ROFR) can be a bonus for parents who split parenting time with their ex-spouses.

Illinois Parenting Time

In Illinois, the court strongly encourages parents to come to an agreement on parenting time schedules on their own. When parents both draft a personalized timetable and agree to it, they are more likely to adhere to the schedule. If they are unable to come up with a parenting plan, the court will make a decision as to how parenting time is allocated. Unless there is evidence that dual parenting time would be harmful to the child, the court will award visitation time to both parents.

What Is the Right of First Refusal?

If the court allocates parenting time, it will also determine whether or not to award the right of first refusal to either parent. The right of first refusal means that if one parent cannot care for the child during his or her designated parenting time, that parent must first offer the other parent the right to care for the child during that time. This right would apply in instances when the parent would seek substitute childcare for a significant period of time.

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DuPage County prenuptial agreement attorneyThe idea of planning for your divorce before you are even married can seem counterintuitive to many, unromantic to some, and just plain wrong to others. While nobody wants to admit it, the prospect of getting divorced is a very real one. Depending on the source, the divorce rate in the United States fluctuates between 40 and 50 percent. Although prenuptial agreements may still hold a negative stigma, they are becoming more popular than ever, for a couple of reasons. For one, the average age of marriage has increased dramatically from what it was just a couple of decades ago. People who are older tend to be more established and have more assets and property that they want to protect. If you are thinking about getting a prenuptial agreement, the following are a few ways it can benefit you and your spouse:

You Get to Choose How Your Property Is Divided

In a prenuptial agreement, you can spell out which specific property is given to whom in a divorce. This means you do not necessarily have to follow state laws on property division. Illinois divides marital property on an equitable basis, which does not necessarily mean equally. Judges use a specific list of factors to determine how property and debt are divided fairly. With a prenuptial agreement, you can divide your property as you see fit, and can also guarantee that certain assets, like family heirlooms or family pets, will stay with you.

You Can Protect Your Business

Another way prenuptial agreements can be beneficial is for protecting any businesses or professional practices that you own or may own in the future. If you state that your spouse has no right to any portion of your current or future business, then you maintain sole ownership, rather than having to split it. Under Illinois law, if you start a business while you are married, your spouse has a right to a portion of that business. Likewise, if you already have a business before you are married, your spouse is entitled to a portion of the profits or growth that accumulated during the marriage.

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DuPage County allocation of parental responsibilities lawyerNow known as the allocation of parental responsibilities, child custody can be one of the most contentious issues in a divorce. Even if you and your spouse agree on how you want to divide your property and debts, you may clash when it comes to deciding how parenting time and significant decision-making responsibilities will be allocated. Although you and your spouse may never want to speak to each other again, you will always share a common bond--your child. Determining how your child will spend time with each parent and what decision-making rights each parent will have for the child can be a daunting task. Below are some of the most frequently asked questions about the allocation of parental responsibilities in Illinois.

How Will Decisions About Parental Responsibilities Be Made?

Illinois courts recognize the benefit of both parents agreeing on certain issues, especially child-related issues. Because of this, the courts will encourage parents to come to an agreement about parental responsibility on their own. If they are unable to come to a  resolution, the court will make these decisions for them based on what is in the best interests of the child.

What Factors Will Be Used to Determine the Best Interests of the Child?

When a judge must make any decision involving the child in a divorce case, he or she will use specific factors to determine what is in the child’s best interest. These factors can include but are not limited to:

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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.

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DuPage County divorce lawyer for financial issuesDivorces are difficult for some families, especially when it concerns financial matters. Splitting your marital finances during your divorce can be challenging, but it can also be disastrous for a couple. With two separate households comes increased financial obligations. Some people may be prepared for the increase, while others may struggle. While divorce in itself will not lower your credit score directly, certain actions and events that take place during the divorce can affect the score in negative ways. The following are a few situations that could potentially impact your credit score when going through a divorce:

You Have to Refinance Your Home

One of the biggest assets you may have to deal with in your divorce is the family home. If one spouse is planning on keeping the marital home, it is best to make sure the home is in that person’s name only. To do this, you may have to refinance your mortgage. Refinancing means you will have to go through a comprehensive credit inquiry, which can affect your credit score.

Your Spouse Still Has Access to Your Accounts

When you are married, most of your financial accounts are probably joint accounts, meaning you and your spouse both have ownership over them. When you get divorced, the process of splitting those accounts and/or taking your spouse’s name off of them can take a while. If your spouse still has access to accounts such as your credit card account, he or she can rack up charges, which can affect your credit score in a negative way.

