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

Recent blog posts

What is the Difference Between Orders of Protection and Restraining Orders in Illinois?

Posted on Tuesday, 13 June 2023 in

Kane County Order of Protection Lawyer When there is tension or violence in a relationship, obtaining an order of protection or a restraining order in Illinois can be an effective legal way to establish limits and safety. Although similar in nature, the two have significant differences. As a result, if you are interested in pursuing either an order of protection or a restraining order, contact a family law attorney to learn more about what each option entails and which may be right for you.

Restraining Orders

Contrary to what many believe, temporary restraining orders are designed primarily to protect financial assets during divorce proceedings under Illinois law. When a divorce is taking place, a restraining order can prohibit a spouse from taking, selling, or otherwise disposing of jointly controlled property or assets. An example of a scenario where a financial restraining order may be necessary could be to prevent a spouse from canceling a critical insurance policy. In Illinois, restraining orders are usually used in divorce cases instead of domestic violence cases, but not always.

Orders of Protection in Illinois

Meanwhile, an order of protection is an enforced court order that requires one individual who has been accused of committing domestic abuse to stay away and refrain from contacting the alleged victim(s) in any way. Furthermore, orders of protection can be used to stop violent or abusive threats or acts from occurring, require the offender to enter therapy, counseling, or other forms of treatment, move out of the marital home, and more.

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What You Need to Know About Establishing Paternity in Illinois

Posted on Tuesday, 09 May 2023 in

Batavia Family Law Attorney Establishing paternity is an important process for both parents and children in Illinois. Without establishing paternity, fathers may not have the same rights as mothers, and children are not entitled to the same legal protections and benefits. Today, we will discuss what is most important to know about paternity in Illinois. If you have questions related to paternity, contact a family law attorney to understand your legal options at this time.

Essential Considerations for Paternity in Illinois

In Illinois, paternity can be established in a few different ways, including:

Through marriage – If a man and woman are married and a baby is born, the man will legally be considered the father.
Voluntary acknowledgment of paternity – This method involves both parents signing a voluntary acknowledgment of paternity (VAP) form at the hospital or birthing center where the child was born. This can also be done at a later time as long as both parents agree to it
Administrative paternity order – In Illinois, an administrative paternity order is a legal document that is used to establish paternity for a child and is issued by the Illinois Department of Healthcare and Family Services. This type of document is generally used when the mother of a child wishes the other party to provide child support
Judicial paternity order – If parties dispute the father's identity, a paternity case may be filed to determine the father. In many cases, a genetic test may be conducted to determine paternity

Why Paternity is So Important

Once paternity is established, fathers gain certain legal rights, including:

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Debunking the Common Myths of Premarital Agreements

Posted on Monday, 17 April 2023 in

Batavia Prenup Lawyer Premarital agreements, commonly referred to as prenuptial agreements, are contracts between two individuals planning on getting married. The agreement defines how the couple's assets and liabilities will be divided in the event of a divorce. Despite their growing popularity, many myths exist regarding premarital agreements. It is essential to debunk these myths to see whether a premarital agreement may suit you and your situation. Remember, if you are interested in a premarital agreement, contact an experienced family law attorney to learn more and see whether signing one may be in your best interest.

The Most Common Misconceptions Regarding Premarital Agreements

Premarital agreements are only for the wealthy – While premarital agreements are commonly associated with wealthy individuals and celebrities, they are not exclusively for the rich. Anyone can enter into a premarital agreement, regardless of their financial situation. In fact, premarital agreements can benefit those who have children from another marriage or own a business.
Premarital agreements are only necessary if the couple is planning to divorce – Many people believe that premarital agreements are only helpful in the event of a divorce. However, premarital agreements can also be helpful during the marriage. For example, a premarital agreement can specify how household expenses will be paid, assets will be acquired, and investments will be managed. By establishing clear guidelines for financial matters, premarital agreements can help the marriage.
Premarital agreements are unromantic and can damage the relationship – Some people believe that discussing premarital agreements can be a mood killer and can damage the romantic aspect of the relationship. However, discussing a premarital agreement can actually be a sign of trust and respect. It demonstrates that both parties are committed to being honest and transparent about their financial situation. Therefore, couples can strengthen their relationship by discussing premarital agreements openly and honestly.
Premarital agreements are not legally enforceable – Premarital agreements are legally enforceable in most states as long as specific requirements are met. To be valid, a premarital agreement must be signed in writing, signed by both parties and entered into voluntarily. Additionally, the agreement must be fair and reasonable when it is signed. It is essential to consult with an attorney to satisfy all necessary legal requirements to ensure the agreement's legitimacy.

Contact a Kane County Family Law Attorney

If you want to learn more about premarital agreements or are ready to sign into one, contact the experienced Batavia, IL family law lawyer at Van Larson Law, P.C. Call 630-879-9090 for a free consultation.

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What Are the Laws in Illinois Regarding Alimony?

Posted on Friday, 03 March 2023 in

Batavia spousal maintenance lawyer When people are divorcing, there are many financial concerns to contend with, including alimony or spousal maintenance. Judges in Illinois must consider whether one spouse merits receiving payments from the other spouse for any period of time during or after a divorce.

Spousal support in Illinois is generally either temporary or long-term. Temporary support may last only through the divorce process while long-term support will last much longer.

Long-term maintenance can also be fixed-term, indefinite, or reviewable. Fixed-term maintenance means a court establishes a date on which support will end, indefinite maintenance means that payments will continue unless an award is modified or terminated, and reviewable maintenance means a court will retain the right to revisit the award and modify it later.

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How to Choose an Attorney For My Illinois Divorce?

Posted on Tuesday, 07 February 2023 in

batavia divorce lawyer Ending a marriage can be an especially difficult and often confusing time. Even if a divorce is the best option for you and your spouse, it can still be a challenge to navigate the process. Hiring a divorce attorney is the best way to ensure you have access to the legal support you need. Your lawyer will guide you through the divorce every step of the way and help you step into the next chapter of your life.

But how can you pick the attorney best for you? There are many different things to keep in mind. With the added benefit of modern technology and the internet, researching is made easy so you can find the right fit for your needs.

What Type Of Attorney Do I Need?

There are many different types of law that can be practiced. In the case of divorce, a law firm that handles family law is what you will want. There are many different complexities involved in marriage dissolution cases, and knowledge of family law is essential.

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