Recent Blog Posts
How to Co-Parent While Still Living in the Same House | IL
As if co-parenting after divorce were not difficult enough, some parents are forced to continue to live in the same home, whether due to limited financial resources or because they are allowing the children time to adapt to the divorce. How do you occupy the same space you once shared with your spouse as a family and make it work?
Perhaps one of you received the house during the division of assets, which can make your situation even more awkward. While you might imagine your life will now be filled with silence, icy stares, or arguments, you could be surprised to find that there are certain benefits to your current circumstances.
Even if your ex is now living across the hall, and even if you just went through an extremely contentious divorce, there are ways to make this work. When you and your ex (or the judge) determined the allocation of parental responsibilities, you were likely thinking about how it would work from two different houses. An Aurora, IL, allocation of parental responsibilities lawyer can offer compassion and resources to help you get through this time in the best way possible.
What Can I Do if My Lazy Spouse Is Awarded Spousal Support?
Across the nation, spousal support laws have been evolving, largely as a result of more women in the workplace. While spousal support (also known as alimony or spousal maintenance) for a wife – sometimes even permanently – was once the standard, this is no longer the case. You may feel as though your ex-spouse has no incentive to become self-supporting after being awarded spousal support. Perhaps he or she did not contribute financially during the marriage. You may also feel that you are financially unable to move forward with your life because of your spousal support payments.
What if your ex, in your estimation, is just lazy? Will you be saddled with spousal support for years, even decades? In 2019, Illinois made significant changes in the way spousal support is calculated, leaving less opportunity for the Court to order an unreasonable amount. If you are going through a divorce and need guidance and answers to your questions regarding IL spousal maintenance, a Batavia, IL spousal support attorney from The Law Office of Matthew M. Williams, P.C. can help.
Can I Force My Ex to Take Residential Custody of Our Teen?
Teenagers often make poor life decisions in the years before their brains are fully developed. In 2021, almost ten percent of the nation’s violent crimes were committed by teenagers. The rate of teen pregnancies in 2022 was 13.5 per 1,000 females. While this is a three percent drop from 2021, teen pregnancies and teen crimes are still a fact of life.
Even when teens are not committing violent crimes or facing teen pregnancy, they may be driving under the influence, experimenting with drugs, or committing less serious crimes. Parents who are married must handle these issues together, regardless of the cost – emotionally and financially. The situation may be different for divorced parents, especially for parents with residential custody.
How Do Child Custody Modifications Work in Illinois?
When you have children, things change, sometimes so rapidly that you can hardly keep up. Some of these changes require a custody modification and the only way to accomplish this is to file the paperwork and return to court, where a judge will determine the outcome of your request. After a long, drawn-out custody battle, the very thought of going back to court to make a change can leave you dreading the process.
If you are facing such a change, you can benefit from speaking to an experienced Batavia, IL child custody lawyer from The Law Office of Matthew M. Williams, P.C.. While it may not be the most enjoyable thing you have done recently, if a modification is in the best interests of your child, it is worth it. Your attorney can guide you through the process, making it easier and more comfortable for you.
How Often Can I Ask the Court for Custody Modification?
Custody is now known as the allocation of parental responsibilities and refers to which parent makes decisions for the child or if the decision-making is shared. The day-to-day issues of where the child lives or visits and which parent cares for the child are referred to as parenting time or placement. Courts generally avoid making changes so the child has stability in his or her life.
The Top Ten Strangest Divorce Settlements | IL
While one spouse often believes he or she got the worst end of the divorce settlement, in most cases, assets are divided either under state community property laws or equitable distribution laws. Illinois operates under equitable distribution laws, which dictate that marital assets are divided fairly, which may or may not mean equally. So what circumstances could cause what seems to be a totally bizarre divorce settlement?
Strange or disparate divorce settlements are sometimes the result of a prenuptial or postnuptial agreement. Others are the result of one spouse hiding marital assets. There are specific factors in place used by Illinois family court judges when determining divorce settlements, but if you feel as though you may get the short end of the settlement, speak to an experienced Oswego, IL divorce attorney from The Law Office of Matthew M. Williams, P.C. who will aggressively defend your rights while looking out for your future.
