Posted on July 01, 2017 in 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.

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 Posted on June 01, 2017 in Divorce

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

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.

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 Posted on June 01, 2017 in Divorce

There are instances when your child may end up living with someone other than you or their other parent. This can happen when your child prefers to live with a grandparent, aunt or uncle, or adult sibling. It may happen when the other parent is no longer able to care for your child. Many families make informal arrangements like this. However, if you are paying child support to the other parent, then your support might not be going to the right place. To learn about your options, contact the experienced family law attorney from Fay & Farrow

When your child lives with another adult besides you or the other parent, then you may want to return to court to obtain authority for decision making and parenting time. Courts prefer children to live with one of their parents whenever possible. If the other mom or dad cannot take care of your son or daughter right now, then you have the right to seek all or a majority of parenting time and responsibilities. The judge will look at the best interests of your child when deciding on each of your parenting responsibilities and time.

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 Posted on June 01, 2017 in Divorce

Once you or your spouse file for divorce, the reality of the situation sets in. You are going to have to walk into a courtroom and hash out the details of your new and separate lives. This can be incredibly intimidating if you have little or no experience with the court system. That is why it is best to work with an Illinois divorce attorney and discuss what court is like. By preparing for the hearings you need to attend, you can ease some of the stress and worry. For more information, contact the DuPage County divorce lawyers of Fay & Farrow today.

Anticipating Court Appearances

You may not need to attend court every time your attorney does. Some court dates will be check ins, marking the progress of your case. During these scheduled court dates, your appearance may not be required. However, you and your spouse may need to attend hearings requiring evidence and testimony. Usually, these are the days where you argue your position on an issue or expect the judge to make a final decision.

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 Posted on June 01, 2017 in Divorce

When a marriage runs its course, most spouses have it dissolved through divorce. This legal process ends the connection between the spouses and gives them a place to work out relevant issues like the division of assets, parenting time, parenting responsibilities and support. However, there are rare circumstances in which the best thing for an individual to do is ask for an annulment, which Illinois calls a declaration of invalidity.

The Difference Between Divorce and Annulment

A divorce recognizes a marriage existed for a period of time and has now ended. The marriage was valid while it occurred. An annulment, or declaration of invalidity, finds that a marriage was never valid in the eyes of the law. This makes it as if a legal marriage never took place at all.

Reasons for an Annulment in Illinois

Under Illinois law 750 ILCS 5/301, a declaration of invalidity for a marriage is only possible in a few specific situations:

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 Posted on May 01, 2017 in Divorce

Being in the military is a challenge, whether you are stationed in the states or deployed abroad. It is a demanding and difficult career that puts a great deal of stress on you and your family. Unfortunately, due to the unique rigors of military life, you and your spouse may decide to divorce. If this decision comes while you are deployed overseas, a relatively straightforward process becomes complicated. Both you and your spouse need to work with attorneys who understand the law regarding divorce and deployment.

If you need representation while you are away, contact the DuPage County divorce lawyers of Fay & Farrow We can explain your rights during this time and help you weigh your options.

You Have the Right to Proper Service of Process

When you are deployed overseas and your spouse wants to move forward with a divorce, your spouse must properly serve you based on the laws of where you are currently deployed or a relevant international treaty. Service of process abroad can be tricky, but it is a legal requirement your spouse must fulfill. You should speak with an attorney to ensure the paperwork you receive was sent properly. If not, you will either need to waive process or have your spouse try again. If you also want the divorce or to make things easier for your spouse, you can waive formal service of process from the beginning.

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 Posted on May 01, 2017 in Divorce

When you or your spouse makes a request for spousal maintenance, it is in both of your best interests to be upfront about your finances. However, spouses who are afraid of paying spousal maintenance may try to hide assets and/or income to make it look like they cannot afford a high amount. Additionally, spouses who wish to receive spousal maintenance may hide assets and/or income to make it appear that a greater need for maintenance exists. These deceptive tactics can be uncovered during the divorce.

Illinois Spousal Maintenance Law

In Illinois, a judge must first decide whether spousal maintenance is appropriate. There are a number of factors the judge will look at established in 750 ILCS 5/504, including the income and property of each party. If the judge determines support is appropriate, the next step is to define the amount and duration. If you and your spouse have a combined income of $250,000.00 or less, then Illinois law outlines the guideline amount to be paid. However, if your combined incomes are greater than $250,000.00, then the judge has discretion in the amount and duration.

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 Posted on May 01, 2017 in Divorce

Becoming a father is an equally amazing and terrifying experience. You and the child’s mother are suddenly responsible for another living being. Unfortunately, this experience is more stressful than necessary when there are questions regarding paternity. If you are a situation in which you are sure you are the father of a newborn yet the mother denies it, contact a DuPage County attorney at Fay & Farrow

Sign Up With the Illinois Putative Father Registry

Illinois has a registry for men who believe they may be fathers yet have not legally established paternity. You can register before the birth of the child or within 30 days of his or her birth. Once you are registered, if the mother attempts to place the child for adoption, you will receive notice and can go to court to defend your paternity and seek custody of the child. If you believe an adoption is within your child’s best interests, you can state this in court as well. Signing up for the registry ensures you have a say in your child’s future.

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 Posted on May 01, 2017 in Divorce

As of 2015, the National Survey on Drug Use and Health (NSDUH) found 15.1 million adults had an alcohol use disorder, including 9.8 million men and 5.3 million women. Considering these statistics, it is common for one or both of divorcing spouses to have issues with alcohol, including alcoholism. In some situations, this drastically effects a divorce, since excessive drinking may be linked to spousal abuse and child neglect and abuse. However, there are other cases in which a spouse’s alcoholism is unrelated to the divorce and does not need to be addressed in court.

If you are going through a divorce and you believe your spouse is an alcoholic, speak with an experienced DuPage County divorce attorney from Fay & Farrow before bringing these accusations up in court.

Is Your Spouse an Alcoholic?

Before you bring up alcohol abuse in court, you should consider whether your spouse is truly an alcoholic or simply drinks more often or a greater amount than you think is appropriate. This can be a difficult question to ask yourself, particularly if your spouse’s drinking has negatively impacted you. According to the Mayo Clinic, an alcohol use disorder, which includes what is considered alcoholism, is a pattern of drinking alcohol that involves:

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 Posted on April 01, 2017 in Divorce

Since many infants are breastfed for much of the first year of their lives, how do parents arrange parenting time when the mother breastfeeds? It turns out there are multiple options. For more information on co-parenting young children, contact the DuPage County child custody lawyers of Fay & Farrow

Strategies for Co-Parenting a Breastfeeding Infant

It is best for parents to sit down and discuss what type of schedule is best for their child and is truly workable for them. Not every situation is right for all families. Some of the strategies co-parents use when a child is breastfeeding include:

• Pump and provide: Many moms pump their breastmilk, which can then be frozen or refrigerated and used later with a bottle. If a mother is able to pump, she may be able to provide the father with enough milk for while the child is away from her. However, this is not always an option since some mothers have trouble producing enough milk to create extra bottles, some babies dislike using bottles, and the principles of attachment parenting favor natural breastfeeding over bottles.

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