Posted on April 01, 2017 in Divorce

It is difficult to handle mental illness during divorce and a child custody battle. If your spouse has a mental illness, it does not necessarily make him or her an unfit parent. However, if your spouse has not been formally diagnosed or is not currently receiving treatment, it may affect how much time he or she should have with the kids. Accusations of mental illness will be taken very seriously by the court, so this is not something you should bring up lightly. If you believe your spouse is ill though, speak with a Wheaton divorce attorney from Fay, Farrow & Associates, P.C. to learn about your legal options.

If You Are Worried About Mental Illness During a Divorce and Custody Dispute

Do not simply make accusations when you believe your spouse is mentally ill. Do not attempt to withhold the kids from their other parent. There are appropriate steps to take when you think your children’s other parent suffers from a diagnosable psychological illness. You should:

• Tell your divorce attorney immediately

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 Posted on March 01, 2017 in Divorce

Many couples come to the decision to divorce together. No matter who begins the difficult discussion, it is often evident to the other spouse that divorce is the next step. If you are part of a couple that is moving forward with a divorce amicably, then you have the opportunity to take some smart steps before filing for the divorce. Being financially and emotionally prepared for the actual legal process of dissolving the marriage can make the process go by faster.

When you and your husband or wife are on the same page, contact the experienced Naperville divorce lawyers of Fay, Farrow & Associates, P.C. and consider taking these steps:

1. Review your financial situation. Prior to heading into a divorce, you and your spouse need to have an accurate accounting of your assets and debts, including which of these are an individual responsibility or part of the marital estate. Only once you know the whole picture can you begin to decide how to divide your debts and assets during the divorce.

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 Posted on March 01, 2017 in Divorce

Everyone feels anxious and sad at some point in their lives. However, traumatic and difficult experiences – like divorce – can lead to diagnosable anxiety and depression. These mental health issues go far beyond being worried, stressed, upset, or unhappy and may require treatment. The first step to handling these issues during a divorce is recognizing the signs of anxiety and depression and admitting when these issues have become detrimental to your everyday life.

Common signs of anxiety include:

• Constant or intense feeling of nervousness or restlessness
• Trouble concentrating on something other than your worry or fear
• Trouble or inability to control worry
• A sense of danger, doom, or panic
• Increased heart rate
• Rapid breathing or shortness of breath
• Sweating
• Trembling
• Gastrointestinal issues such as upset stomach or diarrhea

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 Posted on March 01, 2017 in Divorce

Spousal maintenance is often a hotly contested issue during divorce. Many women will seek maintenance simply based on the assumption that they will get it, no matter the facts of the case. Men often head into divorce thinking they will be hit with a significant monthly maintenance payment, even if they believe spousal support is unnecessary. However, the truth is that Illinois divorce law does not automatically assign maintenance. First, it must be requested and then a judge will determine if it is appropriate based on a number of factors.

If you were the spouse earning more money during the marriage and you expect your husband or wife to ask for support, you can rest assured that this is not guaranteed and there are ways to fight unfair spousal maintenance. For more information, call the Wheaton divorce attorneys of Fay, Farrow & Associates, P.C. to schedule a free consultation.

How Spousal Maintenance is Determined

If your husband or wife requests maintenance during a divorce, the judge will look to at least 13 factors when deciding whether maintenance is appropriate in your specific situation. These are:

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 Posted on March 01, 2017 in Divorce

Child support in Illinois is currently a percentage of the income of the parent having less parenting time and is meant to be the amount that your child would have benefited from, if the child also lived with his or her other parent. Soon, Illinois will transition to an income shares model, though the purpose of the support will remain the same. In general, child support is meant to help the parent with the majority of parenting time pay bills associated with raising a child, like housing, food, and clothing. However, there are no restrictions on how child support can actually be spent. It is simply intended to financially support the child however needed. If you have questions about how a parent can use child support, contact the experienced DuPage County family law attorneys at Fay, Farrow & Associates, P.C. to schedule a free initial consultation.

