Law Office of Van A. Larson, P.C. | Kane County Divorce Lawyer

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Positive Co-Parenting Following an Illinois Divorce

Posted on Friday, 06 January 2023 in

batavia child custody lawyer As a new year rolls in, many of us are looking to start the year fresh and better ourselves during 2023. Though working on yourself is always a positive thing, it can be difficult for those of us who have recently gone through a divorce. If you and your former spouse have children together, it can be especially challenging to remain positive and resilient in the new year. But with some patience and understanding, you and your former spouse can work on your relationship in a constructive manner for the benefit of your children.

How Can I Keep Positive?

Though it may go against your instincts to talk positively towards and about your former spouse, this will have a large impact on your child’s view of the parent. Young children are highly impressionable and what you say has a big influence on how they will feel and act in the future. Illinois Courts tend to lean in favor of keeping both parents involved in children’s lives as much as possible.

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Can I Get an Annulment for my Kane County Marriage?

Posted on Wednesday, 07 December 2022 in

kane county divorce lawyer If you are looking to end your marriage, you may qualify for an annulment. Though an annulment is not the same as a divorce, it is another legal way to end a marriage. Technically, an annulment, called a Judgment of Invalidity of Marriage, asserts that a marriage was never valid to begin with. Specific requirements must be met for an annulment to be an option.

What Is an Annulment?

The state of Illinois views an annulment as the invalidity of a supposed marriage. This would mean that the marriage itself would be voided from the date of the marriage. In a divorce, the marriage is dissolved but an annulment invalidates the marriage altogether. There are only a select few circumstances that can qualify a marriage to be annulled:

If one or both parties were under 18 at the time of the marriage, and therefore, under the legal age of consent, and did not have any consent from a guardian or the courts.
If the marriage was illegal, such as in the case of bigamy. Illinois does not recognize polygamy and a party cannot enter a second marriage if currently married.
If one of the parties was mentally unwell or under the influence of substances at the time of the marriage, then they can be declared of unsound mind.
If one party can prove they were forced into the marriage by the partner.
If the two parties are found to be closely related through blood or adoption.
If one of the parties was physically unable to consummate the marriage.

When Can I Get an Annulment?

There is a varied time limit with most of the conditions listed. If, for example, you have found out that your spouse is unable to have sexual intercourse after the marriage, you have one year to annul the marriage. If someone was not of sound mind or was forced into the marriage, the statute of limitations is 90 days. In the case of a minor entering the marriage, the time limit lasts until the minor reaches the legal age of consent. If you learn that your partner is already in a marriage prior to your own, there is no time limit, as your marriage is illegal.

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How is Custody Determined in an Illinois Divorce?

Posted on Thursday, 10 November 2022 in

kane county divorce lawyer One of the most difficult decisions in a divorce is deciding who is granted custody over the children. If you and your spouse can reach a parenting plan outside of court, then things can remain comparatively less complicated. Oftentimes, however, a judgment must be passed within the courts to resolve the issue. There are many factors that are weighed when reaching the final decision. Having an experienced attorney in your corner is your best advantage when faced with the challenges of custody battles and divorce.

Important Factors Courts Consider When Deciding Custody

The Illinois Court system will typically attempt to settle for a shared custody plan for the spouses. As long as both parents can prove they have a stable home, the parenting plan will attempt to keep both parents in the children’s lives. The primary factors that the courts will look at when determining the custody can include:

Health - The physical and mental health of the parents as well as the children will be assessed in the decision. If a parent is shown to be mentally unstable or physically unable to care for a child, then primary custody will sway towards the other spouse. Additionally, the health of the children is highly considered. Keeping up with the welfare of the children is pivotal for the judge’s decision.

Wishes of the Children - Based on the age and mental maturity of the children, the judge will consider the child's wishes. If a child heavily favors one parent, the custody decision could sway toward a said spouse. This will not be taken without a grain of salt, of course. If the child is still very young and could be easily influenced to speak highly of one parent unfairly, the court will do its best to remain impartial.

Location - If one of the parents has remained in the same home the child has been living in, or another home that will keep them in the same school district, the courts will consider this heavily. Maintaining a sense of regularity and stability for the child can help them through this difficult period of change.

Cooperation of Parents - The parents’ relationship and ability to cooperate will also play into how custody is handled. Ideally, both parents can do what is determined as best for their child. The reality may not be as simple and the feelings toward the former spouse may interfere with a parent’s parenting ability.

Illinois Courts hope to keep both parents in a child’s life, but if a parent is deemed unfit, unable, or shown to have instances of abuse or neglect, a sole parent could be given custody.

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What is a Premarital Agreement, and Why Are They Important?

Posted on Tuesday, 18 October 2022 in

kane county prenuptial agreement lawyer A couple’s wedding day may very well be one of the happiest days of each partner’s life thus far. This happiness can be traced back to the fact that many months and sometimes years go into planning a wedding, often down to each minute detail. However, planning for a wedding and marriage are two entirely different things. Preparing for marriage can involve many responsibilities, few as crucial as preparing for the financial implications of getting married.

It is becoming more common for couples to negotiate and sign a premarital agreement or prenuptial agreement. These agreements are invaluable tools that spell out how a couple will handle debts, assets, and other financial issues if they decide at some point to get divorced. While some find these agreements to be “unromantic,” this is not the intention of such agreements. However, suppose you and your partner are considering marriage. In that case, it may be wise to consult with an experienced attorney trained in helping couples secure financial security and remove doubt about who will get what in the event of a future divorce.

Situations Where Couples Should Consider a Premarital Agreement

Under Illinois law, a premarital agreement must be in writing and signed by both parties. It is understandably difficult for many soon-to-be newlyweds to contemplate what a future divorce may look like. Nothing in this world is perfect, and preparing for the worst while hoping for the best is a healthy and wise way to prepare for whatever the future may hold. When it comes to premarital agreements, there are specific situations that can provide couples with a greater incentive to sign a premarital agreement.

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Navigating a Changing Household During Divorce in Kane County

Posted on Monday, 05 September 2022 in

Kane County divorce lawyer Divorce can be a challenging period of life for all parties involved. This can be compounded if the couple filing shares underage children. Though it can be easy to get swept up in your emotions and remain distracted by all the legal proceedings and unexpected life changes, it is imperative to continue to give extra support and attention to your children during divorce. Van Larson Law focuses on navigating you through your divorce in the most effective and stress-free manner. A significant aspect of that is providing you with the resources available to help your children during the transition.

Five Tips for Helping Children Adjust During Divorce

During a divorce, children undergo many changes very rapidly. These changes in a child’s life can result in adverse childhood experiences. Adverse childhood experiences, or ACEs, can be traced to be the root of many challenging health and social problems later in life. A parent’s need to provide for and protect their children always comes as a top priority, but it can be difficult for one person to juggle all of the changes in their own life while giving the proper attention and support to their children. It could also be uncharted territory for the parent and they may be unsure of how to navigate the shift in their daily routine.

Fortunately, there are many ways in which a parent can ensure their child is given the fairest treatment and attention during the divorce. Some points to consider when making parental arrangements include:

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