Blog
Roscich & Martel Law Firm, LLC

Schedule your initial consultation Today

630-355-5222

214 1/2 S. Washington Street, Naperville, IL 60540
Recent blog posts

Illinois divorce attorneySometimes even after the divorce has been finalized, the fight to have a spouse follow court orders can leave people dealing with a divorce for a long time. Unfortunately, it is easier to seek enforcement of some court orders on divorce issues than others.

When a couple goes through a divorce, the court handles matters related to the splitting of the couple’s assets and debts, as well as child custody and child support. The court enters its findings and rulings in a court order that is supposed to be binding on the spouses once the divorce is finalized. This means that the spouses are expected to follow the court’s ruling, and if they fail to do so, they can be held in contempt of court.

Before a person can be held in contempt for not following a court order stemming from a divorce, the spouse seeking to enforce the court order has to file a petition. The petition is usually filed with the court that issued the divorce judgment and allows the court to have jurisdiction to hear the case. A hearing may have to be held on the issue of contempt.

...

Illinois divorce lawyer, Illinois family law attorneyThe thought of your child leaving the country without you and without your knowledge is enough to fill most parents with dread. In the context of a divorce, the fact that the child is going with a former spouse can still be unsettling to some parents depending on the relationship the parents have. How an international trip is handled between divorced parents depends on the parenting plan in place regarding parenting time and time sharing with the children.

In most situations, how a parent chooses to spend his or her parenting time with his or her children does not need to be approved by the other parent. However, vacations that require extended travel, especially out of state or out of the country require the parent to notify the other parent and provide details of the vacation. The children may also need passports, specific immunizations, and waivers in order to leave the country. If the parent who primarily has the children has these documents, then the other parent will have to disclose the travel plans.

Some countries will not allow a child to enter the country with a parent without a court order proving that the parent is allowed to travel with the child without the other parent, or a letter from the other parent giving express permission for the trip. In addition, a minor cannot be given a passport without both parents being present when the application is made, or without a legal document allowing one parent to apply for the passport alone.

...

b2ap3_thumbnail_prenuptial-agreements-Naperville.jpgCouples who are in love and about to get married do not generally enjoy talking about the possibility of divorce. However, if one or both of the individuals about to be married are wealthy, or the couple is entering into a blended family situation, the discussion of what happens when the couple divorces can come up in the form of discussing a prenuptial agreement. Prenuptial agreements are recommended more often today, and can make good financial and legal sense.

A prenuptial agreement, also known as a premarital agreement, is a contract between two people that is signed before marriage, and is enforceable after the marriage takes place. Unlike other contracts, a prenuptial agreement does not need consideration, or a payment from one party to the other, in order to be valid. All it needs to be legally valid is for the terms to be legally enforceable, and for the agreement to be signed by the future spouses.

Prenuptial agreements can work for all involved if there is transparency from the start. This usually means that both sides have to make full financial disclosures in order for the premarital agreement to be legally binding. In addition, if one of the spouses signs the agreement under duress, that is, involuntarily, then a court is likely to find that the prenuptial agreement is invalid.

...

child support payments,  Naperville child support lawyer, child support order,  pay child support, child support paymentsSome parents who are ordered to pay child support do not do so willingly. While it is generally understood that child support is ordered in order to assist with providing for the child, some parents feel as though the other parent should not get to decide how that money is used. This can sometimes cause friction, and the parent who is ordered to pay child support can decide not to pay child support in order to protest how the child support is spent.

Illinois courts decide which parent pays child support based on the statutory guidelines. Under previous Illinois law, the child support payments were calculated as a percentage of the paying parent’s applicable income. Under a law that took effect on July 1, 2017, child support payments in Illinois will be calculated as a percentage of the combined income of both parents, and will also take parenting time into consideration when deciding how much child support is to be ordered.

A parent cannot dictate how the other parent spends the child support payments the court has awarded. Whether the other parent uses the child support payments to pay for food, clothing, and shelter for the child, or to pay for vacations and other activities for the child, the parent who is ordered to pay child support has no right to request an accounting of how the money is spent.

...

changing your name, Illinois divorce, name change after divorce, name change, dissolution of marriageMany spouses decide to take their significant other's last name as their own after a wedding. When the couple divorces, especially after years of marriage, the spouse who took on a married last name can decide to keep the name or change it. Fortunately, there is no legal impediment to changing back to the use of a maiden name.

A spouse may want to retain a married name for various reasons, including a desire to share a last name with the couple’s children or because the spouse has built a career and reputation under the married name. Whatever the reason, the spouse is not required to provide a reason or to prove it to be true in order to go back to using a maiden name after a divorce.

In a divorce decree, known as the Judgment for Dissolution of Marriage, the spouse who took on a married name can be given the opportunity to change back to the maiden name without having to do much more. Usually, the ability to resume the use of a maiden name is included in the decree at the request of the spouse who may need to change back to the maiden name. This way, the name change is legally authorized.

...
Back to Top