Tag Archives: Wheaton divorce lawyer

DuPage County divorce attorney parenting plan

As a part of the divorce process, divorcing parents are asked to create a parenting plan and submit it to the court. The parenting plan is a detailed description of numerous different child-related issues. Reaching a decision about each element of the parenting plan is an essential part of establishing each parent’s legal rights and responsibilities. A well-written parenting plan can also help prevent disputes about these rights and obligations in the future. However, parents sometimes struggle to see eye to eye about the issues contained in the parenting plan.

Elements Required in an Illinois Parenting Agreement

There are several different issues that all Illinois parenting plans must address. You will need to decide how you intend to make significant decisions about your child, including decisions about his or her education, religious upbringing, health needs, and extracurricular activities. Another major component of the parenting plan is a parenting time schedule which dictates where the child will live on given days. Parents must also describe how the child will be transported between the parents’ homes. The parenting plan will include provisions about each parent’s right to access important child-related information such as the child’s medical records and school reports. Provisions addressing potential future modifications of the parenting plan, any future parental relocations, the right of first refusal, and several other matters are also typically addressed.

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DuPage County divorce attorney guardian ad litem

Child-related disputes during divorce can be particularly difficult to handle. If you and your spouse are struggling to reach an agreement about the allocation of parental responsibilities and parenting time, you may have questions about how these issues will be resolved. In any child-related legal proceeding, reaching a resolution that is in the child’s best interests is the top priority. In order to make fully informed decisions, Illinois courts sometimes utilize the expertise of a guardian ad litem.

Helping Children Have a Voice

A guardian ad litem (GAL) is a specially trained attorney who represents the child’s best interests. He or she acts as an “expert witness” during legal proceedings such as guardianship and child custody cases. A GAL will investigate the circumstances of the case and then make a recommendation to the court about what he or she thinks is best for the child. This investigation often involves a “home study” during which the GAL will visit the child’s home and evaluate his or her living situation. The GAL typically interviews the child or children involved in the dispute as well as the parents. Teachers, childcare workers, doctors, psychologists, social workers, and other adults involved in the child’s life may also be interviewed.

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DuPage County divorce attorneyCryptocurrency is a type of digital currency which is rapidly gaining popularity. Bitcoin, Litecoin, and Ethereum are some of the most popular brands, but many other cryptocurrencies are also available. The word “cryptocurrency” refers to the fact that encryption techniques are used to safeguard transactions involving the digital asset. These currencies are popular in part because they can be exchanged in decentralized, peer-to-peer networks which are unregulated by governments. Because of the unfamiliar and shadowy nature of cryptocurrency, divorces involving such digital assets can be complex.

Cryptocurrency Treated the Same as Other Assets in Divorce

If you or your spouse has invested in Bitcoin or another type of cryptocurrency and you plan to get divorced, the currency will be subject to division along with other marital property. Illinois is an “equitable distribution” state. This means that if you purchased the cryptocurrency during the marriage, you may have to share it with your soon-to-be-ex-spouse. Illinois divides property and assets based on many factors including each spouse’s income and future employability instead of diving the property 50/50. So, it is not guaranteed that the person who purchased the cryptocurrency will end up with all of it post-divorce.

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illinois alimony modificaionIn a divorce proceeding, a court can sometimes award one spouse maintenance. This is a monetary award usually paid monthly by one divorcing spouse, which is supposed to help support the other divorcing spouse. Spousal support can be awarded to either spouse, and is based on the facts of a case and a judge's consideration of certain factors provided by the law. Divorcing parties can also come together and agree to the amount of support to be paid based on negotiations, or on a prior document such as a prenuptial agreement. Spousal maintenance is not awarded based on which spouse was at fault for the demise of the marriage.

Modification May Be Necessary

Sometimes, the spouse ordered to pay support may find that for one reason or another, they are not able to keep up with the maintenance payments. According to Illinois law, 750 ILCS 5/502(f), whether or not a spousal maintenance order is modifiable depends on whether or not the order was stated to be non-modifiable. For example, if the award was as a result of an agreement between the spouses, they could have agreed to have spousal maintenance in place for a specific period of time, and made the award non-modifiable.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree