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Posted on in Children

parenting time, Kane County family law attorneyIt is not easy to be a parent. When you are unmarried, divorced, or separated, and the other parent has been awarded the majority of the parenting time, you may face serious difficulties in being the parent you wish to be. In an ideal situation, you have the right to reasonable parenting time—formerly called visitation—with your child, but reality is often far from ideal. You may be dealing with certain struggles of your own, and, as a result, the court may have placed restrictions on the time you have with your child. While parenting time restrictions may be challenging, they are not necessarily permanent, and you have the ability to work toward the restoration of your visitation rights.

Recognize and Accept the Reasons

Under Illinois law, the court cannot arbitrarily restrict your parenting time rights without proper justification, and proper justification requires more than just the word of the other parent. The court will only place restrictions on your time with your child if the court is convinced by a preponderance of the evidence that you engage in conduct which places your child in serious physical, mental, emotional, or moral danger. As such, the court must specify its findings and identify the behaviors it finds objectionable, including drug or alcohol abuse, physical or psychological abusive actions, or your relationships with certain individuals who may pose a threat to your child. Once you know what the problems are, you can begin working toward resolving them.

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Posted on in Divorce

stonewalling, Kane County divorce attorneysHave you ever been engaged in a conversation with another person and it feels like you are talking to a proverbial brick wall? Your conversation partner might turn away from you, refuse to make eye contact, cross their arms, or even sigh in exasperation. He or she might stop responding to questions and withdraw from the conversation completely. This type of behavior is known as “stonewalling,” and when it occurs on a regular basis in a marriage, serious trouble may lie ahead. Breakdowns in communication are among the most common factors in a divorce, so it is important to recognize when you are being stonewalled by your partner.

Why Do People Stonewall?

Individuals who exhibit this behavior do not usually shut down for no reason. There are many things that could trigger stonewalling behavior. Clinical psychologist Mary Spease, PsyD says that a person stonewalls when they feel too overwhelmed to continue interacting in the conversation. The individual may be experiencing too many thoughts and emotions to make sense of them, so they mentally retreat. In cases like these, the stonewaller just wants she wants the uncomfortable conversation to end and to avoid escalating the situation further.

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prenuptial agreement, Kane County family law attorneyWhen you think about prenuptial agreements, you may picture a wealthy, high-profile individual looking to protect his or her assets before he or she gets married. While prenuptial agreements are most definitely useful in providing security for one’s finances in the event of a possible divorce, their power is not completely unlimited. Before you sign a prenuptial, it is important to understand their limitations and to enlist the help of a qualified family law attorney.

A Prenuptial Agreement Cannot Be Too One-Sided

The Illinois Uniform Premarital Agreement Act contains provisions regarding powers and limitations of such agreement in the state. There are several potential grounds upon which a prenuptial agreement may be found to be unenforceable, including deception by one spouse or that the agreement was signed under duress or coercion. An agreement will also be set aside if the court finds the terms to be unconscionable.

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Posted on in Divorce

name, Kane County family law attorneyIn today’s culture, it is still rather common for a woman to take her husband’s last name when they get married. A person in same-sex marriage may also change his or her last name to match that of their partner. Following a divorce, those who have changed their names may wish to change them back again, so as to demonstrate a clean break from their former partner and an emphasis on new beginnings. In most cases, reverting to a previous name is not particularly difficult for an adult.

Sometimes, however, a parent may also wish to change his or her child’s last name after the divorce as well. According to Illinois law, the process of changing a child’s name is much more challenging than that for an adult, as a child’s name is a large part of his or her identity.

Understanding the Law

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Posted on in Divorce

stock options, Kane County family law attorneyAs with other assets in a divorce, stock options are generally divided based on the consideration of how and when they were acquired. The specifics of a person’s stock options may vary, and, at the time of the divorce, the spouse may or may not be able to exercise the option to buy. This often depends on whether to right to exercise the options has vested or not. How stock options are handled in a divorce may also be affected by whether the options were given as compensation for past, current, or future efforts.

In most cases, Illinois law treats stock options as marital property during a divorce—regardless of vesting status—if they were acquired subsequent to the marriage but before the divorce. When determining how stock options should be divided, the court will generally take into account how the stock options were acquired and the time it will take for the options to be exercisable.

Dividing Stock Options

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