The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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Recent Blog Posts

3 Ways to Protect Your Child During a Divorce

 Posted on June 27, 2024 in Children of divorce

Aurora, IL divorce lawyerIt is well-known that children can be negatively affected by divorce. Some of these adverse effects can be short-term, like withdrawn behavior or a drop in grades. Divorce can also have long-term effects, such as difficulty developing healthy relationships.

Therefore, many parents who get divorced want to know how they can shield their children from the impact as much as possible. While your child’s reaction and behavior are not fully under your control, there are steps you can take that might minimize the harmful fallout from your divorce. It is always a smart idea to hire an Illinois divorce lawyer who will focus on your child’s best interests throughout the divorce. This can make the divorce process and your post-divorce life smoother.

Here are three ways to protect your child during a divorce.

Avoid Negativity

Children have a hard time understanding why their parents suddenly do not want to live together. After all, if parents love each other and share a life together, how can that life just end? You can help manage your child’s confusion by avoiding expressions of negativity, especially ones about your co-parent. No matter how hostile the divorce might be, try to avoid badmouthing your ex-spouse, which will make the divorce even harder to process for the child.

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How Does Divorce Mediation Work?

 Posted on June 22, 2024 in Divorce

Kane County, IL divorce mediation lawyerDivorce is thought of as a negative and unpleasant process. It is true that there are some amicable divorces where the parties agree on all the issues and part ways as best friends. But studies show that on average, 72 percent of the emotions that are experienced during divorce are negative. These emotions often get in the way of spouses agreeing on certain issues like child custody and property division.

Mediation is a great way to cut through the emotional noise and bring divorcing parties to a compromise. Most couples who attend mediation for their divorce end up coming to a settlement agreement, which is why judges usually order couples to attend mediation before fighting their issues out in court.

While mediation is a popular method of alternative dispute resolution, it is not effective in every case. Consult your Illinois mediation attorney to find out if mediation is right for your divorce.

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Is it Kidnapping If My Ex Moves My Child Out of Illinois?

 Posted on June 18, 2024 in Child Custody

Kendall County, IL child relocation lawyerA difficult thing for many parents to get used to after divorce is having to obtain consent from each other for certain actions regarding their children. This includes taking a child out of state. If a parent wants to take the child to Disney World in Florida, for example, he or she needs to get the consent of the other parent. If that consent is not given, the parent who wants to take the child away can try to get a court order approving the travel.

The procedure becomes even more strict when it comes to relocating the child out of state lines, which means moving his or her place of residence outside Illinois. The consequences for failing to follow this procedure can be severe. If your ex has moved your child out of Illinois without your consent, it may be considered child abduction and you should contact an Illinois child relocation attorney right away.

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Do I Need to Take a DNA Test to Prove My Fatherhood in Illinois?

 Posted on June 16, 2024 in Paternity

Kane County, IL paternity lawyerIllinois law places equal importance on both the mother’s and the father’s roles in a child’s life. A father is considered just as necessary as a mother and has the same rights and responsibilities as a mother does.

However, sometimes it is unknown who a child’s father is. A man is automatically recognized by Illinois law as a child’s father if he is married to the mother within 300 days of the baby’s birth. Otherwise, the father must go through a legal process called establishing paternity, which is best done with the help of an Illinois paternity lawyer. When someone establishes paternity, he is officially telling the State of Illinois that he is the father of a child.

How Do I Establish Paternity?

There are three ways to establish your fatherhood in Illinois:

  • You and the mother can both sign a Voluntary Acknowledgement of Paternity (VAP). This is a form you can find online or at a medical facility that delivers babies.

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Can I Appeal a Child Support Order After an Illinois Divorce?

 Posted on June 10, 2024 in Child Support

Kendall County, IL child support modification lawyerWhen a judge decides who should pay child support and how much, he or she issues a child support order. A child support order is a court document that contains the details of the judge’s decision, including:

  • Who must pay child support

  • The amount of the payments

  • How often each payment must be made

It is common for parents to want to appeal a child support order, especially if their circumstances have changed. However, courts are reluctant to make any changes to a child support order, particularly within the first two years. That is why an experienced Illinois attorney should handle your appeal, which is also known as a request to modify the child support order.

This article will discuss how judges issue child support orders and when you can request a child support order modification.

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Will Self-Employment Affect My Divorce in Illinois?

 Posted on June 07, 2024 in Divorce

IL divorce lawyerWhen you file for divorce in Illinois, it is not only your marriage that comes under scrutiny. If your divorce is contested — meaning you and your spouse do not agree on something related to the divorce — then many details about your life will be looked at by a court. These might include the assets and property you own, your debts, a criminal record if you have one, your income, and your employment status, to name a few.

This can make the process slightly more complicated for spouses who are self-employed, which is why a self-employed spouse should consult a competent divorce attorney about what to expect throughout the legal process.

What Types of Self-Employment Are There?

If you are self-employed, it means that you work for yourself. This can take one of several forms:

  • You work in the gig economy, such as a rideshare driver.
  • You own a business.
  • You are a freelance worker.

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3 Things Not to Do During a Custody Trial in Illinois

 Posted on May 30, 2024 in Child Custody

Batavia, IL child custody lawyerCouples who file for divorce and disagree on certain issues like child custody are usually ordered by a court to attend mediation. Mediation is a form of alternative dispute resolution where many couples are able to resolve their differences outside of court.

But sometimes, mediation is not appropriate or fails to achieve the desired result. In that case, the couple proceeds to litigation, where they fight their dispute out in court. Court battles are costly and can be messy, which is why it is important to have an experienced child custody attorney representing you.

The right attorney will coach you on the do’s and don’ts of litigation. Here are three things to avoid doing in a custody trial in Illinois.

Disparaging the Other Parent

Emotions usually run highest in disagreements over children. Custody battles, therefore, often become hostile. You may be tempted to disparage the other parent in court or on social media. But doing so can reflect poorly on you. The court is looking to see which parent is most aligned with the child’s best interests. If a judge gets the sense that you are vindictive and might alienate the child from his or her other parent, that can help the case swing in the other parent’s favor.

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What if My Spouse Refuses to Sign the Divorce Papers?

 Posted on May 21, 2024 in Divorce

North Aurora, IL divorce lawyerAll divorces are not equal. Some divorces happen after a long, gradual decline in the marriage so that by the time one spouse files for divorce it is no surprise. In such cases, it is not usually difficult to get the other spouse’s signature on the divorce papers. But some marriages explode suddenly, often due to an event like an affair, and a spouse files for divorce in the heat of the moment. Times like this are often when some spouses refuse to sign the papers.

Courts understand that spouses many times do not agree to get divorced, so there is a legal procedure to follow in such cases. This article will discuss that procedure and the importance of consulting an Illinois divorce attorney as soon as you decide to dissolve your marriage.

What Is the Procedure When a Spouse Refuses to Sign?

The first step in a divorce is filing a Petition for Dissolution of Marriage with the Circuit Court Clerk. Your spouse is then served with a copy of the petition and given 30 days to respond. If he or she refuses to do so, then:

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What Does it Mean if My Parenting Time is Supervised?

 Posted on May 20, 2024 in Allocation of Parental Responsibilities

Oswego, IL parenting time lawyerIllinois law refers to the time during which a parent has physical custody of his or her child as parenting time. Sometimes, a judge will order that a parent’s parenting time must be supervised. This can be difficult for a parent to process. It is never easy to know that your parenting time with your child will be restricted.

This article will discuss what it means when parenting time is supervised and why it is sometimes ordered by courts. For any questions regarding supervised parenting time, it is always best to consult an Illinois parenting time attorney.

What is Supervised Parenting Time?

The specifications of parenting time — such as scheduling and transportation for the child — are set in a document issued by a judge called a custody order. The judge’s main objective when issuing the custody order is that it is in the child’s best interest. If there is any possible danger to the child’s well-being by either parent, the court will take steps to protect the child. One of those methods is supervised parenting time.

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5 Tips for Talking to Your Kids About Divorce

 Posted on May 16, 2024 in Divorce

You and your spouse have decided to get divorced. Your first step is to call an Illinois divorce attorney to schedule a consultation. After that, it is time to break the news to your friends and family — that includes the kids.

Talking to children about divorce is a daunting task and should be handled delicately. Research shows that children are more affected by their parents’ divorce than their parents. But even though your divorce will never be a happy thought to your kids, the way you break the news to them can set the tone for how they will process it.

While there are many parenting tips, here are five pointers for talking to your kids about divorce.

Do it Together

You and your spouse should break the news together. One reason for this is that the children will see a united front and know that this decision is coming from both of you, even if it is not. It can be comforting to a child to know that both parents feel this is the best path forward. Another reason is that while you are telling the kids that life will change, sitting beside your spouse shows some stability.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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