Recent Blog Posts
When Does Spousal Maintenance End in Illinois?
When you are obligated to pay spousal maintenance, previously called alimony, you may be interested to know more about when your duty ends. Even if you are okay with it at first, spousal support may become annoying after years or decades of making payments. You may also become angry if you feel the support is unnecessary.
There are multiple ways spousal maintenance may end in Illinois. If you are frustrated with your obligation to pay and are interested in seeing if you can terminate the duty, contact us at Fay, Farrow & Associates, P.C. today.
When Does Spousal Support End in Illinois
Spousal support in Illinois can end for a number of reasons, including:
- Automatically based on the court order. Whether alimony is determined by a judge or agreed upon by you and your spouse, it can be set to automatically end after a certain number of months or years. This is a common arrangement when the maintenance is intended to help your ex-husband or wife get on his or her feet, including obtaining education or a new job.
How Will my Divorce Affect my Professional Practice?
Whether you are an architect, accountant, doctor, dentist, or another type of licensed professional, you are not an ordinary business owner. Much of your practice is based upon your skills, personality, and reputation. It is not a business that can run on its own while you manage things from afar or grow without your dedication and hard work. All of this means you may be particularly concerned with how a divorce could impact your professional practice. During your divorce, you will have to navigate your spouse’s potential interest in your practice while protecting it for the future.
Is All or Part of Your Practice Marital Property?
One of the most important questions regarding your professional practice during a divorce is whether any portion of its value or assets is marital property. If you began your practice during your marriage, it is highly likely that all or part of it is considered marital property. A common exception to this is if you and your spouse created a post-nuptial agreement stating the practice was separate from the marital estate. If you opened your practice prior to your marriage, there is a greater likelihood that a portion of it is not part of the marital estate. However, if the value of your practice increased during the marriage, your spouse may have a right to a portion of this appreciation.
My Spouse Unexpectedly Filed for Divorce. What Should I do?
It may be shocking when your spouse unexpectedly files for divorce and serves you with divorce papers, but you have to come out of your shock quickly. You do not have time to dwell on the sadness and anger you may feel before taking action. Instead, it is in your best interests to act quickly and contact an experienced Illinois divorce attorney from Fay, Farrow & Associates, P.C. We understand the divorce may have taken you by surprise, and we will help you prepare for the weeks and months ahead.
What to do When Your Spouse Suddenly Files for Divorce
If you are hit with an unexpected divorce, you cannot simply wait and see what happens. Despite your shock, you have to take steps to address the situation as best you can and protect your rights. You should:
- Call a lawyer: If you were served with divorce papers, you only have a certain amount of time to file your court appearance and respond. By contacting a divorce lawyer right away, you give yourself and your attorney a couple of weeks to review the situation and appropriately respond.
The Basics of Adoption in Illinois
If you live in Illinois and want to adopt, your options and the process are dictated by 750 ILCS 50/, known as The Adoption Act. However, your next best step is not to just read up on the law. As comprehensive as the statute is, it will not answer all of your questions. You should contact an experienced adoption attorney from Fay, Farrow & Associates, P.C. to learn about the law and how it applies to your situation. We can explain your rights and legal options as a potential adoptive parent.
Who Can Adopt in Illinois?
You are entitled to pursue adoption if you are a legally competent adult. Whether you are male or female, married or single, you can try to adopt. You are not required to have a certain level of education, type of career, or own a home. You are not prohibited from adopting based on having a disability. However, if you work with the Illinois Department of Children and Family Services (DCFS) or a private agency, you can expect your life, skills, and preparedness to be judged in regard to whether you are ready to be a parent.
Understanding Guardianship in Illinois
Family members and close friends often encounter situations in which they need to take care of each other. Sometimes grandparents have to raise their grandchildren. Sometimes adults have to care for their elderly relatives. Other times, siblings and cousins need to look after someone who is ill. During these times, legal guardianship may be appropriate. Yet guardianship is not appropriate in every situation. Contact our experienced Naperville guardianship attorneys at Fay, Farrow & Associates, P.C. to learn more about this relationship.
What is Guardianship?
