Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

Plainfield, IL family law attorney order modification

The initial process of filing for a divorce and negotiating or litigating the corresponding terms is typically just the first stage of separation. Over time, both individuals’ and their children’s circumstances may change, which could justify a change in the agreement in order to be fair to both parties. There are many reasons why you or your ex-spouse might want to pursue a post-divorce modification. Regardless of the changes in mind, you should seek the assistance of a highly qualified divorce attorney. With his or her legal guidance, you will be able to better negotiate with your ex-spouse to achieve a favorable outcome.

Post-Divorce Modifications

Many circumstances can lead people to seek post-divorce modifications, but the following are a few of the most common. If the party who is paying spousal support loses his or her job, a modification may be necessary to reflect this change in income. Similarly, if a person is receiving rehabilitative spousal maintenance, a modification may be necessary to reflect the change in income once he or she finds a job and is able to properly support himself or herself. 

In many cases, the decisions a couple makes regarding parenting time might have problems from the start. A couple should refine their parenting time allocation to reflect the needs and desires of their children, and one party may seek a modification if he or she feels his or her amount of parenting time is unfair. Much of the decisions made about parenting time have to do with both spouses’ work schedules and lifestyles, so if there is a significant change on that front, an amendment to the agreement may be necessary. 

Child support terms are often altered through post-divorce modifications. If either spouse has a change in income, that can be reflected in a new agreement. It is unusual for a divorced couple to immediately agree on an adjustment to their child support agreement, and the modification can be made through mediation or in court. 

Contact a Will County Divorce Attorney

Divorce and the subsequent negotiations or legal battles can be costly and emotionally challenging, but a skilled Joliet, IL divorce lawyer can help ease the burden and make sure that your needs and rights are being protected to the fullest extent. At the Law Offices of Tedone & Morton, P.C., our accomplished divorce attorneys have years of experience protecting our clients’ best interests in their divorces. To learn how we can help you modify your court orders to reflect the changes in your or your ex-spouse’s circumstances, call our office today at 815-666-1285 to schedule your free consultation. 

 

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

 

Plainfield, IL parenting time attorney

Any aspect of divorce -- especially determining child custody and parenting time -- can be difficult to discuss and navigate. If you are trying to move out of Illinois with your child after a divorce, you might have difficulty justifying the move, but with skilled legal support, it is possible. Below is a guide for obtaining permission to move with your child, but it is also important to work with professional legal counsel. An experienced divorce attorney can help you convey the best argument to a judge if your ex-spouse contests your request to move.

Seeking Permission to Move

In Illinois, a parent who has the majority of the parenting time with their child or who shares equal parenting time cannot proceed with a move that would be considered parental relocation without receiving permission from the applicable family court. It is important to note that a move out of Illinois in which the new address is 25 miles or less from the child's current address is not considered parental relocation. Any out-of-state moves that exceed 25 miles from the original address will be subject to Illinois' parental relocation laws.

If you are planning a move that would be considered parental relocation, you must first provide written notice to your ex-spouse. A copy of this request must be filed with the clerk of the circuit court. Unless impractical, you must provide this written notice 60 days before your intended move. If you cannot give notice this early, you must provide the notice at the earliest possible date and have a valid reason for why this was necessary. Any notice must include the following:

  • The intended date of the relocation

  • The new address (if available)

  • The duration of the stay, if the relocation will be temporary 

If your ex-spouse approves of the relocation request, you may file a revised parenting plan with the court that contains any necessary changes to parental responsibilities or parenting time. If the judge agrees that these changes are in the child's best interests, the relocation request and modified parenting plan will be approved.

If your ex-spouse contests your relocation request, the court must then make a decision about how to protect the child’s best interests. This is where relocation requests can get particularly difficult, since parents may have different opinions on what they think is best for the child’s well-being. The judge will consider a number of factors in these cases, including your reasons for moving, the other parent's reasons for objecting to the move, your child's wishes, the educational opportunities available to our child at the proposed new location, the effect of the move on the child's proximity to extended family members, and how to reach a solution that will allow the child to maintain a positive relationship with both parents.

Contact a Plainfield, IL Parental Relocation Attorney 

After a divorce, a change of scenery may be beneficial. You may wish to move out of state with your child for a fresh start, to be closer to your family members, or to pursue a job. To ensure that you are making a persuasive argument for why your request to relocate should be granted, it is critical that you seek legal counsel. Meet with one of our experienced Will County divorce lawyers at the law firm of Tedone & Morton. Schedule your free consultation by calling us today at 815-666-1285.

 

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm

 

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Plainfield divorce mediation lawyer While most divorces come with significant stress and intense disagreement, the divorce process does not have to be an all-out war. Even couples who do not currently get along can make divorce less combative, time-consuming, and expensive by avoiding courtroom litigation. One way to accomplish this is through divorce mediation.