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DuPage County collaborative divorce attorneyIn recent years, divorcing by means of alternative dispute resolution has become rather popular. Both mediated and collaborative divorces have been the choice of many couples who are looking to get a divorce, rather than using the traditional litigation process. While each type of divorce has its advantages and disadvantages, collaborative divorce can be the answer to many people’s problems when it comes to settling issues and getting the results they want out of the divorce.

What Is a Collaborative Divorce?

The idea of collaborative divorce has existed since the 1980s, although it was only practiced in Illinois beginning around 2002. The Collaborative Process Act was signed into law in Illinois in 2018, and this formally recognized the collaborative process as a means to divorce. When a couple begins the collaborative process, they agree to cooperate in order to resolve the outstanding issues in their divorce. The collaborative divorce process takes place outside of the courtroom, in multiple private meetings. Avoiding litigation is one of the main goals of this process, and a collaborative divorce will often follow several methodical steps:

  1. Make a commitment to avoid litigation. In order to proceed with a collaborative divorce, you must first find a lawyer who is certified to practice collaborative law. That attorney will answer any questions you might have and prepare you for the collaborative divorce process. Once you and your ex-spouse have each found a collaborative divorce lawyer, you will sign an agreement stating that you will do everything in your power to settle any issues outside of the courtroom. This agreement will also state that you will provide each other with full disclosure of financial information, and you will answer any queries or requests honestly and completely. If you are unable to complete the collaborative process successfully, your respective attorneys will withdraw from representing you, and each party will need to find new counsel to represent them in court.

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DuPage County divorce lawyerDivorce is stressful for many reasons. Not only do you have various emotions running through your head, but you also have to deal with the financial aspect of the divorce. It has been estimated that a typical divorce can cost anywhere from $8,500 up to $100,000. The actual cost of your divorce will depend on a variety of factors, with some of the most influential factors being where you live, whether or not you have children, and your attorney’s hourly rate. With a price tag of at least a couple thousand dollars, it is not uncommon for some couples to have sticker shock when it comes to paying for their divorce. Fortunately, there are a few things you can do to reduce the cost of your Illinois divorce.

Figure Out Which Process You Want to Use

Before you even begin, you should know which type of divorce you want to use. Contrary to what many people may believe, traditional litigation is not the only way to get a divorce. You can also choose to go with a mediated divorce or a collaborative divorce. Each method of divorce has its advantages and disadvantages, but depending on your situation, a mediated or collaborative divorce may be able to save you both time and money.

Be Prepared With Organized Financial Records

Before you meet with your attorney to begin dividing your marital property, you should be sure you have all of your financial records organized and ready to go. Make sure your records are in order so your legal team can better understand your financial picture. Organizing your records yourself before a meeting saves you precious time for more important matters.

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Aurora, IL family law attorneyThere is no one definition that is used when you talk about the “best interests of the child” during divorce cases. What may be right for one child is not always right for another child. Illinois courts understand this, which is why when it comes to child-related issues, a variety of factors are used to determine the best course of action. During divorce cases, decisions must be made about parenting time and the allocation of parental responsibilities, which are both child-centered issues. The main goal of the courts is to ensure that the child’s safety and overall well-being is placed at the top of the list of priorities.

Factors Used in Deciding the Child’s Well-Being

In many Illinois divorce cases, parents can lose sight of what is truly best for their child. This is when a judge may step in and help parents decide certain issues. Each divorce, family, situation, and child is unique. When judges are making these decisions, they base their determinations on the child’s age and needs, along with these factors:

  • The physical safety and well-being of the child, including the child’s access to food, shelter, clothing, and healthcare

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Aurora, IL divorce attorneyA common saying is “When one door closes, another door opens.” This is true in most life events, even divorce. Although divorce is the end of a marriage, it can also be a fresh start in life, providing the opportunity to find someone new and date again. The time between those doors can differ for everyone, but most people will eventually be open to another relationship after they divorce.

Dating again can be exciting, but it can also be stressful for your children. Depending on their age and level of maturity, they may or may not be able to understand why their parent has decided to start dating. Sometimes, new relationships can put stress on a family, but following the below guidelines can help you reduce anxiety and enjoy this next chapter in your life.

