122 South County Farm Road, Suite A-West, Wheaton, IL 60187
630-358-9029
Recent Blog Posts
What Is Parental Kidnapping?
When you have a child custody order or agreement, you should be able to rely on your co-parent to follow it. If it is your turn to spend time with the children and your spouse does not show up, you might be left wondering what to do. Depending on the situation, you may initially assume that your co-parent has lost track of time and forgotten that there was supposed to be a custody handoff that day, or you may be very worried immediately. When you realize that your co-parent is not coming and is not answering his phone, you may become worried enough to call the police. If your co-parent has concealed your children from you without a court order, you need an experienced DuPage County, IL child custody attorney to help you change your parenting plan.
Understanding What Parental Kidnapping Is
Parental abduction is when one parent knowingly conceals the children from the other parent for at least 15 days without making reasonable efforts to notify the other parent. It can be frustrating for parents to wait 15 days without seeing their children to find out whether the police will treat the situation as a parental kidnapping. If your co-parent is giving you updates on where he or she is with the children during that time, your case might not be considered an abduction. However, if your co-parent has taken the children and fled with no plans to return them, he or she has likely committed parental abduction.
Does Gray Divorce Take a Heavier Financial Toll on Women?
As more and more older couples are choosing to end long-term marriages, a term has been coined to describe this trend – gray divorce. Those who divorce at the age of 50 or older are a part of this gray divorce trend. Research shows that baby boomers born between 1946 and 1964 are now divorcing more than any other generation.
When divorce rates from 1990 to 2021 are looked at, the divorce rates for those younger than 45 actually dropped, while the divorce rate for those over the age of 45 significantly increased. This increase was even greater among those who are 65 and older, tripling from 1990 to 2021. As the youngest baby boomers are approaching 60, and the oldest are looking at 80, the gray divorce trend does not show signs of slowing.
Unfortunately, women involved in a gray divorce appear to experience a greater negative financial outcome than men. If you are in a long-term marriage and are considering divorce, it can be beneficial to speak to an experienced Wheaton, IL divorce attorney from Hensley Sendek Law.
My Ex Abducted My Child and Left the State – What Can I Do?
When there has been an acrimonious divorce and a contentious allocation of parental responsibilities, the parent with parenting time (formerly known as visitation) might decide to take the child and leave the state – or even the country. If you are the primary residential parent and your ex has not shown up with your child after his or her parenting time, you may understandably be anxious and frightened. Even when it is done by a parent, child abduction is illegal as well as harmful to the child.
If you suspect your ex may be leaving the country, this site has many resources. If you believe your child has been abducted by his or her other parent, call the local police as soon as possible. The quicker the police begin looking, the more likely they are to find your child before he or she is out of the state or country. Your next call should be to your Warrenville, IL parental responsibilities lawyer. When you choose Hensley Sendek Law, you will have an attorney with a deep understanding of Illinois laws and the issues surrounding the parental abduction of a child.
How Can Divorce Mediation Benefit Children?
Divorce is often thought of as an ugly process. Anger and hostility often surface in high-conflict divorces, especially if the spouses engage in litigation. Fighting a court battle is costly, time-consuming, and almost certain to increase tension. Unfortunately, that tension often does not limit itself to the spouses and can have a spillover effect on their children.
However, there are steps you can take to ease the discomfort of divorce. One way is to hire an experienced Illinois divorce attorney who can guide you away from the legal pitfalls that many divorcing couples experience. Another popular way is by attending mediation, which can help relieve not only the couple’s mental and emotional strain but also that of their children.
Read on to find out more about mediation and ways it can benefit children.
What Is Mediation?
Mediation is a form of alternative dispute resolution, which means resolving a disagreement outside of court. It is so effective in helping couples reach divorce settlements that courts often order spouses to attend mediation right after they file for divorce.
Deciding Who Gets the House in an Illinois Divorce
Deciding who gets the house can be one of the most difficult parts of a divorce settlement. In Illinois, where state laws follow an equitable distribution model, several factors are considered to ensure that the marital assets are divided fairly. Below is an overview of how couples typically decide who keeps the house in a divorce. If you are considering divorce but are not sure how you will make this decision, speak with a seasoned Naperville, IL divorce lawyer to discuss further.
Equitable Distribution?
In Illinois courts, marital property - which includes the family home - is divided equitably rather than equally in a divorce. Various factors are considered in an effort to reach a division of assets that is fair, rather than equal. The goal is to achieve a fair allocation based on the circumstances of the marriage and the needs of each spouse.
