Posted on April 25, 2025 in Child Custody

Custody issues – known as the allocation of parental responsibilities in Illinois – are often the most difficult aspect of a divorce. Couples going through a divorce are usually required to try mediation, and if a mediated agreement cannot be reached, the Court could appoint a guardian ad litem (GAL), who is often another lawyer. The GAL will conduct an independent investigation into the child’s home situation before making a recommendation to the courts.

If there are still disagreements regarding parenting time or the allocation of parental responsibilities, the Court may choose to appoint a psychologist or psychiatrist who will conduct a more in-depth investigation into the parents to determine the best interests of the minor children. The power of the Illinois family courts to order such an investigation is found in Section 604(b) of the Illinois Marriage and Dissolution of Marriage Act, so a custody evaluation of this type is commonly referred to as a 604(b).  

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 Posted on April 07, 2025 in Divorce

One of the most common questions divorce attorneys get asked is, "How long will my divorce take?" Making the difficult decision to divorce can take months or even years, so when that decision is finally made, most people want to get it over with as quickly as possible.

Because there are many types of divorces and such a wide array of factors that influence the length of a divorce, this can be a difficult question to answer. In the state of Illinois, there is a mandatory waiting period of at least six months before a divorce can be finalized.

So, unless both spouses agree to waive the six-month requirement, you are immediately looking at six months, regardless of what other issues may potentially drag out your divorce. The best thing you can do to ensure your future is protected and your divorce goes as smoothly and quickly as possible is to speak to an experienced Wheaton, IL family law attorney.

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 Posted on March 26, 2025 in Child Custody

When a parent relocates with a child, it can have serious implications for the custody order. In Illinois, there are strict laws about how far a parent can move without the court’s approval. If you are considering a relocation or want to petition against a relocation, an Illinois family law attorney can help.

At Fawell & Fawell, we make your family our priority. We understand how significant a relocation can be, and so we will make sure you are fully informed of your rights from the beginning of your case to the end. Our firm is ready to hear your concerns and advocate for a favorable resolution.

Requirements for Relocation

Illinois law has specific language for what counts as a parental relocation. A change of address by itself does not qualify as parental relocation, but if the custodial parent moves over 25 miles from a residence in Lake, Cook, Kane, DuPage, McHenry, or Will County, he or she will need the court’s approval. However, a parent can move out of state without the court’s approval as long as it is still within 25 miles of the original residence in one of those counties.

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 Posted on March 11, 2025 in Alimony

There is no denying that divorce can be expensive even at the best of times. In addition to the legal fees, you may end up making long-term payments because of a court order. Before filing for divorce, you should know what to expect and be ready to advocate for your right to financial stability. An Illinois family law attorney can help you plan for possible financial burdens while advocating for your best interests.

At Fawell & Fawell, we take the time to understand the needs and goals of our clients during a divorce. We will argue for a fair settlement or verdict that does not leave you in an unfair financial situation so that you can smoothly transition out of your marriage.

Child Support

If you and your spouse are separating with a minor child, you will still be financially responsible for the child whether the child lives with you or your ex. Child support is typically awarded to the spouse with the majority of parenting time, and it covers necessary expenses like housing, food, and clothing.

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 Posted on February 25, 2025 in Domestic Violence

Domestic violence is not always obvious and it can take different forms other than physical abuse. Many people trapped in abusive situations do not realize that they are experiencing domestic violence. Others may feel pressured into silence out of fear of retaliation. If you or somebody you love has been subject to domestic violence, an Illinois family law attorney can provide you with legal advice and representation.

At Fawell & Fawell, we know how sensitive issues of domestic violence can be. We can provide you with private counsel and help you file a protective order against your abuser if necessary. By getting legal protection, you can start protecting yourself and other members of your household from violence, threats, and harassment.

Harassment

Under Illinois law, harassment is defined as unnecessary conduct that would reasonably cause another person distress. Examples of harassment include:

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 Posted on February 12, 2025 in Divorce

If you and your spouse cannot reach a divorce settlement outside of court, a judge will divide your assets equitably. This process of asset division is full of unknowns, and the court’s interpretation of "fair" may not always line up with what you want. An Illinois divorce attorney can protect your best interests during litigation, advocating for a favorable split of assets.