Do:

  • Talk with your ex before you introduce your partner to your children. Not only is this respectful, but it can also help keep the peace between all involved. Your ex has a right to know who will be spending time with your children. Be sure your ex is comfortable with the idea of introducing your children to your new partner. Sometimes, introducing your ex and your new partner can ease some of the tension everyone may be feeling.

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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 fathers' rights attorneyIn today’s world, most people would agree that a father plays just as an important role in raising a child as a mother. Many people also believe that a child deserves to have both parents present in his or her life. For some people, this can be difficult, especially if the child’s parents were not married when the child was born. In cases such as these, it is up to either the mother or father to petition to establish the paternity of the child, which can be done a few different ways. Establishing the paternity of the child creates a legal relationship between the child and his or her father. Until paternity is established, there is no legal relationship between the two, even if they are biologically related.

Presumed Paternity

In the state of Illinois, a man is presumed to be the father of a child if he was married or in a civil union with the child’s mother at the time the child was born. A man is also presumed to be a child’s father if he was married to the mother at any point within 300 days before the child was born. If the parents were not married or in a civil union during either of these times, the man has no legal presumption to the paternity of the child, and either parent must go about establishing paternity through signing a Voluntary Acknowledgement of Paternity or through genetic testing and a court or administrative order.

Benefits of Establishing Paternity

There are quite a few reasons why a mother or father would want to establish paternity for his or her child. In most cases, establishing the paternity of the child gives both the child and the father rights they would not otherwise have. Benefits of establishing paternity include:

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DuPage County, IL spousal support attorneyA divorce is never an easy decision, and for many, it can turn their entire lives upside down. Years ago, spousal maintenance (then known as alimony) was a rather common thing that was typically awarded to women who were getting divorced. Now, with more women in the workforce, the number of women receiving spousal maintenance has dropped, while the number of men receiving spousal maintenance has slightly increased. Spousal maintenance is still a rather common issue during Illinois divorces that must be decided before the divorce can be finalized.

Calculating the Amount for Maintenance Payments

If the judge determines that a maintenance award is, in fact, appropriate, he or she will use the maintenance guidelines to determine the amount of spousal maintenance to be paid. The Illinois maintenance guidelines apply to any couple whose combined annual income is less than $500,000 and when the payor does not have any other obligations to pay child support and/or spousal maintenance from a previous marriage.

The amount of maintenance to be paid is determined by taking a portion of the payor’s income and subtracting a portion of the receiver’s income from it. The formula for calculating the maintenance amount is as follows: 33.3% of payor’s income minus 25% of the receiver’s income equals the yearly spousal maintenance amount. To determine the monthly amount for maintenance payments, you would simply take the amount for yearly maintenance payments and divide it by 12.

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Illinois divorce attorneyIn today’s world, there is more than one way to do almost everything, including getting a divorce. Historically, most divorces were litigated, meaning they were settled in court by a judge, rather than between the parties themselves. These days, more and more couples are choosing mediation and alternative forms of dispute resolution when it comes to divorces. One such alternative is a collaborative divorce, which brings many benefits to the table, but this type of divorce only applies to some situations. If you are considering a collaborative divorce, here are a few things you should know:

  1. You and Your Spouse Have to Agree to Settle Outside of Court

Before you even begin the divorce process, you, your spouse, and both of your attorneys must agree to settle the divorce in a respectful, honest manner outside of the traditional court system. You will create and sign a document called a Participation Agreement, and this is a legally binding contract. If you fail to settle the divorce through collaboration, you and your spouse will both have to find new counsel and go the traditional litigated route.

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DuPage County, IL family law attorney prenuptial agreementAs times are changing, so are attitudes toward previously taboo topics, such as signing prenuptial agreements before marriage. Over the years, drafting a prenuptial agreement before tying the knot has become more and more popular. One possible reason for the increase in popularity is that people are waiting until later in life to get married the first time. This means more people are entering into marriage with more assets that they want to protect. Prenuptial agreements must be created carefully, or they run the risk of being invalidated if they are contested during a divorce. Here are a few ways your prenuptial agreement may be found invalid:

  1. The Agreement Was Not in the Right Format

In the state of Illinois, prenuptial agreements must be in writing. In other words, you cannot have an oral prenuptial agreement. Both you and your spouse must sign the agreement for it to become valid, and you must file it with the clerk of the circuit court so there is a record of the agreement.