Spending Child Support in Illinois

If you only recently began to receive child support, you may not be sure how you can or should spend the money. You can use child support for:

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 Posted on February 01, 2017 in Divorce

Divorce settlements come in all manner of shapes and sizes, and the best ones are customized to what each spouse and their children need. While Illinois law and previous case results can be a guide, you and your spouse have a great deal of discretion in how to divide your assets and plan for the future. Whether you want to go through mediation, negotiate your divorce settlement directly with your spouse, or head to court and litigate the issues, you have the right to an attorney. You should work with an experienced Naperville divorce attorney to ensure your rights are always protected and you understand your options. For more information on negotiating a divorce settlement, call Fay, Farrow & Associates, P.C. at 630-961-0060 to schedule a consultation.

Divorce Settlement Considerations

If you want to maintain control over your divorce settlement, keep these 7 factors in mind:

1. An honest budget: When you are trying to decide on the division of the marital estate, spousal support, and child support, you have to have an honest look at your finances. Sit down with a financial professional, such as an accountant or financial planner, and determine a realistic budget for now and down the road. Without this tool, you may not realize you agreed to too little property or alimony.

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 Posted on February 01, 2017 in Divorce

There is nothing easy about developing a parenting time plan with your child’s other parent. In theory, you could each take every other week and handle the rest as you go. But life cannot be neatly divided into week-long increments. Holidays, birthdays, and other special occasions may disrupt the regular schedule. Also, your child’s particular needs may require that both parents are involved every week or day. When you and your child’s other parent sit down to discuss parenting time, you will need to determine your child’s specific needs first. For help in developing a parenting time plan outside of court, contact the Naperville family law attorneys of Fay, Farrow & Associates, P.C..

Identifying Your Childs Needs

As a parent, you know what your child needs and what works best for him or her on a daily basis. However, instinctively knowing your child’s needs and specifically identifying them are two different things. You must be able to articulate your child’s requirements and preferences to support your ideas for the parenting plan.

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 Posted on February 01, 2017 in Divorce

In most marriages, one spouse earns more than another. Unfortunately, a significant income disparity between spouses can cause extreme hardship upon divorce. For instance, if you have always earned less than your husband or wife, or if you have not worked because you devoted yourself to the family, then you may be left in financial trouble or living well below your accustomed lifestyle after a divorce. You may already be keenly aware of the difference between living on both of your incomes versus living on yours alone if you are separated. In this situation, you need spousal maintenance to be able to maintain your lifestyle – or simply make ends meet – after the divorce. However, maintenance is not guaranteed. To learn more about obtaining spousal support after a divorce, contact the Wheaton divorce lawyers of Fay, Farrow & Associates, P.C..

Illinois Spousal Maintenance Law

You may need to formally request spousal maintenance during your divorce proceedings. The first step to obtaining maintenance is convincing the judge that it is appropriate. Under Illinois law 750 ILCS 5/504(a), the judge will review at least 13 factors, including your current occupation and incomes, your ability to earn more in the future, and your needs.

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 Posted on February 01, 2017 in Divorce

When the court is left in charge of determining child support, the judge must turn to Illinois law. Under Illinois’ current child support guidelines, if you have the majority of parenting time, you will receive a set percentage of the other parent’s net income. For one child, you will receive 20 percent of his or her net income. For two children, 28 percent, and for three children, 32 percent. Depending on your circumstances, you may be able to make this amount work. However, there are a number of instances in which the money you receive is just not enough to make ends meet. In this situation, you need an experienced DuPage County child support attorney to seek a higher amount of child support from the court. The lawyers of Fay, Farrow & Associates, P.C. have years of experience helping moms and dads obtain child support that is in the best interests of their children.

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 Posted on January 01, 2017 in Divorce

When you and your spouse decide that divorce is the right thing to do, your next discussion must be about how you want to move forward with the process. If you and your spouse work together well and are on the same page as to what you both want from the end of your marriage, then mediation may work for you. Mediation enables you and your spouse to:

• Decide how to divide your marital assets, including future retirement benefits
• Decide whether spousal maintenance is appropriate, how much, and for how long
• Allocate parenting responsibilities and time

7 Reasons to Divorce Through Mediation

The mediation process offers a calm and effective environment to decide the issues of your divorce between the two of you and outside of an adversarial courtroom. There are numerous benefits to mediation, including:

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