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Recent Blog Posts
Will a Judge Honor a Divorce Agreement?
Many spouses have agreements in place about how to handle a divorce, such as a prenuptial or postnuptial contract. These can lay the framework for how important issues like spousal support and property division will be addressed. However, you may be surprised to learn that a judge is not always obligated to honor a deal between spouses. With the help of an Illinois divorce attorney, you can make a legally binding marital agreement with your spouse.
At Pesce Law Group, P.C., we know just how complicated a divorce can get. Our family law attorneys are here to walk you through the steps of petitioning for divorce to make sure the process goes as smoothly as possible.
Is The Agreement in Writing?
A verbal agreement is not legally binding by itself. Of course, if you and your spouse agree on a particular issue – like who will get the marital home – then you can always settle outside of court in an uncontested divorce. However, if you are looking for a legally enforceable agreement, you will have to draft a pre- or postnuptial agreement in writing.
Why a Lawyer Is Important in a Divorce
For many people, getting a divorce is treading into unknown territory. With important issues on the line like property division and child custody, you only have one chance to get your divorce done right. Whether you expect to go to court or settle amicably with your spouse, an Illinois family law attorney can guide you through the process.
Having skilled legal representation at your side in a divorce can make a significant difference. At Pesce Law Group, P.C., our attorneys are qualified to handle your concerns in every area of your divorce. Throughout your case, we will keep you informed of your options and pursue a favorable outcome on your behalf.
Counsel and Advice
Every divorce comes with different challenges. If you do not know your rights, you run the risk of a less-than-ideal settlement or ruling. A skilled divorce lawyer can offer sound legal advice to protect your best interests, such as suggesting cost-saving measures like mediation.
Is an Inheritance Considered Your Separate Property?
An asset received through inheritance such as money, a family heirloom, or real estate can be incredibly beneficial. However, if you are married, you may wonder whether or not an inherited asset is your own separate property. There is not a straight yes-or-no answer to this question, and if you are concerned about the property’s identity, an Illinois family law attorney can provide you with legal advice.
Pesce Law Group, P.C. has extensive experience handling complex issues of family law, including inheritance issues. Even if you are not considering divorce, we can help you assert your property rights for your peace of mind.
The Difference Between Marital and Separate Property
In Illinois, all assets in a divorce are categorized as either marital or separate. These assets may include bank accounts, real estate, debts, personal property, and more. Separate property is not subject to division by the courts, and it includes assets acquired before the marriage or given to one spouse as a gift.
Common Concerns in a High Asset Divorce
If you and your spouse have substantial wealth tied up in your marital estate, the prospect of divorce might keep you up at night. Negotiating for a fair settlement in a high asset divorce requires a careful examination of your marital estate. An experienced Illinois divorce attorney can represent your best interests in and outside of court, fighting to protect your property.
At Pesce Law Group, P.C., we know how high the stakes can be in your divorce. When you work with our firm, we will provide you with legal counsel to help you safeguard your assets. Our attorneys have years of experience handling complex financial matters for spouses going through high-net worth divorces.
The Discovery Process
Discovery is the legal process of identifying all the assets in your marital estate, which is especially important if you have a lot of wealth pooled together in your marriage. This could include your shared bank accounts, real estate, vehicles, retirement accounts, or other valuable items like jewelry. During this process, you and your spouse can ask each other questions in writing about your assets, known as interrogatories.
When Is a Guardian Ad Litem Needed in an Illinois Divorce?
The matter of child custody can get quite complicated in a court of family law. When parents cannot come to an agreement about how parenting time and decision-making responsibility should be split, the court may appoint a special representative for the child. This representative is known as a guardian ad litem (GAL) and will investigate the child’s circumstances to help the judge reach a custody decision.
In some cases, a couple going through a divorce may hire a GAL of their own volition. In many cases, however, the court will choose to appoint one. During this process, an Illinois family law attorney can advocate for your and your child’s best interests. At Pesce Law Group, P.C., we can help you inform you of your rights as a parent and give you a voice during a custody hearing.
Allegations of Abuse
Illinois courts take allegations of child abuse very seriously. If a judge has any reason to suspect that physical, emotional, or sexual abuse is taking place in the household, he or she will send out a guardian ad litem to investigate.