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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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Aurora, IL family law attorneyThe divorce process is complex. It affects almost every area of your life, including your financial well-being, your emotional health, and even your living situation and retirement plans. Since divorce is such a monumental event, it is essential that you find a good divorce lawyer to guide you through the legal process. Who you hire to represent you is arguably one of the most important decisions you will make regarding your divorce. It can be confusing choosing a lawyer, but by using the following tips, you can ensure that your attorney is the best choice for your situation and circumstances.

Keep Your Goals in Mind

Before you even begin meeting with divorce attorneys, you should figure out what you want out of the divorce. What issues are most important to you? If you have a feeling that your soon-to-be ex-spouse will become contentious over the parenting time and parental responsibility arrangements, you should try to find a lawyer who is skilled in handling child-related issues. If you have reason to believe your spouse may be hiding assets from you, you will want to seek a lawyer who has experience in investigating financial matters. Attorney Matthew M. Williams has dealt with cases involving both parenting time and parenting responsibility allocation. He also has worked with forensic accountants and other financial experts in cases in which spouses are not transparent with their assets.

Ask the Right Questions

Once you have a selection of lawyers who may be good matches for you, you should begin setting up consultations to meet with them in person. This will allow you and your potential attorney to get to know each other before you commit to working with him or her. During your consultation, you will want to ask a few questions about his or her qualifications and how the firm can help your case overall. During this time, you can ask what the attorney’s opinion is on your case and how he or she would proceed with handling it. When consulting with Attorney Matthew M. Williams, his 15 years of family law experience will be apparent while you discuss your case with him.

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Aurora divorce lawyer GAL child representativeAlmost anything that happens in the Illinois legal system that has to do with children revolves around what is in the child’s best interests. In the majority of divorce cases, at least one, but sometimes both of the parents, understand what would be in the child’s best interest. In some divorce cases, parents can become so blind with hate that the best interests of the child are lost, which is when a child representative steps in. Cases involving child support, the allocation of parental responsibilities, parentage, allocation of parenting time, relocation with the child, or even just the child’s general welfare can all be assigned representation for the child.

Types of Representation

The state of Illinois provides for three options when it comes to the representation of the child:

  • An attorney for the child

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Dupage County asset dissipation lawyerIn a perfect world, couples who decide to end their marriage would do so amicably and without any ill feelings. Unfortunately, we do not live in a perfect world, and divorcing couples are often much less than amicable. In some divorces, feelings of anger, resentment, greed, and spite are driving factors in decisions made by one or both spouses. In cases such as these, it is not uncommon for one spouse to do anything he or she can to keep the other spouse from receiving his or her fair share of the marital estate. The most common way of doing this is to waste the marital assets, also known as “dissipation.”

How Is Dissipation Defined in Illinois?

According to the Illinois Supreme Court, dissipation refers to the “use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time the marriage is undergoing an irretrievable breakdown.” In other words, dissipation occurs when one spouse wastes, destroys, or spends marital property during the breakdown of the marriage for the purpose of depriving the other spouse of the property.

Examples of dissipation of marital property can include:

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Aurora child support enforcement attorneyIn Illinois divorces, it is not uncommon for child support or spousal support to be awarded to the appropriate parties. A support order of either type is a legally binding court order, meaning failure to pay can result in severe consequences. The state of Illinois understands that many families rely on these support payments in order to provide for themselves and their children. Because of this, failure to pay child support or spousal support is taken very seriously.

What Constitutes Failure to Support?

According to the Illinois Non-Support Punishment Act, failure to support can occur in a few different ways. If a person commits any of the following actions, they can be held in contempt of court:

  • Willfully, and without any lawful excuse, refusing to provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance.

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Aurora parenting plan divorce attorneyWith kids getting out of school and the weather warming up, June marks the unofficial start to summer. For many people, this means more time for family bonding and vacations, but for families with divorced parents, it can be a stressful time of adjustment. Having a child and being divorced means there is typically a set schedule specifying when a child will be with which parent, but that same timetable during the school year will not necessarily work over summer break. In order to make your and your child’s summer as carefree as possible, here are a few tips for successful co-parenting during the summertime months:

  1. Plan Ahead and Communicate

The key to minimal conflict is to plan your summer in advance as much as possible and keep your ex-spouse in the loop. Try to talk with your ex beforehand and come up with a plan of how you would like to split parenting time during the summer. If you decide to play it by ear, be sure to let your co-parent know of any vacations that you plan on taking or any other activities in which your child will be participating.

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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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