630-584-5550
Recent Blog Posts
Subtle Signs of Parental Alienation After a Divorce
Even when you go in with the best of intentions, a divorce can put a strain on your relationship with your child. Children – especially young children – may not be able to comprehend the reasons for a divorce. They might see things in black-and-white, which naturally comes with feelings of hurt and betrayal. The emotional turmoil caused by the family splitting up may leave a child susceptible to parental alienation, a form of child abuse wherein one parent manipulates a child to reject the other parent.
If you believe you have been subjected to parental alienation, you may have legal recourse to mend your relationship with your child and adjust your parenting plan accordingly. A St. Charles, IL family law attorney at Shaw Sanders, P.C. can help you identify the signs of parental alienation to address the problem as soon as possible.
When is Legal Separation Preferable to a Divorce?
When things are not working out in a marriage, the first resolution people tend to think of is divorce. While divorce is often the best way forward for many couples, other couples might give consideration to legal separation, which has many of the same considerations of a divorce such as alimony and child custody without officially ending the marriage.
Depending on your circumstances, you may find that legal separation is a preferable alternative to divorce. A compassionate St. Charles, IL family law attorney can help you with a legal separation, giving you the privacy and space you need to move on with your life. At Shaw Sanders, P.C., our attorneys are ready to help you wherever you are in your marriage.
Social Reasons
A divorce can come with much unwanted attention from both sides of the family. With a legal separation, you may be able to enjoy a greater degree of privacy than a divorce. In a legal separation, you are still considered to be married to your spouse, which can help you avoid uncomfortable questions.
What Counts as Marital Property in Illinois?
The ambiguity around what is and is not marital property in an Illinois divorce can be a major headache. Frequently, you will not find hard and fast rules as often as subjective rulings on a case-by-case basis. However, this does not mean that there is no way to anticipate how your property will be categorized and split up in a divorce.
A St. Charles, IL divorce lawyer can provide you with valuable counsel during the dissolution of a marriage. At Shaw Sanders, P.C., we have extensive experience in and out of the courtroom, giving clients a sense of clarity around issues of property division while representing their best interests. We can help you distinguish between marital and non-marital property, clearing up any doubts during negotiation. Here are some initial questions to ask as you start to determine what is yours.
When Should I Get an Order of Protection in Illinois?
If you have become a victim of abuse by a romantic partner, roommate, or family member, you may feel powerless to protect yourself. However, you do not have to suffer in silence. Illinois recognizes the right of survivors of domestic abuse to get a protective order against their abusers, which can bring you immediate safety and long-term peace of mind.
A St. Charles, IL family law attorney can help you file and enforce an order of protection. Shaw Sanders, P.C. is prepared to serve as a fearless advocate for your safety, as the attorneys at our firm have experience taking family law issues to court with aggressive litigation. If you have noticed any of the following troubling patterns in your relationship, you can take action against your abuser with a protective order.
Physical Abuse
Domestic violence frequently happens behind closed doors where an abuser is sure there will be no outside witnesses. If you are in this situation, you may be afraid to do anything out of fear of retaliation, but securing your immediate safety is an urgent matter. In this case, your best recourse may be to file an emergency order of protection with a judge. The main benefit of this protective order is that it can be enforced on short notice, as a judge can approve it based on your testimony alone.
The Most Important Parts of a Parenting Plan in Illinois
In a divorce with children, parents in Illinois are tasked with coming up with a parenting plan that addresses all child-care related matters. A parenting plan is a legal document that specifies a child’s living arrangements after a divorce, as well as what areas of the child’s life each parent will govern. In a majority of cases, the courts prefer that co-parents work together on a resolution to foster a healthy environment for the child.
Deciding how to delegate these responsibilities may put an emotional strain on you and your spouse, but a St. Charles, IL family law attorney can help to smooth over any conflicts and make sure that the child’s best interests are represented in the parenting plan. Attorney Matt Shaw has decades of experience in family law, and his excellence in the field has resulted in a superb 10.0 rating on Avvo.
