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Family Law & Divorce


I Don't Want to Get Divorced. Can I Fight It?

You entered into a marriage believing the vow, "until death do us part," but now it appears the end will come much sooner. Perhaps your spouse filing for divorce caught you by surprise, or maybe it was a foregone conclusion after years of difficulty. Either way, if you think you want to fight the divorce in court, you should consider the following:

At Mirabella, Kincaid, Frederick & Mirabella, LLC we understand the emotional and physical strain caused by divorce, whether you expected it or not. If your spouse filed for divorce, your thoughts should now shift from marriage preservation to protecting your interests and future.

A divorce filing strongly suggests your spouse already has legal representation for what lies ahead. Do not delay any longer in securing a skilled divorce lawyer. At MKFM Law, we have decades of experience in:

Once your divorce is finalized, if any issues arise in the weeks, months or years ahead, we can assist with any necessary post-divorce modifications, or child support enforcement and alterations.

Even if emotions are high, and collaboration with your soon-to-be former spouse does not seem likely, mediation could help bridge the gap between you. It can provide a method to reach agreements together and avoid the anger that often escalates as a divorce works its way through the court system. It is less expensive than divorce litigation, and may reopen the lines of communication for long-term co-parenting success.

You do not have to agree on everything, just approach the mediation process with a positive mindset. You might not feel like you can do that at first, but take some time, and weigh it against the alternative. An MKFM attorney can sit down with you to discuss all available options, so you can decide the path that is best.

At MKFM Law, we strive to make the divorce process as easy as we possibly can for you. This is a difficult chapter in your life, but there are many good ones ahead, especially when you plan for your future with an experienced legal professional. Contact a Wheaton, IL divorce attorney at 630-665-7300 for a free consultation.

My Ex-Spouse Threatened to Quit Working to Avoid Paying Child Support in Illinois. What Can I Do?

During a divorce or paternity case, child support is often a highly contested topic. The payor (that is, the spouse who pays support) may become angry regarding the amount they are ordered to pay. Not only can this lead to disagreements, but the payor might also make threats to avoid paying the court-ordered child support.

If your ex-spouse expresses plans to avoid their support obligations, chances are it is just a threat. Court-ordered support is not something that can be ignored, and there are actions that you and your attorney can take to ensure that you receive what you are owed.

If you are not receiving your child support payments, the experienced divorce attorneys at MKFM Law know how to help.

There are several serious consequences for not paying child support, including property liens, seizure of bank accounts, interception of tax refunds, hiring collection agencies to assist in collecting, and suspension or revocation of the delinquent parent's driver's license.

Unpaid court-ordered support will accrue interest, and the unpaid support and interest can be ordered collected by the court through garnishment of wages.

Even if the delinquent parent lives in a different state, child support orders can still be enforced. The Uniform Interstate Family Support Act (UIFSA) is a federal act that establishes jurisdiction matters for cases where more than one state is involved. States are required to defer to the child support orders that were entered by the courts in the child's home state. The state where the order was originally entered is granted continuing exclusive jurisdiction (CEJ), and only the law of the state with CEJ may be applied in any modification or enforcement requests.

In the event that the non-custodial parent does not have financial means to afford the court-ordered child support payments, they are not off the hook. If they do not have the income to afford full payments, the court requires that they file a formal motion to request modification of the child support order. This process may require them to present pay stubs or bank statements to illustrate their financial means. While their monthly support amount may be reduced, it will still need to be paid.

If you are not receiving the court-ordered child support payments you are owed, contact an experienced DuPage County child support lawyer at MKFM Law by calling 630-665-7300. Every child has the right to support from both parents, and every parent has an obligation to support their children.

During a Divorce, Are All Family Pets Considered Under the New Illinois Companion Animal Statute?

The new statute in Illinois regarding pets during a divorce only applies to those that are determined to be companion animals. The law does not expressly define a companion animal, but it does specifically exclude service animals. If the parties cannot agree, the court will determine if an animal should be considered a companion animal.

