Category Archives: Kane

st. charles divorce lawyers Divorce is never easy, but some spouses are intent on making the divorce process as difficult and miserable as possible. A spouse may avoid signing paperwork, fail to show up at court hearings or mediation appointments, spread rumors about the other spouse, or simply refuse to cooperate. Some spouses even resort to childish games and mind tricks during a divorce. If your spouse is making your life miserable during your divorce, know that you are not alone. This is an issue that many people deal with. There are litigation tools to help prevent your spouse from acting this way, which may be enable you to mitigate the effects of his or her actions.  

Work With an Attorney Who Understands What You Are Going Through

When choosing a divorce lawyer, make sure you find an attorney who is experienced in contentious divorce cases. Each lawyer has their own unique skill set and experience. You need someone who will not fall for your spouse’s tactics and will strongly advocate on your behalf during the case. If needed, your lawyer can handle communications with your spouse and his or her attorney for you. Your lawyer can also handle settlement negotiations, filing of court documents, and other aspects of the divorce case.

Stay Off of Social Media

Divorcing spouses sometimes do anything they can think of to get a rise out of the other spouse. Social media like Facebook and Instagram is a popular vehicle for pot-stirring during a divorce. Your spouse may say unflattering things about you, share personal information, or spread lies about you through social media. Though it is tempting, do not resort to retaliatory actions online or in person. Doing so only encourages their immature behavior. It may be best to simply block your spouse on social media and avoid logging into the sites until after the divorce is finalized.

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b2ap3_thumbnail_shutterstock_1075081070-1.jpg Child support is an important source of financial support for divorced and single parents. Unlike spousal maintenance or other divorce issues, divorcing parents cannot determine the terms of child support on their own. Because financial support from both parents is considered a child’s natural right, parents cannot generally choose to forgo child support.

Illinois now uses the Income Shares formula to calculate how much a parent pays in child support. Support obligations are based on both of the parents’ incomes so the payment amount is reasonable and affordable given the parents’ financial circumstances.

Some parents choose not to work or intentionally work at a lower-paying job to reduce their child support obligation. In situations like this, Illinois courts may use the parent’s “imputed income” to calculate child support.

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kane county divorce lawyerMany people who get divorced have never participated in a legal proceeding before. The divorce process can be daunting legally, financially, and personally. Television shows and movies depicting divorce as a dramatic courtroom battle only increase divorcing parties' fear and apprehension.

Fortunately, divorce is rarely as litigious as TV shows would lead one to believe. Only a small percentage of divorce cases end up at trial. The rest are resolved through a mutually agreed-upon settlement.

If you are getting divorced, you do not have to undertake this process on your own. An experienced divorce lawyer can provide trustworthy legal advice and guidance from beginning to end.

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kane county divorce lawyerMost people assume that once their divorce is finalized, they are done with the divorce process and can relax. Unfortunately, this is not always the case. Some former spouses refuse to comply with the terms of their divorce judgment. They stop paying child support, fail to provide the spousal maintenance required, or ignore asset division terms. If your ex-spouse is not complying with the terms of your divorce, do not wait to take action. Contact an experienced divorce lawyer for help right away.

Property Division in Divorce

The division of assets and debts is often a crucial aspect of a divorce case. Property division may be resolved through a negotiated settlement between the parties or the result of a Judgment entered after a trial. Regardless of how the divorce was resolved, the spouses are expected to follow through with the final divorce decree.

If your spouse has not complied with property decisions, you can file a Petition for Rule to Show Cause. The court may charge the non-compliant spouse with contempt if he or she refuses to comply

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st. charles divorce lawyerThe legal relationship between a father and his child is called "paternity." In Illinois, paternity can influence everything from child support to adoption. Whether you are a mother, father, grandparent, or another important individual in a child's life, it is important to understand how paternity affects family law issues in Illinois. Read on to learn answers to some of the most common legal questions about paternity.

How is Paternity Established?

Per Illinois law, paternity is assumed in certain cases. If a married woman gives birth, her husband is presumed to be the child's father. The father does not need to do anything else to establish paternity. However, the same is not true for unmarried parents. Unmarried parents may establish paternity through one of three legal avenues:

  • Voluntary Acknowledgement of Paternity (VAP) – The VAP is a document that parents can sign at the hospital where the child is born to voluntarily establish paternity. The document is also available online and at the County Clerks's office.
  • Court Order – Either parent may petition the court for an order of paternity. DNA testing may be necessary to confirm that the alleged father is indeed the child's biological father.
  • Administrative Paternity Order – The Illinois Healthcare and Family Services Department of Child Support Services may establish paternity.

Why Do I Need to Establish Paternity?

Establishing paternity confirms a child's biological and legal relationship with his or her father. This gives the child access to the child's inheritance, veterans benefits, and health insurance. Establishing paternity is also a prerequisite to receiving child support from a father. Perhaps more importantly, establishing paternity gives the father the right to seek parenting time (visitation) and parental responsibilities (legal custody).

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree