Posted on January 10, 2024 in Child Support

One of the best-known facts of life is that things change. For better or for worse, you can plan something for your future and then find that your situation is extremely different just a few years later and your plans are no longer relevant. The same is true for plans made as part of a divorce settlement

You might have been gainfully employed at the time of your divorce and have committed to pay a certain sum in child support. The amount that would make a huge difference in your ex’s ability to cover childcare costs might not have even been something you considered a lot at the time. However, if you are unexpectedly laid off from your job and suddenly find yourself nervous that you might not be able to cover your monthly expenses, things can become more complicated. If you pay child support and have lost your job, you should speak with an experienced Wheaton, IL child support attorney to help you make sense of a confusing situation.

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 Posted on December 20, 2023 in Domestic Violence

Children who witness domestic violence or who experience the violence first hand will likely suffer both short and long-term damage. The short-term damage is often obvious but the long-term damage can go unnoticed well into adulthood. When domestic violence arises in a household, whether you require immediate support for your children or an order of protection for yourself, it is a good idea to involve a lawyer as soon as possible.

Short-Term Effects of Domestic Violence in Children

Children can be affected in many ways after witnessing or experiencing domestic violence from a family member, especially one of authority. The age in which the violence takes place is also a factor in how it will affect them. A minor child may have no idea what is going on when it occurs or have no understanding of why it is happening in the first place. An older child may simply feel powerless to prevent it.

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 Posted on December 07, 2023 in Child Custody

Every parent’s situation is different and as such it can be difficult to create a perfect parenting time schedule. Oftentimes a 50/50 split is not the best solution and, in cases where parents cannot agree or there are questions of parental fitness, it may be up to the court to determine the best interest of the children and the appropriate parenting time schedule. Illinois prefers that each child has two involved parents in their life so long as it does not affect the mental, physical, emotional, or moral well-being of the child. For a deeper understanding of how parenting time is allocated, speak with an experienced attorney.

Parenting Time As Defined By Illinois Law

Formerly known as visitation or physical custody, parenting time involves how much time a parent can spend with their child. It covers the rights and responsibilities each parent has to their children after a divorce. Parenting time will determine where a child’s permanent residence is located, how often that child will spend with each parent, the responsibilities of each parent when the child is with them, and the means of transportation between visits.

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 Posted on November 22, 2023 in Family Law

Even the most happily married couples can benefit from drafting a postnuptial agreement. Though it may have been better to sign a premarital agreement before tying the knot, a postnuptial agreement can still enable both parties to protect their interests in the event the blissful union comes crashing down in the future. For help with drafting either a premarital agreement or postnuptial agreement, consult an experienced and qualified lawyer.

What is a Postnuptial Agreement?

Premarital agreements occur before getting married. Both parties sign a contract defining what belongs to them and remain with them should a divorce happen sometime after saying their vows. A postnuptial agreement, or postmarital agreement, is similar but happens after the marriage has already started.

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 Posted on November 06, 2023 in Divorce

Traditional divorce litigation can be mentally, emotionally, and financially draining for both parties. Contested divorces are oftentimes extremely ugly as much as they are expensive. Collaborative divorce is a terrific alternative that could lead to a more amicable divorce settlement. Collaborative divorce requires legal representation. A skilled and experienced divorce attorney who understands collaborative law can be a boon to your efforts.

What is Collaborative Law?

Collaborative divorce differs from traditional litigation in that it is an entirely voluntary process that allows couples to try and work out their differences away from the typical courtroom drama. Rather than trying to “win” the divorce, couples will have a chance to come to terms on contested issues in a less hostile setting. The focus in a collaborative divorce is to respect both parties’ wishes and concerns and try to create the best outcome for both parties and their children. The process requires a participation agreement signed by both parties and their lawyers.

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 Posted on October 20, 2023 in Family Law

The thought of bringing a child into your loving home should be one of joy and anticipation. Housing a child in need of a family is a tremendous display of bravery and commitment. However, there are those in the world who are corrupt and would choose to rain on your parade through deceptive tactics. Choosing to adopt means remaining vigilant to possible adoption scams and professionals out to disrupt your happiness. Though not necessary, seeking legal counsel and support from a trusted and experienced attorney before engaging in the adoption process is highly recommended.

Common Adoption Scams

Adoption scams can occur in situations that you may not expect otherwise. The most common, according to many wrongful adoption cases, comes directly from the agencies where adoption takes place. Oftentimes, the adoption agency may fail to provide the full background information on a child to the adoptive parents.

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 Posted on October 09, 2023 in Prenuptial Agreement

Getting married is a big decision you do not want to take lightly. One thing to think about is all of the financial implications of getting married before you say "I do." A good way to protect your finances and assets is with a prenuptial agreement (prenup), also known in Illinois as a premarital agreement.

Whether or not a prenup is a good idea will depend on your individual circumstances. Having an in-depth discussion with an attorney is a great idea if you are currently leaning toward the side of uncertainty.

What Can I Include in a Prenup?

Premarital agreements can cover various topics under Illinois statute 750 ILCS 10/4:

• The rights to how your premarital property will be divided

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 Posted on September 20, 2023 in Domestic Violence

Domestic violence is a serious problem that affects millions each year in the home as well as the workplace. It can cause victims to miss work or arrive late due to injuries, court appearances, or other obligations related to the abuse. Victims may be distracted or unable to focus on their work due to stress, anxiety, or fear. The abused may experience harassment or threats from their abusers at work. In some cases, domestic violence can even lead to workplace violence.

It is important to reach out for help if you or someone you know is suffering from domestic violence. There are many resources available to victims of domestic violence, including domestic violence shelters, hotlines, and counseling services. You can also contact a family law attorney to discuss your legal options.

How Does Domestic Violence Affect Victims At Work?

Domestic violence is a serious problem that has a devastating impact on families, workers, and economies alike. It can lead to physical and mental health problems, economic dependence, and job loss. The National Network to End Domestic Violence claims that more than one in four women and one in seven men will experience domestic violence in their lifetime.

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 Posted on September 07, 2023 in Divorce

Like any form of mistreatment, emotional abuse is devastating. As with physical abuse, this behavior should be taken seriously by those who encounter it and a victim of abuse should seek help when necessary.

If you are going through a divorce, you might be wondering how your emotionally abusive partner will affect your case. The answer to this question is not simple. But, this is not a reason for despair. An Illinois family lawyer can assist you. Here at Fawell & Fawell, we are here to help you navigate your journey and will do the best we can to help.

What is Considered Emotional Abuse? 

It is important to define what exactly constitutes emotional abuse. In general, when people speak of an emotionally abusive spouse, they are describing a person who is attempting to control them in many areas of life. Here are a few examples:

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 Posted on August 30, 2023 in Divorce

Domestic violence is a very serious crime but can be especially hurtful when it comes from a partner. Often, the abused partners turn to divorce to secure their safety or the well-being of their children. No matter what, the safety of you and your children comes first. 

If you are in immediate danger, seek the aid of law enforcement or a domestic violence shelter. Once you are in a safe location, you can start with the divorce process. There are several measures you can take to protect yourself. Having the professional guidance of a divorce attorney is always ideal and can help you reduce all risks and concerns involved.

Can I File a Restraining Order Against My Partner?

The laws of Illinois protect domestic violence survivors. You can always file an Order of Protection while filing for divorce. The protection order limits your partner's contact with you and your children. The order also allows you to maintain everyone’s safety and privacy. Once you relocate to a safe area, change your contact information for added security. A divorce attorney who has experience working with victims of domestic violence can help you apply for an Order of Protection and start the divorce process. 

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