Posted on November 22, 2023 in Family Law

Even 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.

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 Posted on November 06, 2023 in Divorce

Traditional 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.

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 Posted on October 20, 2023 in Family Law

The 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.

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 Posted on October 09, 2023 in Prenuptial Agreement

Getting 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:

• The rights to how your premarital property will be divided

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 Posted on September 20, 2023 in Domestic Violence

Domestic violence is a serious problem that affects millions each year in the home as well as the workplace. It can cause victims to miss work or arrive late due to injuries, court appearances, or other obligations related to the abuse. Victims may be distracted or unable to focus on their work due to stress, anxiety, or fear. The abused may experience harassment or threats from their abusers at work. In some cases, domestic violence can even lead to workplace violence.

It is important to reach out for help if you or someone you know is suffering from domestic violence. There are many resources available to victims of domestic violence, including domestic violence shelters, hotlines, and counseling services. You can also contact a family law attorney to discuss your legal options.

How Does Domestic Violence Affect Victims At Work?

Domestic violence is a serious problem that has a devastating impact on families, workers, and economies alike. It can lead to physical and mental health problems, economic dependence, and job loss. The National Network to End Domestic Violence claims that more than one in four women and one in seven men will experience domestic violence in their lifetime.

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 Posted on September 07, 2023 in Divorce

Like any form of mistreatment, emotional abuse is devastating. As with physical abuse, this behavior should be taken seriously by those who encounter it and a victim of abuse should seek help when necessary.

If you are going through a divorce, you might be wondering how your emotionally abusive partner will affect your case. The answer to this question is not simple. But, this is not a reason for despair. An Illinois family lawyer can assist you. Here at Fawell & Fawell, we are here to help you navigate your journey and will do the best we can to help.

What is Considered Emotional Abuse? 

It is important to define what exactly constitutes emotional abuse. In general, when people speak of an emotionally abusive spouse, they are describing a person who is attempting to control them in many areas of life. Here are a few examples:

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 Posted on August 30, 2023 in Divorce

Domestic violence is a very serious crime but can be especially hurtful when it comes from a partner. Often, the abused partners turn to divorce to secure their safety or the well-being of their children. No matter what, the safety of you and your children comes first. 

If you are in immediate danger, seek the aid of law enforcement or a domestic violence shelter. Once you are in a safe location, you can start with the divorce process. There are several measures you can take to protect yourself. Having the professional guidance of a divorce attorney is always ideal and can help you reduce all risks and concerns involved.

Can I File a Restraining Order Against My Partner?

The laws of Illinois protect domestic violence survivors. You can always file an Order of Protection while filing for divorce. The protection order limits your partner's contact with you and your children. The order also allows you to maintain everyone’s safety and privacy. Once you relocate to a safe area, change your contact information for added security. A divorce attorney who has experience working with victims of domestic violence can help you apply for an Order of Protection and start the divorce process. 

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 Posted on August 10, 2023 in Divorce

Marital problems are never simple to deal with. When they reach a breaking point, couples may consider legal options to move on. The two most common options are legal separation or divorce. Understanding the differences is important for making an informed decision.

What Is a Legal Separation? 

A legal separation is when both spouses decide to live apart. It is a court-approved agreement for separation, but a divorce is the only way to dissolve a marriage completely. So if you want to get remarried to some else, then a divorce may be best for you. 

Legal separation allows couples to step back, test a separation, and possibly reconnect in the future. When divorce appears too final, legal separation is a viable option. For many it could be due to religion or personal views. Divorce marks the end of a marriage and can be exhausting for both parties. It represents the end of the partnership. It can be a painful experience, so some view legal separation as a safer choice. 

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 Posted on July 27, 2023 in Child Support

There are times when one parent must relocate with their children. Whether due to a job change, to be closer to family, or to begin a new committed relationship, when adults move, minor children need to be considered carefully. 

While this can be difficult, ideally the parent who is not moving will still maintain their role in the children’s lives to the fullest extent possible. Even when a judge gives a parent permission to relocate, the other parent does not automatically lose parental responsibilities or parenting time; therefore, the parents need to work together to make co-parenting work. Here are some tips for successful long-distance co-parenting.

Schedule Times to Check In

A parent who does not live close to their children may not be involved in managing the children’s day-to-day lives, but the parent still needs to stay informed of what is going on so they can work to help make the right decisions. Since life can get busy, co-parents should schedule a time to communicate so each can learn what they need to know.

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 Posted on July 06, 2023 in Child Support

The amount of child support that you pay in Illinois is tied to your income. Many people ask whether their child support will automatically go up as their income rises. The answer to that question is that a raise does not always mean that you will pay more, but it could potentially lead to higher child support payments. Everything depends on the circumstances of your own situation and a DuPage County child support attorney can help.

A Non-Paying Parent Must Seek a Modification

Generally, the paying parent is not required to notify the other parent of a raise in income unless a divorce or child support agreement requires it. In order for payments to increase, the parent who is not paying child support must ask the court to raise child support by filing a motion to modify the child support order. 

Alternatively, the non-paying parent is allowed to have a review for a modification every three years. There is never a guarantee that a petition for modification will be approved; the law requires there to be a “significant change” in the non-custodial parent’s income, or a significant change in the child’s needs. Not every single raise will be considered significant. The parent paying child support does not have to do anything until and unless the child support order is modified by a judge. 

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