Guardianship creates a legally binding relationship between a guardian, who must be a legally competent adult, and a minor or disabled adult. It places a great deal of responsibility on the guardian’s shoulders and ensures the minor or disabled adult receives the care he or she needs.
Actions to Avoid as a Father Seeking Custody
As a father, you have just as much of a right to custody of your children as their mother. Despite common misconceptions, there is no legal preference for moms over dads. However, as a father seeking all or a majority of parenting time and responsibilities, you will be put under a microscope. You may have to overcome deeply ingrained stereotypes such as fathers being less able to care for infants. To do this and show the judge it is in your children’s best interests to live with you, you should understand common pitfalls associated with dads seeking custody and how to avoid them.
Actions to Avoid as a Father Seeking Custody
If you are a father seeking all or a majority of parenting time and responsibilities in Illinois, consider avoiding these common issues:
- Moving out of the family home: If you move out of the home you share with your children’s mother and leave your children with her, it can sometimes be more difficult to drastically alter the situation. Think carefully before you choose to move out. If leaving is for the best, speak with an attorney first about getting a temporary parenting schedule in place.
Dealing with a High Conflict Spouse During Divorce
Has your spouse been consistently uncompromising during your marriage? Has he often blamed others for his problems and avoided responsibility? Does she lack self-awareness about her propensity for drama and conflict despite consistently receiving negative feedback? If you answered yes to these questions, you may be married to a high-conflict individual. Understanding what this means and the strategies to deal with him or her during your divorce can help you during this tough time.
Who is a High-Conflict Individual?
A high-conflict individual is someone who exhibits a pattern of behaviors that increase conflict instead of seeking to resolve it, according to Bill Eddy, LCSW, Esq., and founder of the High Conflict Institute. High-conflict people often exhibit certain behaviors, including:
What Should I Expect From Child Support Collections?
Not every parenting and child support situation is ideal. You may have been saddled with a child support bill that is more than you can afford. You may also feel unfairly targeted to pay support for a child you rarely see. At Fay, Farrow & Associates, P.C., we understand you may be in a difficult position right now and need help dealing with this child support order. Call us today to learn more about the potential consequences of not paying court-ordered support and how we can help you modify the current child support order or parenting time and responsibilities.
The Child Support Collections Process
When your other child’s parent attempts to collect child support, you can expect a fairly routine process. After not paying the ordered support amount for weeks or months, you will be summoned to court. You will also receive documents requiring you to submit your income information to the court. This may include providing copies of your previous year’s tax return and pay stubs.
When Should I File for Divorce?
Concluding a divorce that is right for you takes time. It may require months or years of soul-searching and of trying to improve your marriage. Yet even when you understand a divorce is necessary, you still have to ask yourself: When should I file? Life, particularly with children, is busy and chaotic. It is necessary to think about the timing of this major change in regard to what is best for you and how it may impact the legal process.
When is it Time to File for Divorce?
Overall, you should file for divorce when you are ready. There is never going to be a perfect moment to end your marriage. It will always be a difficult decision and time period for you and your family. However, once you know you are ready to move forward with a divorce, there are some factors to consider:
- Are you or your children in any danger? If you or your children are in danger due to physical or emotional abuse, speak with our experienced divorce attorneys right away. We will focus on getting you and your kids to safety and beginning the divorce proceedings as soon as possible. We can also help protect you and the children by seeking protective orders.
How Can I Change My Child Custody Schedule?
The parenting time plan you and your child’s other parent agreed upon when you divorced may not be right for your family forever. A few years down the road, your children are older, they may be participating in different activities, and you may have an entirely different work schedule. It is not surprising that you – or the other parent – may need to make adjustments to your parenting time schedule. To learn more about modifying parenting time and responsibilities in Illinois, contact the DuPage County parenting time lawyers of Fay, Farrow & Associates, P.C.
Modify Your Parenting Time by Agreement
If you and your child’s other parent agree it is time to alter the parenting time arrangement, then you have every right to create a new schedule. If you plan to change the schedule considerably, then you should contact an experienced parenting time attorney. When there is a current parenting time and responsibility order in place, it is best to have the changes approved by the court, otherwise your agreement is not enforceable in court. An experienced attorney can help you work out the kinks in a new parenting time agreement and get through the court process smoothly.