Do You Have a Clear Exit Strategy for Your Divorce?
While the figures differ, about 42 to 50 percent of first marriages end in divorce, while about 70 percent of second and third marriages end in divorce. Some spouses never see a divorce coming, while others have known for months, if not years, that divorce is inevitable. If you are aware that your marriage may end in divorce, it is always a good idea to be as prepared and proactive as possible.
In particular, if your spouse earns the majority of the income while you stay home with the children, you need to know exactly what your marital financial situation is and what you are entitled to receive. It is also important to know whether you are entitled to spousal support and how a child custody decision is likely to go.
You can get the answers to all your questions by speaking to a Yorkville divorce attorney from The Law Office of Matthew M. Williams, P.C.. We are fully committed to every client and will guide you through the divorce process to make it as simple and comfortable as possible.
3 Unique Considerations for Divorcing Physicians
Although every divorce has unique aspects, when those with professional careers divorce, there can be a few added layers of issues to consider. Physicians typically lead extremely busy professional lives, which can make it more difficult for them to have healthy marriages. When both spouses are physicians with tight schedules the divorce process can be extremely challenging. It can even be difficult for both spouses to show up for scheduled divorce appointments.
If you, or both you and your spouse are physicians, you need a very tailored approach to your divorce. Your North Aurora, IL divorce attorney from The Law Office of Matthew M. Williams, P.C. will represent your interests in court and handle all the divorce proceedings except those you must absolutely show up for. We will make the process easy and comfortable for you while aggressively fighting on your behalf to ensure the process is equitable in every way. There are many special considerations for physicians, and we will help you sort through each one.
Can I Ask Where My Children Are During Visitation?
If you were granted primary custody of your child, you may experience concern when the child has visitation with the other parent. These feelings of anxiety and concern could be because you are accustomed to having your child with you for much of the time.
They could also be because you do not fully trust your ex to take proper care of your child. Your ex may have a history of flighty behavior, a drug or alcohol problem, or could be so angry with you over the divorce and custody that you are not sure what they might do.
If you live near the child’s other parent, you might decide to do a little covert surveillance by driving by to see if they are home. If they are not, your anxiety may ramp up a few notches. Perhaps your ex has taken the child to a movie, or perhaps he has decided to leave the state with the child. You simply do not know, and not knowing can be excruciating.
There are certain ways to determine where your child is, but it is extremely important that you discuss the issue with your Batavia, IL child custody lawyer from The Law Office of Matthew M. Williams, P.C. before you do anything. Your attorney will know the best legal way to handle the issue and can give you support and encouragement as well.
How Does Child Custody Work in a Civil Union Divorce?
Custody determination, which is now known in Illinois as the allocation of parental responsibilities, can be a difficult time for parents going through a divorce. Since the distinctions between a civil union and a marriage can be somewhat fuzzy, parents in a civil union may be concerned about how that might affect their custody determination.
Illinois is one of only a handful of states that currently recognizes civil unions as an alternative to marriage. Since 2011, Illinois has allowed civil unions between two people of either the same or opposite sex who are not related by blood and who are at least 18 years old.
If you are in a civil union, you may wonder how it could potentially affect custody of your child and what you need to do to prepare. The most important thing you can do is to speak with a knowledgeable St. Charles, IL custody attorney who can help you sort out the details.
What if I Suspect My Child Is Being Maliciously Coached?
Far too often, children are dragged into a couple’s contentious divorce. One parent may even "coach" a child into saying something untrue about the other parent to get a better divorce settlement or a better custody agreement. This is sometimes known as "malicious coaching" and can also fall under parental alienation. Not only can malicious coaching destroy the relationship between the child and the falsely accused parent, but it can also teach children to be dishonest and manipulative.
When malicious coaching occurs, the child's feelings of love for both parents can be harmed. If you believe your child is being maliciously coached by his or her other parent, it is essential that you relay your concerns to your St. Charles, IL, child custody lawyer. Manipulation of a child is never okay, and your attorney will know how to bring the issue to light in the best way possible.