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Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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Recent blog posts

Hinsdale divorce and hidden assets attorneyIt is not uncommon in marriages for one spouse to handle a majority or all of the couple’s finances while the other spouse has little to no input on these matters. Family law attorneys and psychologists have a specific term to refer to the spouse who has little say in financial matters: the “out-spouse.” When you are the out-spouse, it can be fairly easy for your partner to hide assets or other property in an attempt to keep more than his or her fair share of the marital estate during divorce. Part of the divorce process is dividing up your marital assets so that you and your spouse each get your fair share. To ensure your property is divided fairly, you have to have at least some idea of what your financial situation looks like, which is rarely the case if you are an out-spouse.

The Discovery Process

If you suspect your spouse is hiding assets from you, chances are he or she will not be willing to come forward and reveal those assets and financial records willingly. During your divorce, your attorney will be able to obtain this information through what is known as the discovery process. This process is a way that your attorney can formally ask your spouse for financial records. The court can take further action in pressuring your spouse to provide the required information if he or she remains uncooperative. The basic steps of the discovery process include:

  • Request for documents: Your attorney will ask for access to certain documents, which can include tax returns, bank statements, income statements, loan applications, or any other information that may be necessary to obtain a complete picture of your family’s finances.

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Lombard divorce lawyer for marital homesFor some families, the relationship and connection between family members means everything, especially the relationship between grandparents and their grandchildren. In some situations, the dynamics of a family can break down to the point where the child is no longer allowed to maintain that relationship with his or her grandparent. In Illinois, parents are considered to have inherent rights to spending time with their children. Grandparents are not awarded the same rights, though Illinois laws do give grandparents the ability to petition for visitation time in certain situations. 

Can I File a Petition for Visitation?

Illinois law presumes that parents will make decisions based on what is in their child’s best interests. If a parent is denying a grandparent visitation time, Illinois courts will assume that there is a reason for it. It is up to you, the grandparent, to prove that the denial is actually harming the child in some way. You may be able to obtain visitation rights if one of the following situations is true:

  • The child’s other parent is dead or has been missing for at least 90 days.

    ...

Lombard divorce lawyer for marital homes

If you are one of the lucky people who gets to live out the American dream by buying and owning your own home, you know how rewarding it can be to have a place of your own. When you are married, real estate property becomes more than a house -- it becomes a home. Dealing with your family home can be one of the toughest decisions you will make when dividing your property during your divorce. In many cases, the family home is the most valuable asset a couple owns, both financially and sentimentally.

For the most part, three basic options exist when it comes to dealing with your marital home. You and your spouse can choose to sell the home, one of you can keep the home, or you can both keep the home. Each family situation is unique, so what may be right for one family may not necessarily be right for another. 

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Oak Brook child support enforcement lawyer

In divorce cases, child support or spousal maintenance payments may be ordered. If you have been awarded spousal support or child support, chances are you need those payments in order to provide for your family’s needs. In some cases, a spouse may not be consistent in making support payments, or he or she may refuse to pay them altogether. Not only can this be frustrating, but it can also result in serious legal ramifications for the non-paying spouse. Both types of support orders are legal court orders, meaning a person can face harsh consequences if they are not followed. Illinois courts have various ways of enforcing support orders when this becomes necessary.

Failure of Support

The state of Illinois does everything in its power to ensure that those who are required to pay spousal support or child support do so. There are a couple of different ways a person can be held in contempt for failing to pay a support order, according to the Illinois Non-Support Punishment Act. A person may be found to be in contempt if they:

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Hinsdale divorce attorney stress coping skills

Stress is a normal part of life. We experience stress every day, whether we are at work, at school, or even just dealing with mundane tasks. While stress is an everyday occurrence, big life events like a divorce can put even more stress on you. Now not only do you have everyday stress to deal with, but you are also dealing with the immense pressure of making decisions that will affect you and your family for the rest of your life. Fortunately, there are certain things you can do to help yourself through this troubling time. Here are a few tips to help keep your stress levels to a minimum during your divorce:

1. Get Your Priorities in Order

Before you even begin making decisions in your divorce, you should know what you want out of the divorce. What is most important to you? Do you want to make absolutely sure that you get your fair share of the marital property? Or are you more concerned with getting the parenting time you want? Figure out what your priorities are, and focus the majority of your time and energy into them.

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