233 W. Wilson Street, Batavia, IL, 60510


Kane County family law ORder of ProtectionIf you are in an abusive relationship and are ready to end it, you may worry that taking steps to end the relationship will make the abuse worse. You may feel stuck in a cycle of fear, intimidation, and even violence. Research shows that many, if not most, injuries in domestic relationships occur when the victim attempts to leave the relationship. 

Fortunately, Illinois law provides protection for victims of domestic abuse in the form of an Order of Protection. An Order of Protection can force your abuser to move out of your home and prohibit contact between you and your children. Listed below are the three types of Order of Protection in Illinois.

Emergency Order of Protection

Illinois law allows an Emergency Order of Protection (EOP) to be granted even when the subject – in this case, the abusive partner – is not present or even aware of the order. This kind of order is most often used when the immediate safety of a victim is at risk.  

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Kane County family law attorney visitation

During a custody dispute, parents will often wonder: Who will get the most time with my kids? Will I miss out on important parts of their life? How will custodial sharing change my relationship with my children? The idea of sharing parenting time, especially with a spouse who may be hostile, is difficult for many parents to contemplate.

If parents cannot agree on a visitation schedule, the court will step in and make arrangements for them. Unless parents split custody 50/50, one parent will be given most of the parental responsibilities and the other parent will get a set amount of parenting time or visitation. 

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Kane County family law attorneyAny divorce As a divorcing parent, one of the most challenging concerns you may currently be facing is the prospect of seeing your child less often than you are used to. For a parent who is heavily involved in his or her child’s daily life, transitioning to a shared parenting schedule after divorce can be very difficult. This is one reason that disagreements about parental responsibilities and parenting time can become heavily contested during a divorce. The “right of first refusal” is an important element in an Illinois parenting plan that any parent in a child custody dispute should be aware of.  

What Does “Right of First Refusal” Mean?

When you file your divorce petition, you will be asked to create a parenting plan and submit it to the court. This plan outlines how you will share parenting time, make important decisions about your child, and handle other co-parenting issues. The parenting plan also includes a provision explaining the right of first refusal. This is the right that parents have to be informed when the other parent cannot fulfill his or her allotted parenting time. The other parent must be given a chance to “refuse” the additional parenting time before the original parent can hire a babysitter or make other childcare arrangements.

Deciding How and When the Right of First Refusal Applies

You and your former spouse can decide how and when the right of first refusal applies. For example, you may decide that if a parent is absent for more than three hours of his or her allotted parenting time, the parent must inform the other parent of the absence. The other parent then has the opportunity to care for the child during the absence. You may also want to include provisions about how much advance notice you must give the other parent if you cannot fulfill your parenting time obligation. It is also a good idea to address how the child will be transported between the homes in this circumstance.

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Batavia IL family law attorneyAny divorce can be complicated personally, legally, and financially. However, parents often face a unique set of issues when ending their marriage. Many parents’ primary concern during divorce is that of their children. They worry about the effect the split will have on their kids’ emotional well-being, growth and development, and schoolwork. They also worry about how issues like child custody and child support will be handled in the divorce. If you are a parent considering divorce in Illinois, make sure to keep the following considerations in mind.

You Can Get Temporary Financial Support While the Divorce is Ongoing

If you are a parent considering divorce, you may have concerns about the financial consequences of the split. Many parents–especially stay-at-home parents–rely on their spouse’s income. Fortunately, Illinois law allows divorcing parents to request temporary child support or spousal support orders before the split is finalized. “Temporary relief” child support orders require the parent with less parenting time to pay child support to the parent with more parenting time while the divorce is ongoing. This means that you do not have to wait until your divorce is settled to get financial support from the other parent.

A Detailed Parenting Plan Is the Key to Effective Co-Parenting

Illinois law requires parents to create a “parenting plan” and submit it to the court for approval. The plan contains information about how the parents will divide parenting time and parenting responsibilities, handle any future modifications to child custody arrangements, and numerous other issues. The more detailed your parenting plan, the better. Deciding on parenting issues in advance means that there is less opportunity for disagreements and conflict in the future. Many divorcing couples work with a family law attorney or mediator when designing their parenting plan.

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Posted by on in Divorce

Kane County family law attorney divorce

Getting divorced is not as easy as simply deciding not to be married anymore. Most divorcing spouses must address several key issues during their divorce including the division of marital assets and debts, spousal support, and child custody. “Discovery” refers to the fact-gathering stage of divorce. The evidence and information exchanged during discovery will affect the outcome of the divorce, so this is a crucial component of the divorce process. If you are planning to divorce in Illinois, it is important to know what is involved in discovery so that you can protect your rights and be as prepared as possible.

Exchange of Financial Information and Other Records

Most divorce issues revolve around finances. Accurate, up-to-date financial information is needed to determine how marital property and debts will be divided between the couple, the amount of child support a parent will pay, and whether a spouse is entitled to alimony or spousal maintenance. Spouses are expected to provide this information willingly, but in some cases, it takes some digging to uncover the documentation needed. Non-financial information may also be required in order to address the allocation of parental responsibilities and parenting time and other divorce issues.

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