630-462-9500

After Hour New Client Telephone Number 630-690-6077

1776 S. Naperville Road, Building B, Suite 202,
Wheaton, IL 60189
The Stogsdill Law Firm, P.C.
Subscribe to this list via RSS Blog posts tagged in DuPage County family law attorneys

DuPage County grey divorce lawyerThe make-up of the American family has changed dramatically over the last 100 years. One of the trends taking place throughout the United States is an increase in the average ages of marrying couples. Both men and women are getting married later in life. In 1960, the average age of first-time brides and grooms was 20 and 22, respectively. Presently, the average ages of first-time brides and grooms are closer to 30. This change has affected family law concerns, including prenuptial agreements and divorce.

Individuals Getting Married Are More Like to Have Significant Assets and Debts

Couples used to get married soon after high school. Modern spouses are much more likely to be in their mid to late twenties. This means that many brides and grooms have a college education, and consequently, student loan debt. Modern spouses are also more likely to own substantial assets, including a home or small business. This is one reason that many family law attorneys are seeing an increase in prenuptial agreements. A prenuptial agreement or postnuptial agreement is a legally enforceable contract that is used to describe spouses’ property rights. The contract may identify certain assets and debts as non-marital and therefore not subject to division during divorce. A prenup or postnup may also describe a spouse’s entitlement to alimony or spousal maintenance.

Divorce May Be Especially Complicated

Because Americans are waiting until they are older to get married, divorce cases often involve intricate financial and personal issues. Divorce involving children and stepchildren can lead to disputes regarding parental responsibilities, parenting time, and child support. Divorce involving complicated financial circumstances such as commingled assets, hard-to-value assets like cryptocurrency, and complex investments may also lead to contentious disputes.

...

Wheaton, IL prenuptial agreement attorneyThe silver lining in any divorce is the hope for a better future. Many divorced individuals eventually meet someone new and get remarried. If you have previously been married, and you are now planning to marry for a second or subsequent time, you are probably busy planning the wedding and building a life with your new partner. However, it is essential that you take the time to consider how your remarriage can impact the terms of your previous divorce. It is also important to start thinking about the unique issues that may be present in a second or third marriage.

Spousal Maintenance Typically Terminates Upon the Recipient’s Remarriage

Per Illinois law, spousal maintenance or alimony terminates if the recipient gets remarried. In addition, spousal maintenance usually terminates once the recipient begins cohabitating with a new partner. If you plan to remarry, you must inform your ex. If you do not tell your ex, and he or she pays you maintenance after you are remarried, you may be forced to reimburse him or her for any maintenance you received after the date of your marriage.

Child Support Can Be Influenced by Remarriage

Child support may or may not be influenced by the remarriage of either parent. Step-parents do not have a legal obligation to financially support their step-children the way that biological parents do. However, the court considers each parent’s financial circumstances when determining a fair child support payment amount. If a parent gets remarried, and this significantly increases the amount of disposable income the parent has, this may influence the amount of support he or she pays or receives.

...

DuPage County grandparent visitation lawyerAs any grandparent can tell you, the relationship between a grandparent and a grandchild is special. Grandparents offer guidance, wisdom, and support to grandchildren that is informed by decades of life experience. When a married couple with children divorces, grandparents are often worried about whether they will get to see their grandchildren as often as they would like. If you have found yourself in this situation, you may wonder if grandparents have a legal right to spend time with their grandchildren or may be granted “grandparent visitation.” As with many Illinois family law concerns, the answer to this question is complex.

Under What Circumstances Are Grandparents Granted Visitation?

Family dynamics can be very complicated – especially when divorce is involved. If you are a grandparent who wants to ensure that you still get to spend time with your grandchild, you may wonder if you can petition the court for visitation. Typically, court-ordered parenting time only involves the child’s two biological parents. However, the court may grant grandparent visitation in certain circumstances. You may have a legal right to visitation if:

  • Your grandchild’s parents are divorced, and one or both of the parents approves of grandparent visitation

    ...

Wheaton, IL order of protection defense lawyerThe National Coalition Against Domestic Violence estimates that one in every four U.S. women and one in every seven U.S. men have experienced domestic violence. Physical abuse, psychological manipulation, financial exploitation, and other forms of abuse exist within many families. Sadly, some people choose to use false accusations of domestic violence or abuse in an attempt to influence family law cases. Whether it is a divorce, child custody dispute, or another family law matter, allegations of abuse will likely have a major impact on the outcome of the case. If you have been accused of abusing a family member, there are several actions you should take immediately.

Gather Evidence and Witnesses That Support Your Side of the Story

One of the first things you should do if you are accused of abuse is to obtain any evidence that can help prove that the accusations are untrue. This may include things like text messages, voicemails, emails, letters, and other correspondence. Also, start thinking of witnesses who can corroborate your side of the story during any legal proceedings. Witnesses who are willing to testify about your character can be extremely beneficial to your case.

Consider Requesting a Guardian Ad Litem

A guardian ad litem (GAL) is a lawyer who may be assigned to a family law case involving children. He or she does not represent either party in the dispute, but instead advocates for the children’s best interests. The GAL may visit each parent’s home and conduct interviews with parents, teachers, doctors, family members, and the children themselves in order to form an educated opinion about what is best for the children. The GAL then makes a recommendation to the court about what case outcome he or she thinks will protect the children’s best interests.

...

DuPage County paternity attorneyUnmarried couples who have a child together face a significantly different set of challenges than married couples with children. When a mother who is married gives birth, her husband is automatically presumed to be the child’s father. However, when an unmarried mother gives birth, this presumption does not exist. The father will need to take steps to establish his legal relationship to the child, called establishing paternity. There are numerous benefits to establishing paternity for both the parents and the child. Read on to learn about these advantages and the steps that must be followed to establish paternity in Illinois.

Children Gain Many Valuable Resources When Paternity Is Established

Until the legal relationship between a child and father is confirmed, the child is not eligible for a number of important benefits. Once paternity has been established, the child will have advantages such as:

  • Inheritance rights

    ...
Dupage county bar association Illinois state bar association American Bar Association Rotary Martindale Hubbell Top 40 Under 40 Best 10 Best 10 DuPage County Bar Association State Badge State Badge Avvo

Contact Us To Schedule A Consultation With An Attorney At Our Firm

Call 630-462-9500 or provide your contact information below and we will get in touch with you:

NOTE: Fields with a * indicate a required field.
*
*
*
Back to Top