Divorce Mediation Process

In divorce mediation, spouses reach agreements on the provisions contained in their divorce decree by utilizing a third-party mediator. Divorcing couples do not have to be on ideal terms in order for mediation to be successful. They only need to enter the process with a positive mindset and a willingness to find common ground. A skilled divorce mediator will bring extensive knowledge of Illinois divorce law to the table, along with an ability to settle disputes effectively. This means keeping personal conflicts out of the mediation sessions and focusing solely on the business at hand. A mediator’s job is not to be a couple’s counselor. It is to achieve agreements that benefit both parties in their post-divorce life. That said, an adept touch in defusing potential arguments is a beneficial trait for a mediator to have. Divorce mediators address all issues relevant to spouses in crafting a divorce agreement. This includes the division of marital property, child custody, child support, and spousal maintenance. Spouses can adhere to exact state guidelines when it comes to asset division and future payments, or they can create their own arrangements specific to their situation. In mediation, a couple has complete control over what happens. In divorce litigation, it is the exact opposite, as a judge will base decisions on the information provided, with little room for nuance. For couples who have children together, divorce mediation can be the first step toward successful co-parenting. It reduces the amount of anger and resentment involved in the divorce process. By working together, you set a standard of cooperation, and your children are spared the negativity that often emanates from prolonged courtroom battles.

Choose a Plainfield, IL Family Law Attorney

At Law Offices of Tedone and Morton, P.C., we are prepared to help you navigate the divorce process, regardless of the level of disagreement between you and your soon-to-be ex-spouse. Our experienced Will County divorce mediation attorneys know how to bridge the gap between couples to create an effective divorce decree. To learn more about how we can help you today, call us at 815-666-1285 for a free consultation. Sources:

  • http://huffpost.com/entry/divorce-mediation-myths_n_831334

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Will County Estate Planning and Divorce LawyerWhen you are going through divorce proceedings, the property and assets that you and your spouse shared will have to be divided. In addition to myriad other legal ties that need to be broken, something you may not have considered is what will happen with your last will and testament. After all, the will you had drawn up during your marriage most likely does not reflect your wishes now.

Illinois law dictates that after a divorce is finalized, neither party will hold legal claim to anything that the former spouse had designated for him or her in their will. However, during the divorce, before the marriage is officially terminated, is a different story. If you were to pass away in the midst of your divorce proceedings, your spouse would still be entitled to whatever your current will states. Therefore, it is important to make needed changes as soon as divorce is filed.

What Revisions Should Be Made?

Experts say a divorcing party should revise his or her will and any other estate planning documents to ensure that any children or other family members are taken care of, along with any charities or organizations that they wish to include. If a spouse was previously named as the executor, that should also be changed. Parents should also name the person or people they would like to take custody of any minor children in the event of their death.

Can a Spouse Contest Will Changes?

It is possible for a spouse to fight against will revisions made during a divorce. According to the Illinois State Bar Association, another option is for the divorcing party to create a trust. While a spouse may be able to renounce a new will if their former partner dies before the divorce is finalized, allowing them to take over one-third of their soon-to-be-ex's estate, spouses are not able to renounce a trust. Putting assets in a trust will ensure that the former spouse would not get any percentage of these assets. However, the trust must not be in the divorcing party's name, and it must be funded prior to that party's death.

Taking Steps to Protect Your Assets During Divorce

Every case is different, and the Joliet, IL family law and estate planning attorneys at the Law Offices of Tedone and Morton, P.C. can help you determine what is best for your individual situation. Call 815-666-1285 to arrange a free consultation and discuss your options for protecting your assets during your divorce.

Sources:

https://www.isba.org/iln/2017/10/11/5-estate-planning-steps-divorcing-clients

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prenupMore and more couples are protecting their financial futures by signing a prenup before they get married. However, many of them are making certain mistakes that could hurt them rather than help them in the event their marriage does not work out. Here are some of the most common prenup mistakes to avoid.

No Independent Legal Representation

It is important for both parties to hire separate attorneys. This way, each attorney can help each party thoroughly understand the prenuptial agreement. It can be difficult for both parties to feel comfortable with the prenup parameters if they have the same attorney.

Allowing Emotions to Get in the Way

Sometimes, couples let their emotions get in the way and are unable to communicate and clearly think about what is right for their future. Couples should understand that a marriage is a financial partnership in addition to a romantic partnership. It is vital they view their marriage as a business transaction and try to put their emotions aside.

Continuing to Think About the Prenup

After couples have carefully designed a prenup and discussed it, they should sign it and move on with their lives. Rather than continuing to think about the prenup, they should focus on their engagement and marriage and hope they never have to think about their prenup again.

Not Wanting to Talk About It

It is true. Talking about a prenup is not as fun as talking about a wedding or honeymoon. However, by not talking about it, someone can be hurt in the future. It is imperative that couples communicate about what to include in their prenup and work together to design one that will protect them both if things work out. Failing to do so can lead to financial hardship in the future.

Failing to Disclose All Assets and Debts

The court may consider a prenup invalid if one party does not completely disclose all of their assets and debts. Therefore, it is vital that each party is forthcoming about all of their financial information in the agreement.

Waiting Until the Last Minute

Often times, couples wait until a few weeks or days before their wedding to sign their prenup. This is risky because one party can argue that they were forced into signing the agreement if a divorce does arise. If possible, prenups should be signed three to six months before the wedding.

Contact Our Plainfield Divorce Lawyers

To ensure your prenup is constructed properly and you do not make any of these common mistakes, reach out to our experienced Plainfield divorce lawyers at 815-666-1285 for a consultation.

Source:

https://www.huffingtonpost.com/david-centeno/10-common-prenup-pitfalls_b_4214860.html

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