Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

Posted on

Plainfield, IL divorce attorney parenting time

Whether you were never married, you are in the middle of a separation, or you are already divorced, co-parenting with an ex is a very challenging responsibility. This is especially true if you and your ex do not agree about parenting time, parental responsibilities, or other child-related issues. There is no one-size-fits-all approach to sharing custody of your child with an ex. However, there are some strategies that have proven to be helpful for many parents as well as the children in their care.

Take an Honest Look at What Is Working and What Is Not

You and your child’s other parent probably share at least one thing in common: You both want what is best for your kids. The end of the year can be a great time to evaluate what is working and what is not working regarding your co-parenting arrangement. If you decide that some changes would help things run more smoothly, you have the option of modifying your parenting plan. To do so, you will file a petition to modify the parenting plan with the court. Then, you and the other parent will attend a hearing in which you explain your reasons for requesting a modification. Illinois judges grant parenting plan modifications when they believe that the change is in the child’s best interests.

Consider Using Email or Text Communication if You Are Experiencing Conflict

If your co-parenting relationship is like that of most divorced couples, there is probably still a bit of resentment or anger between you and your ex. This can make effective communication difficult. One thing that has helped many co-parents communicate more effectively is technology. Email or text messages are often much less confrontational than in-person conversations. With a text or email, you can think about what you are going to say before you say it. This can help both parents avoid saying things they do not mean in the heat of the moment. There are also several computer and phone applications that can help parents keep track of child-related expenses, parenting time schedules, and other important issues. Furthermore, having a record of this communication can be very useful if parenting disputes do arise in the future.

Contact a Will County Child Custody Lawyer

Co-parenting with your ex-spouse can prove difficult, especially if you do not see eye to eye on child-related matters. If you are interested in modifying your parenting time or parental responsibilities, or you have other child custody concerns, a distinguished Joliet, IL family law attorney from the Law Offices of Tedone & Morton, P.C. can help. Call our Plainfield office today at 815-733-5350 or our Joliet office at 815-666-1285 to schedule a free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

Plainfield, IL family law attorney prenuptial agreement

Prenuptial agreements or “prenups” are often misunderstood. Some people assume that only the rich and famous can benefit from prenuptial agreements. Some even falsely believe that signing a prenup is a sure sign that the marriage will fail. Fortunately, the misconceptions surrounding prenuptial agreements and other types of marital agreements are slowly being replaced by facts. More and more individuals – especially young people – are choosing to sign prenups before tying the knot. 

Opening Up a Dialogue About Finances Before the Wedding

It is no secret that financial conflicts are common during a marriage. Many married couples report that disagreements about money are the source of most of their arguments. When you create a prenuptial agreement, you and your soon-to-be-spouse will disclose your assets, debts, income, and expenses. You will have the opportunity to discuss how these assets and debts should be managed during the marriage as well as what should happen if a spouse passes away or you get divorced. These discussions are not always pleasant, but being transparent about financial issues before getting married can help prevent future financial concerns from souring an otherwise happy marriage. 

Establishing Each Party’s Property Rights and Protection from Debt

In Illinois, property that is acquired during the marriage is marital property, and property acquired by a spouse before the marriage is considered separate or non-marital property. In a divorce, only marital property is subject to division. However, determining what property is marital and what is non-marital is much harder than it looks. Your prenuptial agreement will allow you to decide what property belongs to an individual spouse and what property belongs to the marital estate. A prenup also allows you to designate which spouse is responsible for which debts. If a party incurred any debt before even meeting his or her future spouse, it is only fair that the party who accumulated the debt is responsible for repayment.

Improving Estate Planning or Divorce Proceedings

The main goal of prenuptial agreements is to determine how divorce issues such as asset division or spousal maintenance should be handled if the marriage ends. Having a prenuptial agreement in place typically makes the divorce process go much smoother. However, a prenup offers many benefits outside of divorce. For example, prenups can be very useful for estate planning purposes – especially if a spouse is on his or her second marriage or has children outside of the marriage. Many individuals use prenuptial agreements to ensure that certain family heirlooms are passed down to children or grandchildren upon their death.

Contact a Joliet, IL Prenuptial Agreement Lawyer

Although most couples who get married expect to spend the rest of their lives together, planning for the unknown can help protect your rights. If you have questions about prenuptial agreements or are ready to get started on drafting your prenup, contact a knowledgeable Will County family law attorney from The Law Offices of Tedone and Morton, P.C. Call us today at 815-666-1285 to schedule a confidential consultation.

 

Sources:
https://www.huffpost.com/entry/destigmatize-prenups-not-just-for-rich-people_l_5f7df979c5b62e45eed528ce
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K503

Plainfield, IL family law attorney marriage invalidation

Illinois Family Law extends beyond divorce to encompass both annulment and prohibited marriage. Depending on the circumstances of your marriage, these laws may apply to you instead of general Illinois divorce laws. Even if you know what laws apply to you, family law is a complicated subject, so you should ease the stress of separation by finding highly qualified legal representation from a family law attorney in your area.

750 ILCS - Marriage Invalidation

In Illinois, family law does not include the term ‘annulment’ any longer. Instead, you will see and hear that marriages are ‘invalidated.’ If you or your spouse wishes to annul your marriage, one of you must submit a declaration of invalidity. To successfully invalidate your marriage, you must prove that:

  • A party, due to mental incapacity or because of the influence of drugs, lacked the capacity to consent and was forced into marriage by fraud

  • A party does not have the physical capacity to consummate the marriage by sexual intercourse and the other party was not aware of this

  • A party lacked approval from a parent, guardian, or judicial approval and he or she was 16 or 17 years old

  • The marriage is prohibited  

The petitioner must also request that his or her marriage be declared invalid within 90 days after learning of any of the conditions described above. The party does not have to directly claim that the marriage is invalid. Instead, his or her legal representation can claim it instead. 