At Fawell & Fawell, we are ready to represent you in property disputes. Our firm has served clients in issues of family law for over forty years, giving us deep insights into divorce proceedings. When you work with us, you will receive honest, straightforward legal assistance to help you through your divorce.

"Equitable" Does Not Always Mean Equal

When the courts decide how to split up your marital estate, they will not just split it down the middle and give half to each spouse. Instead, they handle each case on an individual basis, taking into account what is most fair. Since Illinois is a no-fault state, neither spouse will be entitled to more or less property due to the collapse of the marriage.

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 Posted on January 24, 2025 in Divorce

A parent going through a divorce has to manage a delicate balancing act. Prioritizing one’s own wants and needs during negotiations is natural, but when children are involved, a parent has a duty to do what is right for the child. If you are looking for guidance and representation in a divorce with children, a DuPage County, IL family law attorney can be your best advocate.

At Fawell & Fawell, your family is our priority. We have handled hundreds of divorces, providing care and attention when our clients need it most. No matter how complex or fraught your divorce is, we can give you sound legal guidance every step of the way.

Attend Mediation

Even if things are bitter between you and your spouse, you may have to remain on at least speaking terms to work together as co-parents. During your divorce, you can choose to attend mediation of your own volition, but in many cases, a judge will enforce it. 

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 Posted on January 09, 2025 in Divorce

It goes without saying that infidelity can be devastating, coming as a huge shock from a person you may have once loved. The discovery that your spouse is cheating on you may be a major factor, if not the main reason, for initiating a divorce. 
Naturally, you may have questions about how your spouse’s infidelity could affect your divorce. A Wheaton, IL divorce lawyer at Fawell & Fawell can keep you in the loop about what Illinois’ no-fault laws mean for the dissolution of your marriage, and what you can expect during the proceedings of your divorce. We will protect your best interests during this emotionally fraught time, easing your transition out of your marriage.

Asset Division

Most couples negotiate a divorce settlement out of court, with the help of a mediator when necessary. When a divorce does go to court in Illinois, a judge’s final ruling on asset division will be based on the principles of fair and equitable distribution. Because Illinois does not recognize fault-based grounds for divorce, your spouse’s infidelity will not be penalized in how property is allocated with the exception of asset dissipation. This may come as a disappointment, but with the advocacy of a skilled attorney, you can negotiate for a favorable settlement in front of a judge.

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 Posted on December 30, 2024 in Family Law

When you recognize that a parent can no longer provide adequate care for a child, you might need to intervene and take on the incredible responsibility of assuming guardianship of the child. If you are considering seeking plenary guardianship of a minor – a permanent, long-term arrangement – you should be aware of any potential obstacles to your claim. 

A Wheaton, IL family law attorney can guide you through the process of petitioning for guardianship, helping to build a solid foundation for your case. At Fawell & Fawell, our family law attorney does not shy away from complex, emotionally fraught cases. We come prepared with a wealth of legal knowledge and experience to advocate for the best outcome in court.

Preliminary Requirements for Plenary Guardianship

To be considered for plenary guardianship, you must meet certain criteria. According to the Illinois Guardianship and Advocacy Commission, you must be 18 or older with no serious criminal convictions on your record, and of sound mind. In this case, "sound mind" means that you have the mental capacity and reasoning to make important decisions on your own behalf. Notably, you do not have to be related to a child to apply for guardianship.

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 Posted on December 13, 2024 in High Asset Divorce

Divorce is complicated enough, but a couple with a high net worth may run into even more issues during the dissolution of a marriage. Dividing up shared property and wealth in a high-asset divorce can be extremely complex, requiring a thorough appraisal of all marital property. If you are going through a high-asset divorce, an attorney can represent you inside and outside of court, making sure that your financial interests are protected. In cases of high-asset divorce, the experienced DuPage County family law attorney at Fawell & Fawell is prepared to give you his full attention to help ensure a clean separation.

Shared Businesses

A shared business in a marriage can be profitable. However, the turmoil of a high-asset divorce can threaten to interrupt regular operations, especially when dealing with problems of ownership. If you started a business prior to a marriage, it may be considered a non-marital asset and therefore not subject to division. However, if your spouse contributed to the business during the marriage, the courts may consider any gain to the value of the business to be a marital asset. As such, you will have to reach an equitable compromise with your spouse, whether that means buying out his or her interests, selling the business itself, or continuing to maintain joint ownership.

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