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Wheaton, IL 60189
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Recent blog posts

What is a Plenary Order of Protection, and How Can I Get One? 

Posted on in Domestic Violence

Wheaton, IL order of protection lawyerSadly, domestic violence is something that takes place in so many families. Navigating emotionally turbulent situations like dealing with a divorce or issues related to your children can quickly bring out the worst in people and result in hazardous conditions. That being said, just because someone is going through a stressful time does not give them the right to commit acts of domestic violence. The safety of yourself and your children is the most critical thing; therefore, if you believe you are at risk of experiencing domestic violence or have experienced it, reach out to an attorney to set up an order of protection. 

Be advised that orders of protection are not one-size-fits-all. Different orders of protection pertain to certain situations. In this blog, we will look at emergency and plenary orders to understand how they differ from each other and whether a plenary order of protection is correct for you and your situation.

Emergency Orders of Protection vs. Plenary Orders of Protection

In Illinois, an emergency protection order requires only the petitioner’s testimony to the judge. The alleged abuser is not required to be notified or even present in court. Emergency orders are only available for up to 21 days or until a full hearing can be held. Meanwhile, a plenary order of protection is only granted after a court hearing that requires both the petitioner and respondent to be in court. Notably, a plenary order of protection can be issued for up to two years. Once the two years are up, plenary orders can be renewed.  

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Is it Possible to Appeal a Property Division Judgment?

Posted on in Divorce

Wheaton, IL divorce decree appeals lawyerThe distribution of marital property is usually among the most contentious areas of divorce proceedings. Not only can it get very complex, but people often have strong opinions about what is theirs and what is their spouse’s. In the State of Illinois, the law follows something called equitable distribution, which means that any marital assets involved in divorce proceedings are not required to be split 50/50, but must be split fairly. There comes a time in divorce proceedings when a legal ruling will be made regarding the property division. 

Once the court hands down a judgment regarding property division, the matter is considered settled. Or is it? In Illinois, there are options for individuals interested in appealing a property division judgment. However, the process for such decisions is rigorous and often requires highly competent legal counsel to appeal a property division judgment successfully. For example, suppose you are interested in appealing a property judgment. In that case, it is strongly recommended that you hire legal counsel knowledgeable in the appeals process so that your appeal can succeed. 

Requirements for Appealing a Property Division Order

As stated previously, appealing a property division order is a complex process. As a result, if you feel you need to appeal, your legal counsel or the presiding judge may have gotten it wrong the first time. This is why hiring knowledgeable attorneys in the first place is essential so that an appeal is not necessary. Nonetheless, specific requirements need to be met to have a chance at successfully appealing a property division judgment. 

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Divorced Parents and College Expenses: Understanding Your Rights and Responsibilities 

Posted on in Child Support

Wheaton, IL educational child support lawyerWhen most people think of child support and the associated responsibilities, they believe parental responsibility ends when their child turns 18 or graduates from high school. However, this is not necessarily true. Many parents continue that support through court-ordered child support payments requiring them to assist their child pay their college tuition. In Illinois, this is very common and is generally referred to as support of non-minor children for educational expenses. In most cases, a judge will issue this order based on the parent's financial situation and whether they can contribute to their child's college fund. 

If you are a parent and are interested in whether you and your ex-spouse could be required to contribute to your child's college expenses, consider contacting an experienced family law attorney who can help guide you through the process of ensuring you can develop a plan to help support your child so they can receive a college education

What to Know About Child Support and College Expenses

It is well documented that college is very expensive. As stated previously, the court will look at each parent's assets and income when determining how much each parent may be required to pay toward college expenses. In addition, the court will also look at the income and assets of the college student when making these determinations. If it is found that the student can contribute to help pay for their college expenses using their own income or inheritance, they may be ordered to do so. Notably, to standardize the process, Illinois courts use the average cost of a student attending the University of Illinois at Urbana-Champaign as the primary standard for their calculations. Parents will not be ordered to pay a total for a child’s education that exceeds the cost of tuition, room, and board at the UIUC, even if the cost of education at the child’s chosen school far exceeds that of UIUC. 

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Three Reasons to Consider a Postnuptial Agreement

Posted on in Family Law

Wheaton, IL postnuptial agreement lawyerAs the saying goes, “Hope for the best but prepare for the worst.” In essence, that is precisely what a postnuptial agreement is. Like a prenuptial agreement, postnuptial agreements are important legal documents illustrating how a couple’s marital assets will be split if their marriage ends in divorce or death. However, the difference between a prenuptial agreement and a postnuptial agreement is that postnuptial agreements are created after the marriage has already occurred. In this blog, we will examine three considerations when considering a postnuptial agreement.

If you are interested in creating a postnuptial agreement, do not hesitate to contact a knowledgeable attorney who will ensure your rights remain protected and respected throughout the process and that your best interests are always placed at the forefront of all decisions made. 

Why Should You Consider Creating a Postnuptial Agreement

Couples often hesitate to discuss postnuptial agreements because some people do not want to think about the prospect of their marriage ending. While this sentiment is understandable, people who are afraid to discuss postnuptial arrangements are likely unaware of the benefits and peace of mind such an agreement may provide them. Reasons to consider a postnuptial agreement include the following: 

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What Should I Do if My Ex-Wife Violates Our Parenting Plan?

Posted on in Child Custody

Wheaton, IL parenting plan enforcement lawyerWhen spouses with children decide to get a divorce, one of the most pressing matters that needs to be sorted out is how to ensure the divorce affects the children’s life to the least extent possible. As a result, determining parental responsibilities and parenting time becomes a critical issue, as children generally benefit from having both parents in their lives compared to only one parent being involved. In Illinois, a parenting plan becomes an essential legal document, usually created through collaborative methods, such as negotiation and mediation, signed by both parents and enforceable by law. In some cases, the parenting plan may be issued via court ruling if the parents cannot create it themselves. Regardless of how the parenting plan is completed, the legally binding plan will map out the parenting time schedule and which parent is responsible for making certain decisions regarding their children. 

But what happens if a parent violates the terms outlined in their parenting plan? This blog will speak about some common parenting plan violations and what can be done if your spouse has violated their part of the plan. If your spouse is violating your parenting plan, contact an experienced family law attorney who will work with you to protect your rights and ensure that the terms in the parenting plan are followed. 

Common Parenting Plan Violations in DuPage County

There are many different reasons a parent would violate a parenting plan. These reasons may include carelessness, anger, or perhaps resentment toward the terms in the original agreement. Violations of the parenting plan may include the following: 

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