The fourth condition that would invalidate a marriage, that the marriage in question is prohibited, applies to several situations:

  • Any marriage entered into while a party was still part of a legal relationship such as an earlier marriage or civil union

  • Any marriage between family, whether “the relationship is by the half or the whole blood or by adoption”

  • Marriages between uncles/nieces and aunts/nephews 

  • Marriages between first cousins

However, marriage between first cousins is not prohibited if both parties are 50 years old or older, or if one party files a certificate stating that he or she is “irreversibly sterile.”

Contact a Plainfield, IL Family Law Attorney

Family law cases involving marriage invalidation can produce a considerable amount of conflict depending on the circumstances. To help prevent feeling overwhelmed and to pursue an outcome that is favorable to you, reach out to a Will County family law and divorce lawyer at The Law Offices of Tedone & Morton, P.C. We will put our experience representing clients in all manner of Illinois law to provide you with thorough and empathetic representation. To schedule your free consultation and learn more, call our Joliet office today at 815-666-1285 or our Plainfield office at 815-733-5350.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3000000&SeqEnd=3700000

https://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+II&ActID=2086&ChapterID=59&SeqStart=900000&SeqEnd=3000000

 

Plainfield parentage attorney VAP

In Illinois, when a child is born to a married couple, the husband is presumed to be the father of the child by law. However, paternity can and should be established even if a couple is unwed. The father’s name cannot be added to the child's birth certificate until paternity is confirmed. If the identity of the biological father is not in question, both parents can sign a Voluntary Acknowledgement of Paternity (VAP). This will ensure that both parents can share in child custody and parenting time. It can also ensure that a child will receive financial support from both parents. Whether you need to establish paternity through a VAP or other methods, or if you have other concerns regarding child custody or child support, you should work with a skilled family law attorney to protect your parental rights and ensure that your child can maintain a relationship with both parents.

What Is a VAP?

If a couple is unwed, or if a person other than the mother's husband is the child's biological father, a VAP legally establishes paternity. In addition to protecting parents' rights to share in responsibility for raising the child and ensuring that the child can receive child support, establishing paternity can also provide a child with financial security in the form of Social Security benefits if a parent is deceased or disabled, inheritance rights, health insurance benefits, and more. A child will also be able to access his or her family’s medical history at some point later in life if any health issues come up. 

A VAP can be signed by both parents and submitted to the Illinois Department of Healthcare and Family Services (HFS). VAP forms can be obtained at: 

  • Hospitals

  • Local child support offices

  • The HFS or Division of Child Support Services (DCSS) website

  • Any Department of Human Services office

  • Any county clerk’s office

  • Any state or local registrar’s office

Before signing a VAP, it is important for parents to understand their rights and responsibilities with the help of an experienced family law attorney. There is no time limit for completing a VAP, and it can be filed at any time following the child's birth. Any parents who are not legally married can submit a VAP, including minors (who do not need the consent of their parents or guardians) and non-US citizens as long as their child was born in the United States.

Contact a Joliet, IL Family Law Attorney

Studies show that a child benefits from having a relationship with both parents, regardless of whether they are married. The circumstances of your relationship aside, seeking the assistance of a Will County paternity lawyer will ensure that all of the legal aspects of parentage are handled properly. At the Law Offices of Tedone & Morton, P.C., we have years of experience advocating for our clients in all matters of family law. To learn how we can help you, call us today at 815-666-1285 to schedule a free consultation.

 

Source:

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx

 

Posted on

shutterstock_526811452Spousal support, or alimony, occurs when one spouse pays another in a divorce. The purpose of alimony is to reduce any unfair economic advantages one spouse has over the other.

Courts will evaluate the financial situation of each spouse before and after the divorce in order to determine alimony eligibility and amount. We have compiled this list of six of the most common misconceptions about alimony so that you can gain a greater understanding of what it is and how it works.

Men are always the ones paying alimony. In the past, it was common for men to pay alimony. However, since more and more women are the primary breadwinners in today's society, it is becoming more common for women to pay alimony to their husbands.

  1. Alimony is permanent. Contrary to popular belief, alimony is based on the length of a marriage and does not last forever. In many cases, it is only awarded for a short period of time. It may stop once a spouse reenters the job market and is able to support themselves without any assistance.
  2. There cannot be any changes made to an alimony agreement. Alimony can be modified for several reasons. For example, if circumstances change and the spouse paying alimony loses their job or the spouse who is obtaining it increases their income, an alimony modification is a possibility.
  3. Alimony is awarded in every divorce case. Most people wrongly believe that alimony is always awarded in a divorce. The truth is that it is more common for both spouses to have an education and career, making alimony inapplicable in some cases.
  4. There are no taxes associated with alimony payments. Alimony should not be viewed as free money with no strings attached. The recipient must pay taxes on it and the payer can deduct taxes. A spouse should use it to help transition themselves rather than depend on it for the rest of their life.
  5. The spouse that filed for divorce will not qualify for alimony. Although the judge will be aware of which spouse filed for divorce, this information will not be taken into consideration when trying to determine whether alimony should be awarded. The judge will also disregard who is at fault for the divorce when figuring out alimony.

Contact Our Plainfield Spousal Support Lawyers

Alimony can be difficult to understand. If you would like more information about alimony laws in Illinois or are seeking legal representation for your divorce case, call our experienced Plainfield spousal support lawyers at 815-666-1285 for a personalized consultation.

Source:

https://www.irs.gov/taxtopics/tc452

  • Badges and Associations
  • Badges and Associations
  • Badges and Associations
Back to Top