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Recent Posts in Family Law Category

  • Asset Protection During a Divorce

    Getting a divorce is not just an emotional process, but a financially difficult one as well. Divorcing spouses risk taking a major hit to their financial health during a divorce, especially without proper legal guidance on their side. While you might be tempted to fixate on what went wrong in your marriage or on how to cope with this major change in your life, it is crucial to also try to limit ...
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  • Tips for a Successful Co-Parenting Relationship After Divorce

    Divorcing spouses often cannot wait for the whole ordeal to be over and to put the past behind them. If you share children with your former spouse, however, you cannot simply move on and cut ties with your ex-spouse. The romantic portion of your relationship is over, but you will still have to co-parent your children together. Unfortunately, if there is lingering animosity, this situation can ...
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  • A Chronological Timeline for Divorce

    No two divorces are alike. For some, the process can be incredibly complex and time-consuming, while for others it could potentially be much more straightforward and relatively quick. That said, for those who are about to embark on moving forward with this decision and will soon work toward dissolving their marriage, having a general idea of the process and its timeline can be helpful in ...
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  • Relocating with Your Child After Divorce

    Life is not stagnant and situations constantly change, but for divorced couples who share children, drastic changes can present some big issues that can be difficult to overcome, especially if these changes involve a big move. If you are considering relocating with your child after a divorce, it is crucial to carefully examine this decision without hastily beginning the process. Here are some ...
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  • Three Reasons It's Important to Establish Paternity

    When a child is born to a single mother, only the mother is listed legally as a parent. That is, until the mother and father can legally establish paternity for its father. Legal paternity can have several benefits for all parties involved, including for the child themselves. Here are three extremely important and beneficial reasons why mothers, fathers, and children can benefit from establishing ...
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  • Adopting Your New Spouse's Children: What You Need to Know

    When you marry to a spouse who has children, you may wish to obtain legal status as a parent for their children as well through the adoption process. Adopting stepchildren isn’t as long and detailed a process as a traditional adoption (you won’t have to go through home visits and a long waiting period), but you will have to go through the unique obstacle of obtaining the right to adopt ...
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  • Can My Divorce Decree Be Changed?

    Life is fluid and constantly changing, which the courts understand. That is why it is possible for individuals to request a modification to their divorce decree. A divorce decree specifies rights and obligations regarding spousal support, the division of property, and child custody and support, among other issues. Either party can petition to amend a divorce decree to modify any number of the ...
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  • Child Visitation FAQ

    Divorce can make life seem pretty uncertain, especially when it comes to visitation and custody of your children. You likely have a lot of questions, so to shed some clarity on the situation, we have compiled a list of frequently asked questions regarding child visitation. Here are some answers to commonly asked child visitation questions: What does the term “reasonable visitation” ...
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  • How to Protect Yourself Financially During Divorce

    The decision to move forward with a divorce is an emotional one, but it is important to keep a clear head and to take the necessary steps to protect yourself financially during the process. In fact, many of the steps you can take to safeguard your financial health can be done early on in the divorce process, allowing you to rest easier at night. Here are some tips to protect your finances if you ...
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  • Determining Separate & Community Property During Divorce

    Divorce is not only a hugely emotional experience, but also a very technical one as you begin to unlink your shared lives. If you and your spouse had a particularly long marriage, determining what property is separate and what is shared might be a difficult task, which is why it is crucial to have a skilled divorce attorney assist you throughout this process. Of course, it would also be a good ...
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  • Do I Need an Attorney to Adopt?

    Welcoming a child into your family is a wonderful experience for a couple to share. However, the legal process of it is often time-consuming and rather complicated. To ensure your adoption goes smoothly and successfully, you should hire an attorney to avoid making any errors that might prolong the process or compromise your chances of expanding your family. In Illinois, state law dictates the ...
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  • How to Help Your Kids Cope with Divorce

    Divorce is difficult, but no matter how hard you think it is, it will most certainly be more difficult for your children to cope with since they cannot fully understand why it is happening. The only thing they can see is that their parents will no longer be together. To minimize the impact of this emotionally overwhelming experience, you and your spouse will have to take some steps to help relieve ...
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  • How to Create a Parenting Agreement After a Divorce

    If you and your spouse share children and are divorcing, child custody is likely to be the most difficult task you will face. However, regardless of how angry you might be with your spouse, do not let your feelings get in the way of making the decision that is best for your children. Set your emotions aside and put them first as you work out your parenting agreement. Creating a Parenting Agreement ...
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  • Pros and Cons of a Prenup

    A prenuptial agreement (prenup) is a signed and notarized contract that outlines how a couple will handle the financial aspect of their marriage. People used to think that prenuptial agreements were a guarantee that a marriage is going to fail. After all, why make a contract outlining what to do in the eventuality of a divorce? However, more and more couples are signing them, not as a guarantee ...
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  • What Factors Affect Child Custody?

    Divorce can be difficult for most couples, but those who are also parents have more to worry about. If a couple can’t agree on child custody arrangements, the court will typically decide how to divide the child’s physical and legal custody based on a number of factors. Most courts in the United States have an obligation to make a decision that is in the child’s best interests, ...
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  • Modifying Child Support Orders for Military Parents

    Life for servicemembers of the United States military can be complicated, particularly when going through a divorce. What complicates the process is child custody and child support. Active servicemembers are often deployed far away from their children, and they do not make as much money as you might expect they deserve. For example, if a military servicemember has a child, his or her child support ...
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  • Top 10 Child Custody Questions

    Divorce can be complicated, but nothing can make the process as confusing and hard to deal with as child custody. Both parents want to spend as much time with their child as possible; however, more often than not, the court will award one parent physical custody of a child while the other shares legal custody. If you’re about to go through a divorce as a parent, here are some of the most ...
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  • Questions to Consider Before Hiring a Child Custody Attorney

    One of the things that can make divorce extremely difficult is deciding on child custody. You and your spouse both love your kids and want to spend as much time with them as possible, but courts will likely try and distribute the time between you as evenly as possible. If you and your spouse can’t agree on a child custody arrangement, you might have to let the court decide. This often ...
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  • Are You Paying Your Attorney An Up Charge?

    Over the years there has developed a billing practice among certain Attorneys to add to the retainer contract an up charge for going to Court … which many clients blindly accept … without question... The Attorney, for example, may bill $275/hr for in office work and $300/hr for going to Court. ________________________________________ At The Divorce and Family Law Offices of Wakenight ...
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  • How is Child Support Determined in Illinois?

    Whether you were married or not, child support in Illinois is usually ordered. . . if a case is filed. The rare exception is where the parties have the same income and spend the same amount of time caring for the child(ren). Illinois Family courts determine how much child support should be paid by applying the guidelines for setting child support found in the Illinois Marriage and Dissolution of ...
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  • Knowing When to Switch Divorce Attorneys

    The quality of representation you choose to hire is in your control – should you find yourself with representation that is unsatisfactory, you should not hesitate to take action and move forward in your case with another lawyer by your side. In this blog, our Illinois divorce attorney explains when to know it’s time to switch divorce attorneys. Lack of Availability There are a number ...
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  • What's the Difference Between Fault & No-Fault Divorce?

    In Illinois, couples seeking a divorce have the option to file for a no-fault divorce, or a fault-based divorce. While both of these options will ultimately lead to a dissolution of the marriage, couples may find that they do not qualify for a no-fault divorce based on the requirements for this process. For skilled representation from a Cook & Lake County divorce attorney, call (888) 351-2843. ...
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