Recent Blog Posts
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.
Can Technology Help You During Divorce and Child Custody?
We have all been warned to avoid social media posting during a divorce or custody determination, and for the most part, we understand why and go out of our way to do so. Even the most innocent picture or post, taken out of context, can end up making a difference in the allocation of parental responsibility, spousal support, or another divorce issue. There are many ways, however, that technology can actually help you during a divorce and even afterward once you, your ex-spouse, and the children settle into your new lives.
While there are certainly many ways technology can cause trouble for you—particularly social media—below you will find some creative ways that technology can actually make everyone’s life easier. Another way to make your life simpler during divorce is to have an experienced, compassionate Aurora, IL divorce attorney from The Law Office of Matthew M. Williams, P.C. by your side from start to finish. Having an advocate in your corner really makes a difference in how you come through this difficult time.
What Can I Expect From Parenting Classes in a Divorce?
Parenting children is known to be an exceedingly difficult task. It requires energy, selflessness, an open mind, a listening ear, and extreme patience. Many parents work on themselves to do the best they can, and some manage fairly well. But even those parents might find themselves overwhelmed trying to parent a child after divorce. The coordination and communication required to co-parent with your ex-spouse can be extremely stressful and confusing. Learning to follow the parenting schedule alone can be a major source of frustration.
That is why parents who file for divorce in Illinois must attend parenting classes, which are designed to help prepare them for post-divorce parenting. This article will discuss what to expect from a parenting class in a divorce. Consult an Illinois child custody attorney about how to sign up for parenting classes.
How Do I Change My Child’s Name After an Illinois Divorce?
Changing a name is a significant and personal step for a person, especially after a divorce. When a spouse changes her last name back to her maiden name, it reflects a change in marital status. It also indicates a new personal identity and a change in the family dynamic.
A father or mother might also want to change the name of his or her child after a divorce. However, this is not as simple as a spouse changing her name. Because both parents by default have equal rights to their child under Illinois law, both of them must be involved in the decision to change the child’s name. Note that this does not mean both parents must agree to the name change; only that they must be involved, as we will discuss. Speak with an Illinois family law attorney if you are considering a name change for you or your child.
What Is the Legal Process for Changing My Child’s Name?
If you want to change your child’s name after divorce and your co-parent agrees, the process is fairly straightforward. You can complete a Request for Name Change (Minor), which you will both sign. After you file the papers with the county clerk, a date will be set for a court hearing where you will both be required to appear. The judge is likely to approve the name change unless he or she feels for some reason that it is not in the child’s best interest.
4 Things to Consider When Making a Parenting Schedule
Raising a child after a divorce can present certain challenges. These challenges can be behavioral, psychological, emotional, or logistical. For example, you may struggle with coordinating your child’s transportation between your home, your co-parent’s house, and the child’s school. You may also have trouble finding a compromise with your co-parent about who will have physical custody of your child during vacations and holidays.
To avoid such obstacles, Illinois law requires divorcing parents to submit a parenting plan to the court. This document contains, among other things, a parenting schedule that outlines which parent has physical custody of the child — referred to as parenting time — and when. It also details provisions for how the child will be transported between the parents and how each parent may communicate with the child when it is the other parent’s time.