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The Basics of Illinois Parenting Time

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DuPage County, IL visitatin lawyerEvery parent’s situation is different and as such it can be difficult to create a perfect parenting time schedule. Oftentimes a 50/50 split is not the best solution and, in cases where parents cannot agree or there are questions of parental fitness, it may be up to the court to determine the best interest of the children and the appropriate parenting time schedule. Illinois prefers that each child has two involved parents in their life so long as it does not affect the mental, physical, emotional, or moral well-being of the child. For a deeper understanding of how parenting time is allocated, speak with an experienced attorney.

Parenting Time As Defined By Illinois Law

Formerly known as visitation or physical custody, parenting time involves how much time a parent can spend with their child. It covers the rights and responsibilities each parent has to their children after a divorce. Parenting time will determine where a child’s permanent residence is located, how often that child will spend with each parent, the responsibilities of each parent when the child is with them, and the means of transportation between visits.

Determining Parenting Time

Cooperative parents can come together during the divorce process and draft an agreeable parenting plan that will be submitted to the court. A judge will look over the parenting plan, determine if it is in a child’s best interest, and either approve or deny it. When parents cannot agree or a parenting plan is not approved, the court must allocate parenting time. A mutually agreed upon parenting plan is always preferable in determining the parenting time allocation. However, when it cannot occur, a court will consider several factors before coming to a decision.


Top Reasons For a Postnuptial Agreement

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DuPage County family lawyerEven the most happily married couples can benefit from drafting a postnuptial agreement. Though it may have been better to sign a premarital agreement before tying the knot, a postnuptial agreement can still enable both parties to protect their interests in the event the blissful union comes crashing down in the future. For help with drafting either a premarital agreement or postnuptial agreement, consult an experienced and qualified lawyer.

What is a Postnuptial Agreement?

Premarital agreements occur before getting married. Both parties sign a contract defining what belongs to them and remain with them should a divorce happen sometime after saying their vows. A postnuptial agreement, or postmarital agreement, is similar but happens after the marriage has already started.

In a postmarital agreement, each spouse will decide which future assets should belong to whom in case they ever choose to dissolve the marriage. You can think of a premarital agreement as legal protection for the past, whereas a postmarital agreement protects your assets for the future.


DuPage County divorce lawyerTraditional divorce litigation can be mentally, emotionally, and financially draining for both parties. Contested divorces are oftentimes extremely ugly as much as they are expensive. Collaborative divorce is a terrific alternative that could lead to a more amicable divorce settlement. Collaborative divorce requires legal representation. A skilled and experienced divorce attorney who understands collaborative law can be a boon to your efforts.

What is Collaborative Law?

Collaborative divorce differs from traditional litigation in that it is an entirely voluntary process that allows couples to try and work out their differences away from the typical courtroom drama. Rather than trying to “win” the divorce, couples will have a chance to come to terms on contested issues in a less hostile setting. The focus in a collaborative divorce is to respect both parties’ wishes and concerns and try to create the best outcome for both parties and their children. The process requires a participation agreement signed by both parties and their lawyers.

Why Choose Collaborative Divorce Over Traditional Divorce?

There are many benefits to collaborative divorce over traditional divorce litigation. There are also a few drawbacks. For couples who are not dealing with threats of violence, collaborative divorce can be a fantastic way to sort out any contested issues they currently face. Before you consider choosing collaborative divorce, you must first understand the pros and cons of the process.


How to Spot an Adoption Scam

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DuPage County adoption lawyerThe thought of bringing a child into your loving home should be one of joy and anticipation. Housing a child in need of a family is a tremendous display of bravery and commitment. However, there are those in the world who are corrupt and would choose to rain on your parade through deceptive tactics. Choosing to adopt means remaining vigilant to possible adoption scams and professionals out to disrupt your happiness. Though not necessary, seeking legal counsel and support from a trusted and experienced attorney before engaging in the adoption process is highly recommended.

Common Adoption Scams

Adoption scams can occur in situations that you may not expect otherwise. The most common, according to many wrongful adoption cases, comes directly from the agencies where adoption takes place. Oftentimes, the adoption agency may fail to provide the full background information on a child to the adoptive parents.

Adopted parents can also be scammed online by pregnant or birth mothers making false promises of adoption opportunities. They may request prospective adopters to support them financially and provide medical expenses or other costs and fees without ever intending to provide the adopting family with a child.


Is a Prenup a Good Idea for Me?

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Wheaton, IL prenuptial agreement lawyerGetting married is a big decision you do not want to take lightly. One thing to think about is all of the financial implications of getting married before you say "I do." A good way to protect your finances and assets is with a prenuptial agreement (prenup), also known in Illinois as a premarital agreement.

Whether or not a prenup is a good idea will depend on your individual circumstances. Having an in-depth discussion with an attorney is a great idea if you are currently leaning toward the side of uncertainty.

What Can I Include in a Prenup?

Premarital agreements can cover various topics under Illinois statute 750 ILCS 10/4:

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