Four Reasons to Consider Mediation in an Illinois Divorce
Every divorce comes with its own challenges. When you and your spouse reach a point of irreconcilable differences, you may decide it is time to separate, which is easier said than done. You may have questions about how property will be divided between you and your spouse, what will become of your shared real estate, and how you will handle co-parenting if children are involved.
There are many ways to settle the dissolution of a marriage. In emotionally fraught, high-stress cases, the matter could be litigated in court. However, you might prefer a less intense alternative via mediation, which allows you and your spouse to sit down and discuss how the divorce will be handled with the help of an unbiased third party. Illinois family law attorney Matt Shaw of Shaw Sanders, P.C. is a certified mediator, helping clients amicably resolve family law issues.
When Is the Right Time to Sign a Prenup in Illinois?
Deciding to sign a prenuptial agreement, or "prenup," is a step many couples consider before marriage to clarify their financial rights and responsibilities. However, timing is crucial, as signing a prenup too close to the wedding or under pressure may jeopardize its validity. If you have questions about when to sign a prenup, it is essential to consult an Illinois family law attorney. Shaw Sanders, P.C. can help ensure that your prenuptial agreement is valid, fair, and enforceable.
What Is the Preferable Time to Begin Discussing a Prenup?
Couples should ideally begin discussing a prenup several months before their wedding date. This early preparation gives both parties ample time to consider the terms and consult separate attorneys without feeling rushed or pressured. Waiting until the last minute could make it appear that one spouse was pressured into signing, which can lead to legal challenges in the future.
Can Divorce Papers Be Served by Mail In Illinois?
To begin a divorce, the most crucial step is to ensure that the other spouse is officially notified. This formal notice, called "service of process," is a legal requirement that allows you and your spouse to fully participate in the divorce proceedings. But what if direct service is not possible? Can you serve the divorce papers by mail? An experienced Illinois divorce lawyer can help answer these questions and guide you through each step of the service of process.
When Can Divorce Papers Be Served by Mail?
Illinois law generally requires that divorce papers be served in person. A third party, typically a sheriff or a professional process server, directly delivers the papers to the other spouse. However, if personal service is very challenging or completely impossible, the law allows for alternative methods.
In limited circumstances, Illinois courts may allow divorce papers to be served by mail when in-person service is not feasible. However, it is important to note that this option requires court approval and is not the default option.
How to Avoid Common Mistakes in High Asset Divorces
After years of building a successful career, managing investments, and establishing a comfortable lifestyle, it can be difficult to adjust to the sudden change of a high asset divorce. The life you have carefully constructed now sits under a legal microscope. Property, savings, and even the family business are up for division, and each decision made could alter your financial future. Given the immense emotional strain, it is easy for a simple oversight to result in costly consequences.
To avoid these errors, it is important to work with a skilled attorney who will ensure every detail is considered when dividing your assets. An Illinois high net worth divorce lawyer can navigate the financial and emotional challenges of the process and address frequently overlooked issues.
Are You Overlooking Assets During Divorce?
A common mistake in high-asset divorce is failing to account for all marital assets. In Illinois, nearly all assets acquired during the marriage are considered marital property, regardless of whose name is on them. If one spouse was not involved in financial management, they may overlook assets like:
How Does Joint Custody Affect Child Support in Illinois?
When parents go through a divorce, their biggest concern is how the separation will impact their children. They may agree that joint custody is the best arrangement for their children, as it allows both parents to stay involved. As they work through the details, questions about child support quickly arise. How does sharing custody impact the amount of child support owed? What role does each parent's income play in the decision?
Understanding these factors is essential for parents navigating a joint custody arrangement. A skilled Illinois family law attorney can provide guidance in this situation to help fairly allocate financial responsibilities.
What Is Joint Custody?
Joint custody, often referred to as shared parenting, means that both parents have legal responsibility for their child and typically share physical custody. However, joint custody does not always mean equal time with the child. Instead, the court will establish a parenting plan that outlines how much time the child will spend with each parent. The percentage of time each parent has with the child is vital in calculating child support payments.
630-584-5550