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Wakenight & Associates, P.C.

707 N. York Street, Suite 201, Elmhurst, IL 60126

Elmhurst | 630-528-0734

Mokena | 815-458-5660   Oak Park | 708-480-9651

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One of the things that can make divorce extremely difficult is deciding on child custody. You and your spouse both love your kids and want to spend as much time with them as possible, but courts will likely try and distribute the time between you as evenly as possible. If you and your spouse can't agree on a child custody arrangement, you might have to let the court decide. this often involves hiring an attorney who can represent you and your interests in the proceedings. Before deciding on a lawyer, however, there are a few questions you should consider beforehand.

How Are Your financial Resources?

Hiring an attorney can be relatively expensive, particularly if you are relying on him or her through most of the divorce proceeding. Child custody lawyers, in particular, can be costly, depending on how long the proceeding stake and which state you live in. Before hiring a lawyer, make sure you consider how much you are likely to pay and how much you can afford. Those who can't afford to hire an attorney can sometimes be entitled to free legal aid or low-cost representation through the family court. In other jurisdictions, the court may base your entitlement to free representation on how much money you make currently.

How Complex Is Your Case?

Simple cases are rarely worth the effort of hiring two attorney s to duke it out in court, which is why couples can often rely on one negotiator to help them work out the details of their child custody. For other matters, however, a child custody lawyer is exactly who you need. Complex cases such as interstate custody often involve a complicated intersection of different state custody laws. If you don't feel you can represent yourself and your case for custody adequately, it's best to hire an experienced lawyer who can handle your case for you.


divorce can be tough, especially in situations where there is a lot conflict and anger between spouses. There are many issues you might be concerned about and your financial assets are likely near thetop of the list. Not every spouse plays fair, unfortunately. Some might try to hide assets before or during the divorce to avoid having to divide them appropriately.However, there are ways to investigate the situation through the process of discovery.

Being the Out-spouse

In many cases, one spouse tends to handle the bookkeeping during a marriage, while the other, often referred to as the“out-spouse”, plays little to no part in marital finances. Usually, the out-spouse does not have immediate access to or knowledge of necessary financial information, while the other spouse does, making it easy for him or her to with hold pertinent financial records. If you are the out-spouse, it is crucial to contact an attorney who has experience in asset search and investigation.He or she will know where to look at what questions to ask.

the Discovery Process

If your spouse is intentionally hiding assets to prevent you from securing your fair share, chances are he or she will not voluntarily disclose all financial information in the divorce , so you and your divorce attorney will have to go a more formal route to obtain information and documents.Through the discovery process, you will be able to:


Social media has grown increasingly popular over the past decade. Around 2.8 billion people were using some kind of social media by the end of last year, a 21% increase since 2015. According to a survey by Hoot suite, around 83% of Americans have at least 1 social media account. Sharing your day with someone, whether a close family member or a friend around the world has never been easier. However, with the advent of this new technology, people are unsure of how it can affect them in certain situations.

While most day-to-day use of social media is fairly harmless, it can affect how your divorce proceedings go. As many couples have already found out, a spouse's divorce lawyer will use a social media post against the iropponent in a court of law. For example, if a wife tries to argue she doesn't have enough money to get by post-divorce and requires spousal support, the husband's attorney might visit her Facebook, where she has a post about how she just spent $2, 000 on a vacation to celebrate her impending divorce . A judge might view this behavior as wasteful spending and is unlikely to grant her request for spousal support if she has the means to buy herself an expensive vacation.

Likewise, in cases of child custody, long social media rants regarding how much you hate your spouse can definitely be used against you. Your spouse's lawyer could argue your post is proof you have anger management issues, which might not be safe for the children .


For divorcing spouses, one of the greatest assets you might have is the family home. Beyond its monetary value, a couple's home often holds a great amount of sentimental value, especially if you have children who might view it as a symbol of familial unity and a source of comfort. You might be wondering what will happen to it once the marriage is officially over.

No two divorce s are alike, however, so the fate of the marital home for every divorcing couple will differ as well. Some might consider selling the home and splitting the proceeds, while others might not be able to opt for this solution due to a lack of equity. If one of you wishes to keep the house, you must consider if doing so is financially feasible.Together, keeping it was possible, but you might not be able to maintain it on your own.

Consider Your financial Situation

Before you decide whether or not you should keep the house, take a close look at your financial situation. If you are expected to pay spousal support to your ex, this might affect your ability to continue to pay the mortgage on your home. If this is the case, you might have to downsize to something more affordable for your lifestyle change.


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divorce can be difficult for many couples, but what makes it even harder is sharing children . Both parents want what's best for their children , but they also want to spend as much time with their kids as possible. with split custody, this isn't always possible. Deciding child custody can often be what lengthens the divorce process. In order to make this easier, we have assembled the top 5 child custody mistakes we've seen many parents make during and after the divorce process, so you can avoid making the same errors.

Mistake #1: Making It About You

You may be infuriated with your spouse, butyour relationship with your wife or husband and your child's relationship with your wife or husband are two incredibly different animals.While he or she may have failed as a spouse, your ex could still be an excellent parent. divorce is not a battle to be won, and many parents make the mistake of using their children as ammunition. this can not only lead to your child's resentment later, but it could also cost you in court. If the court sees you are more concerned with your own affairs than with your child's well being, a judge may decide to award your spouse physical custody.

Mistake #2: Showing Disrespect for the court

If the court mandates a temporary child custody order, you should do your best to abide by it. By violating any temporary restraining order (TRO), you are showing you view the court with contempt. The court will take this violation into consideration when making a decision regarding your capability of being a responsible adult.





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