Posted on July 01, 2017 in Divorce

As a father, you have just as much of a right to custody of your children as their mother. Despite common misconceptions, there is no legal preference for moms over dads. However, as a father seeking all or a majority of parenting time and responsibilities, you will be put under a microscope. You may have to overcome deeply ingrained stereotypes such as fathers being less able to care for infants. To do this and show the judge it is in your children’s best interests to live with you, you should understand common pitfalls associated with dads seeking custody and how to avoid them.

Actions to Avoid as a Father Seeking Custody

If you are a father seeking all or a majority of parenting time and responsibilities in Illinois, consider avoiding these common issues:

• Moving out of the family home: If you move out of the home you share with your children’s mother and leave your children with her, it can sometimes be more difficult to drastically alter the situation. Think carefully before you choose to move out. If leaving is for the best, speak with an attorney first about getting a temporary parenting schedule in place.

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 Posted on July 01, 2017 in Divorce

Has your spouse been consistently uncompromising during your marriage? Has he often blamed others for his problems and avoided responsibility? Does she lack self-awareness about her propensity for drama and conflict despite consistently receiving negative feedback? If you answered yes to these questions, you may be married to a high-conflict individual. Understanding what this means and the strategies to deal with him or her during your divorce can help you during this tough time.

Who is a High-Conflict Individual?

A high-conflict individual is someone who exhibits a pattern of behaviors that increase conflict instead of seeking to resolve it, according to Bill Eddy, LCSW, Esq., and founder of the High Conflict Institute. High-conflict people often exhibit certain behaviors, including:

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 Posted on July 01, 2017 in Divorce

Not every parenting and child support situation is ideal. You may have been saddled with a child support bill that is more than you can afford. You may also feel unfairly targeted to pay support for a child you rarely see. At Fay & Farrow, we understand you may be in a difficult position right now and need help dealing with this child support order. Call us today to learn more about the potential consequences of not paying court-ordered support and how we can help you modify the current child support order or parenting time and responsibilities.

The Child Support Collections Process

When your other child’s parent attempts to collect child support, you can expect a fairly routine process. After not paying the ordered support amount for weeks or months, you will be summoned to court. You will also receive documents requiring you to submit your income information to the court. This may include providing copies of your previous year’s tax return and pay stubs.

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 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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