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St. Charles, IL divorce lawyerAccording to the National Coalition Against Domestic Violence, approximately 20 people are physically abused by an intimate partner every minute. Statistics gathered by Illinois domestic violence advocacy organizations reveal that domestic violence also continues to rise in the state of Illinois, which saw a 40 percent increase in requests for services last year. More than 40 percent of women in Illinois and 25 percent of men say they are survivors of domestic violence.

If you are a domestic violence survivor who is seeking to leave your abusive partner, it is imperative for your safety and your children’s safety to take the necessary steps to protect yourself. A Kane County divorce attorney can help. One of the first things your attorney can do is help you obtain a protective order against your abuser. 

Emergency Orders

When the survivor is facing an imminent risk of harm, they can file for an emergency order of protection. In these situations, the alleged abuser is not notified of the requested hearing or given a chance to object to the petitioner’s request in order for the court to issue the order. Typically, the emergency order will be in effect for 14 to 21 days, but when the court issues the emergency order, it also schedules a hearing for a plenary (long-term) order before that expiration date. If the hearing cannot be scheduled before the expiration date, the court will extend the emergency order’s date.

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Kane County divorce lawyerAlthough the divorce rate has somewhat decreased over the past few years, it is still high. Approximately half of all first marriages in the United States end in divorce. Sixty percent of all second and 73 percent of all third marriages also end up in divorce court.

One of the major issues that divorcing couples need to decide is how their marital estate will be divided between the two of them. This can be difficult enough, but when one or both spouses own a business, that equitable division of assets can become very complicated. This is just one more reason why anyone going through a divorce should have a skilled divorce attorney advocating for them.

Is a Business Marital Property?

If the business was formed while the couple was married, the court will likely rule that the business is a marital asset. This applies no matter what type of business structure – partnership, LLC, or corporation – that the business was formed under.

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 St. Charles, IL divorce attorneyThere is no denying that divorce and all it entails takes a heavy emotional toll on a family, especially on the children. But not every divorce needs to be a contentious one. In fact, more and more couples are realizing the benefits of using mediation as a major component in the divorce process. A mediation attorney from our law firm can explain how this less stressful and friendlier process can be used to obtain resolutions to issues of child custody, division of assets and property, spousal support, and more. Below is a brief overview of how divorce mediation works. Call our office for more details about how it could work in your situation.

Mediation Process

The goal of mediation is to avoid having to litigate your case and go to trial. Not only does this cut down on the emotional side of divorce, but it also helps the financial side. It is recommended that both spouses still have their own attorneys during mediation because there are legal requirements that Illinois family law statutes may require that could affect the agreement you and your spouse come up with. Having your own attorney also ensures your rights are protected and you are not being taken advantage of by the other party.

You and your spouse will work with your attorneys to identify which issues need to be addressed, share what ideas you both have on how they should be addressed, and work towards meeting an agreement on those issues. When it comes to child support, the state has its own guidelines which must be followed; however, you and your spouse can work out an agreement for those expenses that child support does not always cover, such as the costs of extracurricular activities your child may be involved in.  

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St. Charles Family Law AttorneyOn January 1, 2020, recreational marijuana use in Illinois became legal. Although this law means that a person could no longer be criminally charged for possessing cannabis, it did not address how family courts should address the issue when it comes to parental responsibility and parenting time issues, except to say that marijuana use, like alcohol use, cannot in and of itself be considered when making decisions about custody. 

The Best Interest of the Child Standard

When an Illinois family court judge is determining child custody, their decision will be based on the best interest of the child. It is generally accepted by the majority of judges that a child’s best interest is served best when both parents are actively involved in their life. There are exceptions to that, however, such as in cases where the welfare of the child could be in jeopardy because of the actions or behaviors of a parent.

One of the most common of these exceptions is substance abuse. When a parent struggles with a substance abuse issue, the court often imposes certain restrictions on how much and/or the type of parenting time the parent will have with the child.

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Kane County divorce lawyerYou have finally made the difficult decision to end your marriage but now you are unsure of how to begin the process. Dealing with the emotional aspects of a divorce can be hard enough, and the stress and worry about your future and your children’s future can feel overwhelming. But the steps you take at the beginning of this process can go a long way in protecting that future, especially the financial side of it. The following are some steps you can take to begin the divorce process while protecting yourself financially. For more details, contact a Kane County divorce lawyer.

Get Legal Advice

The first thing you should do before moving forward is speak with a qualified divorce attorney. Even if you think your divorce is going to be friendly because you and your spouse are on the same page when it comes to child custody and family finances, it is important to understand that once that divorce petition is filed, the process can quickly become a contentious one. Having an attorney dedicated to your best interests will ensure you are protected should this occur.

Protect Financial Accounts

Money can cause people to act in ways you may never expect. At our law firm, we have heard many stories from clients whose spouses wiped out their bank accounts as their marriage was falling apart. Contact your financial institutions to amend all of your accounts to now require both your and your spouse’s signatures in order to make any withdrawals. Once the divorce petition is filed, the court can issue a temporary restraining order that prohibits either spouse from moving or selling assets.

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