Posted on April 27, 2017 in Prenuptial Agreement

As a recently engaged person, you may have felt elated that your life has reached this point. Of course, once the euphoria of the moment has passed, you likely know that your future marriage will undoubtedly have its issues, as all relationships do. Though you and your future spouse may work through many of the conflicts that could arise, the possibility of facing divorce may have also crossed your mind.

You certainly do not want to enter your marriage thinking that it will fail, but you also likely do not want to count this possibility out. Therefore, you may want to take the time to consider creating a prenuptial agreement in order to protect yourself, your future spouse and other life aspects that hold importance through pre-arranged terms.

Personal debts

With your prenup, you and your significant other can come up with terms that protect each other from debts you each accrue. In the event that you divorce, the terms of your agreement can protect your property from creditors looking to collect on your spouse's debts.

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 Posted on April 19, 2017 in Domestic Violence

A protection order in Illinois acts as a deterrent to help keep people safe from a known assailant. The Illinois General Assembly states that an order of protection can be obtained by someone being abused, neglected or mistreated by a family member, care giver or member of the household. In order to get a protective order, a person must file a petition with the court. If a person already has a related case in court, the petition can be filed as part of that case. For example, if a person is getting divorced and wants an order against the soon-to-be ex-spouse, then it can be filed as part of that case.

The petition must have a sworn statement that the person filing has been abused by the person it is being filed against. Because an order of protection is not a criminal issue, there is not trial by jury option. The hearing will be expedited, though, to help it move through court quickly. A judge will hear testimony and make a ruling on whether to grant the order.

DuPage County offers a checklist to help individuals decide if they meet the minimum requirements for filing for a protective order. The abuse needs to be current, within the last three days, because these orders are designed to stop an immediate threat. In addition, an order will only be awarded is there is a domestic relationship between the person filing and the person it if filed against. Finally, it can only be filed for in DuPage County if the person filing or the person being accused lives in the county or the abuse took place in the county.

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 Posted on April 06, 2017 in Child Custody

If you have ever gone through an Illinois divorce, you know that separating from your spouse involves big changes in many areas of your life. While you may not have to give it the same immediate attention you would, say, finding a new residence, it is important to understand how your divorce may affect your child’s ability to secure financial aid for college. At Fawell & Fawell, we have helped countless clients navigate through separations and divorces, and we have a firm understanding of the various areas in which doing so may impact your life.

When it comes to working your way through the financial aid process after divorce, be honest and upfront about income, but only share what is required of you. The Free Application for Federal Student Aid, for example, looks closely at the income of the “custodial parent,” which, in this instance, refers to the parent with whom your child lived with the most within the last 365-day period.

If you are considered the custodial parent and you remarry, know that your new spouse’s income will also be taken into account in most cases to determine how much financial aid your child is ultimately offered. If you are the noncustodial parent, your income will typically not need to be included, although any child support you pay to the custodial parent generally does.

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 Posted on March 22, 2017 in Child Support

When a parent is getting divorced, many different legal issues can have big impacts on them and their children. This includes issues regarding child support. One thing that can play a very big role in what happens when it comes to child support in an Illinois divorce is the formula for calculating child support in the state.

This formula is about to undergo some major changes. The changes were approved last year and will take effect at the start of this July.

Currently, the state's child support formula involves hard percentages. Under the changes, this will be scrapped in favor of a new calculation method. This new method will factor in things such as the incomes of both parents and the parenting time distribution among the parents. These changes could have a range of impacts on what child support matters end up looking like here in Illinois.

There can be growing pains associated with any change in family law. Among the concerns that have come up regarding the upcoming child support formula changes are concerns that they could create some complicated situations when it comes to child support matters in the state. One wonders how the transition to the new formula will end up going.

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 Posted on March 19, 2017 in Criminal Defense

You may be familiar with the phrase "copping a plea," which is commonly uttered in crime and courtroom movies and TV shows. Copping a plea refers to pleading guilty and accepting penalties for criminal charges in exchange for not going to trial. Negotiating this agreement is known as plea bargaining, and it is typically the method by which sentences are decided.

If you are facing criminal charges, you will certainly want to consider entering a plea bargain. Simply put, you need to decide if a plea bargain offers you your best possible outcome. Among the factors upon which you can base your decision are:

• The strength of the prosecution's evidence against you.
• The likelihood you will be found guilty at the conclusion of the trial.
• The seriousness of the crime you allegedly committed.