High Asset Divorce in Illinois
Divorce can be complicated regardless of the specific circumstances. When the couple has a lot of money and valuable assets, the complications can intensify. Everything that needs to be addressed in any other divorce is part of a high asset divorce, but since the values in question are so high, the stakes can feel even higher than usual. If you have a sizable marital estate and are contemplating divorce, speak with a knowledgeable Warrenville, IL high asset divorce attorney who can offer you tailored guidance on how to protect your interests.
Equitable Distribution in Illinois
When a couple gets a divorce in the state of Illinois, marital assets are divided according to what is known as an equitable distribution. That means that, unlike the equal distribution used in some states, the division of assets will be based on what the court considers "fair" based on each person’s needs and contributions to the marriage. Instead of splitting the value of all assets in half and giving each spouse an equal portion, the court will take into consideration several factors, including:
What Can I Do If My Ex Stopped Paying Child Support?
Parents are generally left to raise their children however they see fit unless there is any reason to worry that they are harming them. Married parents can make their own decisions about how they will pay for the many expenses involved in raising children and can figure out their own arrangements for the child’s accommodation without needing permission from anyone external.
This freedom to raise your children without input from others changes when you get a divorce. Suddenly, there are court-mandated schedules and payment plans to be followed. You might grow to expect that what is included in the divorce settlement is what will happen in reality, and you might truly depend on monthly child support payments, budgeting around them. Unfortunately, sometimes one parent simply stops paying these without warning, which can leave the other parent scrambling to make ends meet. If your ex has suddenly stopped making their court-mandated child support payments, speak with a compassionate West Chicago, IL family law attorney who can explain your options for getting payments reinstated.
Potential Reconciliation? Putting a Pause on an Illinois Divorce
One of the most interesting and less commonly discussed topics of divorce is reconciliation. Couples fight and then make up all the time. Why should a married couple not be allowed to do the same? You might have thought your differences were truly irreconcilable, only to resolve your issues later on and put them behind you. What happens when the couple has already filed for divorce? In the state of Illinois, a couple can have their divorce withdrawn or paused if they decide they prefer to stay together. A qualified Warrenville, IL divorce lawyer can advise you on how you might want to proceed.
How Can We Pause Our Divorce?
If a couple has filed for divorce but both spouses think there is still hope to make amends, they have the option of putting their divorce on the reconciliation calendar. This means that their divorce proceedings are temporarily on hold, but this can only happen if both spouses request this and submit a reconciliation plan. This is a document that details how you and your spouse plan to examine whether reconciliation is possible.
Why Should I Establish My Paternity in Illinois?
When a woman gives birth to a baby, the state of Illinois automatically recognizes her as the mother. If she is married to a man during the birth, her husband also gets automatic legal recognition as the baby’s father without needing to take a DNA test or prove it in any other way. If the mother is single when she gives birth, there is no one automatically recognized as the baby’s father. That means that if you are a single man who conceived a child, you are not considered the father unless you go through a process of establishing your paternity. Having your paternity legally recognized is a good idea for several reasons that can impact you, the baby’s mother, and even your baby. If you are going to be a father soon and you and the mother are not married, an experienced West Chicago, IL family attorney can help guide you through the process of establishing paternity.
Should I Consider a Business Valuation Before My Illinois Divorce?
The division of marital assets and property that happens in a divorce is generally complicated to figure out. If either spouse owns a business, this is another matter that needs to be decided. Issues of ownership and business value will become important factors in any decision that will determine the fate of the business. If you or your spouse own a business, you should speak with an experienced Winfield, IL asset division attorney to see whether a business valuation might be a good step for you.
How Do Business Valuations Work?
When someone getting a divorce is a business owner, it is important to understand how ownership is determined. A business that was founded or acquired before the marriage is generally considered a non-marital asset and under the sole ownership of the spouse who founded or acquired it. If it began or was acquired once the couple was married or the other spouse contributed to the company, financially or otherwise, it might be considered a marital asset subject to division.
122 South County Farm Road, Suite A-West, Wheaton, IL 60187
630-358-9029
From our office in Wheaton, Illinois, we serve clients throughout the Chicago area including but not limited to Winfield, Warrenville, West Chicago, Glen Ellyn, Naperville, Lisle, Downers Grove, Lombard, Oak Brook, DuPage County, Kane County, Will County, and Cook County.
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