Considerations for Special Needs Children in a Divorce
Any divorce with children should be handled with care. With special needs children, there are extra considerations that parents should take into account while the divorce is still ongoing. An experienced Illinois family law attorney can let you know what to expect and help you address problems as they arise.
At Pesce Law Group, P.C., we represent parents of special needs children in issues of family law. Attorney Don Pesce is certified to act as a guardian ad litem for a child’s best interests, which gives him the authority to make a recommendation to the court. When you work with our firm, we will do everything we can to protect your special needs child in a divorce.
Child Custody
In a divorce with children, the judge will assign custody according to the best interests of the child. For a smooth resolution, you and your spouse can draft a parenting plan outside of court that addresses the matter of physical and legal custody. If you and your spouse cannot agree on a parenting plan, the courts will investigate the child’s circumstances before making a final decision to split up custody.
Will I Go to Jail For Not Paying Child Support?
After a divorce with children, you may be ordered to pay child support depending on the custody arrangement. Child support payments typically last until the child graduates from high school or becomes an adult. As you might expect, these payments can put a strain on your finances. But unless there is a significant good-faith change to your circumstances, like an unexpected layoff, you will still be responsible for making those payments.
Failure to pay child support can come with serious penalties, including criminal prosecution. An Illinois divorce attorney at Pesce Law Group, P.C. can help you appeal for modification of the court order. The longer you avoid paying child support, the harsher the penalties, so taking swift action is important.
Garnishing Income
If you do not pay child support for an extended period of time, you could have the missing payments taken directly from your wages. Under state law, you can have up to 50 percent of your earnings garnished to be put towards child support payments, or 60 percent if you do not have other support obligations.
How a Lawyer Can Help With Your Divorce
Some people avoid seeking out a lawyer during a divorce out of fear that it would only complicate things further. Contrary to that belief, a skilled divorce attorney can make the process much smoother. With a strong attorney at your side, you can negotiate from a stronger position and cut down on the labor that goes into finalizing a dissolution of marriage.
At Pesce Law Group, P.C., we know just how complex divorce can be. Our dedicated Naperville, IL family law attorneys can help you at any stage of a divorce, and if necessary, we are ready to represent your best interests in court.
Legal Guidance
One of the most valuable things a divorce attorney can provide is counsel. It is unreasonable to expect every couple going through a divorce to know the ins and outs of the law, but a lawyer can easily fill the gaps with a comprehensive understanding of Illinois statutes.
How to Tell Your Spouse You Want a Divorce
Falling out of love in a marriage after a honeymoon period is not an uncommon phenomenon. The realization that things simply are not working can come as a shock, launching you into a crisis. Divorce is a sensitive subject, and it should be broached with care. You should brace for the possibility that your spouse will not react well. But ultimately, it is a conversation that cannot be avoided if you want to move forward with your life.
It warrants mentioning that if your spouse has a history of domestic violence, or if you have any reason to fear retaliation from your spouse, you should prioritize your own safety and take legal measures to protect yourself. A Naperville, IL family law attorney at Pesce Law Group, P.C. can help you plan for divorce, working towards a solution for the proper dissolution of your marriage.
Find an Appropriate Setting
The best place to break the news about your intent to divorce your spouse is somewhere private and comfortable. This might take place in your home, or a neutral spot like a local cafe, although the last thing you want is to cause a spectacle where you can feel the pressure of onlookers.
Does Illinois Protect Fathers’ Rights?
In the midst of a divorce or other pressing issues of family law, you may have concerns about your rights as a father. Certain questions might keep you awake at night, questions like Will I be able to see my children regularly? How can I be legally recognized as a father? How will the courts decide on custody?
If any of these worries resonate with you, it may be time to get in contact with a skilled Naperville, IL family law attorney who can inform you of your rights and represent you in court. Legislation around fatherhood is always changing, and knowing where your state stands on any particular issue can be immensely helpful. The attorneys at Pesce Law Group, P.C. are prepared to fight for you in and out of court, making sure your concerns do not go unheard.
Reasonable Parenting Time
In Illinois, both parents are entitled to reasonable time with their children, save for cases where "[the court] finds [...] that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health," which could result in restrictions on parenting time. When allocating parenting time (also commonly referred to as "visitation"), the court assumes that both parents are capable unless proven otherwise. The right to reasonable parenting time also extends to fathers who do not have decision-making responsibility, or legal custody.
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