The primary advantage of accepting a plea deal is that you will almost certainly receive a more lenient sentence than what you would receive if you are found guilty in a trial. Because court systems are often overburdened, plea bargains are a preferred method of resolving cases.

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 Posted on March 08, 2017 in Automobile

As with most legal questions, the answer is: sometimes. You can never pass a school bus when you and the bus are going in the same direction, regardless of how many lanes a road has. However, on a 4-lane road with at least 2 lanes of travel going in each direction, you need not stop for a school bus stopped in the opposite lanes of traffic. For example, if you are driving eastbound on a 4- or 5-lane stretch of Roosevelt Road in Wheaton, you need not stop for a westbound school bus.

Illinois imposes serious penalties for improperly passing a stopped school bus, which is probably why drivers can be overly cautious when they see a stopped school bus on a 4-lane road. If you are convicted of improperly passing a school bus, you cannot receive court supervision and the Secretary of State is required to suspend your license. The mandatory suspension period is 3 months on a first conviction, which is a long time to go without a car.

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 Posted on February 27, 2017 in Child Custody

So often, men work to keep up a brave front, even when they are hurting deeply. And when a marriage comes to an end, a man may carry more remorse and guilt than he will ever reveal. This can be especially true for fathers who believe they might have contributed to the unhappiness that befell the family during the latter days of the marriage.

But while struggling with the emotions that are a natural part of a divorce, it is important for a father to maintain his objectivity and be honest about what he really wants with regard to visitation and child custody.

Unfortunately, children are far too often used as leverage against a man in a divorce. Sometimes an ex is so angry that she may fight any attempt on a father's behalf to get advantageous custody terms. There may even be accusations of neglect or other types of bad behavior designed to convince a judge that the man is an unfit parent.

In such circumstances, a man may become too discouraged to battle for the right to have a fair amount of access to his child. And if this is your situation, you should be aware that you don't have to deal with the issue on your own.

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 Posted on February 13, 2017 in Child Support

If you have issues related to getting financial support provided by your child's other parent, you will need to acquaint yourself with the services provided by theDivision of Child Support Services, which is part of the Illinois Department of Healthcare and Family Services.

The DCSS exists to serve custodial parents in a number of ways, including:

• Legally establishing parenthood when it has not been established by marriage.
• Helping obtain child support orders.
• Locating a child's noncustodial parent.
• Collecting the payments that are due in accordance with an established child support order.
• Collecting child support payments that are past due.
• Modifying the amount of child support that was established in the support order.

Obviously, these are very important services and DCSS is an indispensable entity, especially when you are having trouble getting your child's other parent to live up to his or her financial obligations.

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 Posted on February 07, 2017 in Domestic Violence

Being in an abusive relationship is frightening, painful and confusing. It is so hard to understand why someone that you love would hurt you. And your instincts may be to try to help your partner work through his or her problem and be the person you need by your side. You may have even implored your partner to take steps to confront and correct the issue.

But unfortunately, appealing to an abuser to change his or her ways is all too often a futile endeavor. According to a representative of the National Domestic Violence Hotline, abused partners often try to "save" their abusers by trying such tactics as:

• Issuing an ultimatum to the abusive partner.
• Attempting to coax their abusive partner into therapy.
• Going to or suggesting couple's counseling.
• Trying to get their abusive partner into a batterer intervention program.

On the surface, each of these courses of action may seem to make sense. But in reality, it is up to the abusive partner to change. So, you are left with a choice; stay in a dangerous situation hoping your partner finds the willingness to change or leave and begin your life anew.

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 Posted on January 31, 2017 in Prenuptial Agreement

Most people probably know that prenuptial agreements determine who gets what in the event of a divorce, but many assume that these agreements are only for the wealthy. What you may not know is that a prenuptial agreement can be beneficial for couples of any income level who have various financial concerns, and it can provide much needed financial protection for the future.

A prenuptial agreement is a smart choice for many Illinois couples, and it could be a smart choice for you. These are legally binding agreements, and in order for yours to be properly drafted and enforceable, it is important to work with an experienced family law attorney.

Important issues to address and questions to ask

Prenuptial agreements are most appropriate for couples with a significant amount of assets to protect or those with a desire to avoid conflict and litigation in the event of a divorce. If these agreements are to be enforceable, they must be fair and reasonable. Before you move ahead with this step, ask the following questions:

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