The recently-amended Illinois Marriage and Dissolution of Marriage Act (IMDMA) gives divorce courts the power to “allocate the sole or joint ownership of and responsibility for a companion animal of the parties.” The IMDMA does not, however, provide a definition for a “companion animal.” The law does expressly state that a companion animal does not include a service animal as defined in a separate law called the Humane Care for Animals Act. A court’s definition of a companion animal may also be based on that same law.

The Humane Care for Animals Act defines a companion animal as “an animal that is commonly considered to be, or is considered by the owner to be, a pet.” The Act also provides that companion animals include but are not limited to dogs, cats, and horses.

Using this definition of a companion animal, virtually any animal that you treat as a pet can be considered under the amended divorce statute. If you can demonstrate that you, as the owner, consider an animal to be a pet, the court is likely to determine that the animal is a companion animal.

Unfortunately, the courts are not always predictable, especially during divorce proceedings. That is why you need an experienced attorney who can help you present your case clearly and efficiently. Contact MKFM Law to schedule a confidential consultation at either of our two office locations. Call 630-665-7300 today. Our firm represents clients in and around DuPage County, Kane County, and the rest of Northern Illinois.

How Will Our Prenuptial Agreement Affect Our Divorce in Illinois?

A prenuptial agreement is a legal document stating the assets of each spouse prior to marriage, and outlines agreed-upon circumstances for divorce. It will affect the process and the outcomes of a divorce by dictating how assets and responsibilities will be divided between spouses.

If you and your spouse have a prenuptial agreement, it will dictate what rights and obligations you have, which will be incorporated into the final judgement for the dissolution of your marriage in the event of a divorce.

If you are thinking about filing for divorce or you have been served with divorce papers, it is crucial that you provide a fully executed final copy of the prenuptial agreement during your initial divorce consultation with your divorce attorney.

While you hope you will never need the prenuptial agreement, the efficiency that comes from having a prenuptial agreement could reduce your legal fees.

A prenuptial agreement may contain details such as lists of each person's assets, guidelines for dividing up assets that are acquired during the course of the marriage, which particular assets will be retained by each party, each person's debt responsibilities, and limits for alimony.

While you may love one another and agree on everything at the time that you are married, a divorce can change that. Battling over assets is never a pleasant experience. Outlining those details early on, when you are still agreeable, helps to eliminate some opportunities for debate should you decide on a divorce.

When a decision is made to file for divorce, a prenuptial agreement will act as a guide to expediting the divorce process. It will help to eliminate conflict during a time that is undoubtedly stressful enough for both parties, and will alleviate the fears of not knowing what the outcome will be.

MKFM Law has been assisting clients in the DuPage, Kane, Will, and Kendall County areas with prenuptial agreements and divorce proceedings for decades. Contact a DuPage County divorce attorney at MKFM Law for help with your prenuptial agreement by calling 630-665-7300.

What Is Considered When Determining Who Will Care for Pets After Divorce?

When spouses cannot agree on how the family pet will be cared for after a divorce, Illinois law now allows the court to resolve the issue. The court will consider which spouse has cared for the pet during the marriage and which spouse is more willing and able to continue providing for the well-being of the animal.

Household pets are often more than just animals. They are part of the family in which they live. A recent update to the Illinois Marriage and Dissolution of Marriage Act gives divorce courts in Illinois the authority to “allocate the sole or joint ownership of and responsibility for a companion animal of the parties.”

When making this determination, the court must consider the “well-being of the companion animal.” This means that the court will take into account more than just which spouse took the animal to the vet or who fed the animal most often. The court’s decision must also be based on what arrangement would provide the animal with a stable, healthy, and loving home.

Each spouse’s willingness and ability to care for the animal will also be considered. For example, one spouse may want full responsibility for the pet, but his or her work schedule might not be best for the animal. If the divorcing couple has children who have bonded with the pet, the court may consider the parenting time arrangements as a template for pet ownership and responsibility.

Making arrangements for the family pet is just one of the many important elements of a divorce. If you are a pet owner who is considering filing for divorce, an experienced attorney at MKFM Law can provide the guidance and advice that you need. Contact our office to learn more. Call 630-665-7300 and schedule a confidential consultation today. We serve clients throughout DuPage County, Kane County, and the surrounding areas.

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Wheaton, IL 60189
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We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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