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Kane County, IL divorce mediation lawyersWhether you are getting a divorce or working to establish a child custody agreement as an unmarried parent, you may worry about how to address the areas that are in dispute, reach agreements that will meet your family’s needs, and avoid ongoing conflict as much as possible. Handling these matters through litigation can lead to increased conflict, stoking feelings of anger and resentment and making it more difficult to cooperate in the future. 

If you and the other parent are willing to cooperate and reach compromises, mediation can provide a constructive alternative to the adversarial courtroom process. An experienced attorney with training in mediation techniques can help you work together to create a parenting plan so that you and your family can move forward into a more positive future.

Benefits of Mediation in Child Custody Disputes

Mediation provides a structured environment where you and your ex can discuss your respective concerns and work together to find solutions that will be mutually acceptable. Here are several key reasons why mediation can be advantageous:

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Kane County, IL prenuptial agreement lawyerMarriage is a significant milestone in a couple’s relationship. While the decision to get married is usually rooted in love and commitment, it is also important to understand that marriage is a legal union that will have many financial implications for a couple. A prenuptial agreement, commonly known as a prenup, can be a valuable tool for protecting the interests of both spouses. An experienced Illinois family law attorney can provide guidance on how a prenup may be used to protect assets and minimize disputes in a potential divorce. Scenarios where prenuptial agreements can be especially beneficial include:

Significant Assets or Debts

Any assets owned by either spouse before getting married will be considered separate property that will not be divided in a divorce. Likewise, debts accrued by one party before the marriage will be that spouse’s sole responsibility. However, a couple’s finances can become intermingled during their marriage, making it difficult to distinguish between marital property and separate property. A prenup can identify certain assets and debts and ensure that they will remain separate from a couple’s marital estate.

The assets and debts that may be addressed in a prenuptial agreement include: 

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If you are planning to get a divorce, you will need to be aware of many different financial concerns that could affect you. Perhaps the most important of these is the division of marital property. The process of dividing your marital property can be challenging, especially when it comes to valuable assets such as real estate.

Understanding how your home and any other real estate property you own will be treated during your divorce is crucial. A knowledgeable attorney can help you navigate the complexities of property division, ensuring that your financial interests will be protected.

Determining if a Home Is Marital Property or Separate Property

The first issue you will need to address when considering real estate during your divorce is determining whether a house or other property is considered a marital asset. Generally, marital property includes all property acquired by either spouse during the marriage, regardless of whose name is on the title. Thus, if you purchased your family home or any other property during your marriage, these assets will need to be divided between you and your spouse.

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Kane County, IL alimony lawyerThere are many reasons why a couple may choose to get a divorce, but in some cases, a spouse may be hesitant to leave their marriage because they are concerned about their ability to provide for themself on their own. If one spouse’s income covered the majority of the family’s expenses, the other spouse may worry that they will not have the resources to maintain their standard of living or even meet their basic needs. Historically, this concern most often applies to women, because they are the spouse most likely to give up career opportunities to raise children; however, it applies equally to men as well. 

Income disparities between spouses may be addressed during the divorce process through spousal maintenance, which is also known as spousal support or alimony. To ensure that this issue and other legal and financial concerns will be addressed correctly during the divorce process, a spouse should work with an attorney who can advocate for his or her interests.

Understanding Spousal Support in Illinois

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Kane County, IL child custody lawyerThere are many situations where parents may wish to modify parental allocation judgments put in place by a family court. While these orders are usually meant to reflect a family’s situation and ensure that parents can work together to provide for their children’s needs, circumstances may change. One parent may believe that it would be better for his children to live with them more often, or both parents may agree that adjustments to parenting time schedules are necessary because of a parent’s health issues. Regardless of the reasons for a potential modification, it is important to follow the correct procedures to ensure that the best interests of children will be protected.

A parent who believes a modification to a parenting plan is necessary may request these changes in family court. A judge will review the request to determine whether it will provide for the best interests of the child or children involved. Whether a modification is based on one parent’s desires or an agreement by both parents, it is important to work with an attorney in these situations to make sure all legal requirements are met.

Legal Process for Modifying Family Court Orders

In general, requests for modifications must be based on substantial changes in circumstances for one parent, both parents, or for a couple’s children. A modification request will involve the following steps:

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1737 South Naperville Road, Suite 100
Wheaton, IL 60189
630-549-0960
Evening and weekend hours by appointment.

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