Posted on January 16, 2025 in Divorce

Some people avoid seeking out a lawyer during a divorce out of fear that it would only complicate things further. Contrary to that belief, a skilled divorce attorney can make the process much smoother. With a strong attorney at your side, you can negotiate from a stronger position and cut down on the labor that goes into finalizing a dissolution of marriage. 

At Pesce Law Group, P.C., we know just how complex divorce can be. Our dedicated Naperville, IL family law attorneys can help you at any stage of a divorce, and if necessary, we are ready to represent your best interests in court.

Legal Guidance

One of the most valuable things a divorce attorney can provide is counsel. It is unreasonable to expect every couple going through a divorce to know the ins and outs of the law, but a lawyer can easily fill the gaps with a comprehensive understanding of Illinois statutes. 

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 Posted on January 05, 2025 in Divorce

Falling out of love in a marriage after a honeymoon period is not an uncommon phenomenon. The realization that things simply are not working can come as a shock, launching you into a crisis. Divorce is a sensitive subject, and it should be broached with care. You should brace for the possibility that your spouse will not react well. But ultimately, it is a conversation that cannot be avoided if you want to move forward with your life.

It warrants mentioning that if your spouse has a history of domestic violence, or if you have any reason to fear retaliation from your spouse, you should prioritize your own safety and take legal measures to protect yourself. A Naperville, IL family law attorney at Pesce Law Group, P.C. can help you plan for divorce, working towards a solution for the proper dissolution of your marriage.

Find an Appropriate Setting

The best place to break the news about your intent to divorce your spouse is somewhere private and comfortable. This might take place in your home, or a neutral spot like a local cafe, although the last thing you want is to cause a spectacle where you can feel the pressure of onlookers.

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 Posted on December 30, 2024 in Child Custody

In the midst of a divorce or other pressing issues of family law, you may have concerns about your rights as a father. Certain questions might keep you awake at night, questions like Will I be able to see my children regularly? How can I be legally recognized as a father? How will the courts decide on custody?

If any of these worries resonate with you, it may be time to get in contact with a skilled Naperville, IL family law attorney who can inform you of your rights and represent you in court. Legislation around fatherhood is always changing, and knowing where your state stands on any particular issue can be immensely helpful. The attorneys at Pesce Law Group, P.C. are prepared to fight for you in and out of court, making sure your concerns do not go unheard.

Reasonable Parenting Time

In Illinois, both parents are entitled to reasonable time with their children, save for cases where "[the court] finds [...] that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health," which could result in restrictions on parenting time. When allocating parenting time (also commonly referred to as "visitation"), the court assumes that both parents are capable unless proven otherwise. The right to reasonable parenting time also extends to fathers who do not have decision-making responsibility, or legal custody.

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 Posted on December 23, 2024 in Division of Assets

In Illinois, it is the court’s preference that divorces should be settled outside of court with a resolution created and agreed to by both spouses. Mediation sessions can help you and your spouse come to a mutual agreement about how your marital property should be divided. However, if mediation proves unsuccessful and your divorce goes to court, the property shared between you and your spouse will be divided at a judge’s discretion. 

In these situations, it is imperative that you are represented by an Illinois family law attorney who can advocate for your rights to your property. At Pesce Law Group, P.C., our experienced lawyers are prepared to advocate aggressively on your behalf, protecting your best interests during a divorce.

Marital and Non-Marital Property

When your divorce case goes to trial, all of your assets will be categorized as either marital property or non-marital property. This process of asset division can be labor-intensive, as it entails a thorough examination of all your property, including your home, any vehicles, bank accounts, and more. 

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 Posted on November 27, 2024 in Paternity

According to Illinois law, a woman is automatically considered the legal mother of a child when she gives birth. If she is married to a man at the time, her husband is automatically considered the father.

A man who is not married when his baby is born does not automatically have recognized legal status as the father unless he and the mother sign a voluntary acknowledgment of paternity, or one parent petitions the court to admit DNA evidence.

What happens when the mother is not exactly sure who the father is? What happens if she knows but loses contact with him before she can tell him she is pregnant? There are scenarios in which a man believes he could have fathered a child but does not have legal paternity. In such cases, the man can consult with a knowledgeable Naperville, IL family law attorney about registering as a putative father to protect his rights.

What is a Putative Father?

A putative father is a man who thinks he might have fathered a child but is not yet legally recognized as such. Sometimes a mother does not know who the father of her child is. Sometimes, she never informed him, so he has no way of knowing. A putative father may have been unaware that a child was conceived and found out later that it happened around the time he had a sexual relationship with the mother.

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 Posted on November 13, 2024 in Divorce

When a married couple no longer wants to continue being together, they can get a divorce. While the vast majority of people in America are familiar with this concept, many of us have no idea how to go about actually making a divorce happen. There are several steps that need to be taken and things to keep in mind. Luckily, if you are ready to get divorced and do not know how to get started, an experienced Naperville, IL family law attorney can help.

Step 1: Determine Residency

There is no waiting period for filing for divorce in Illinois, but residency requirements need to be met. At least one of the spouses needs to reside in Illinois for at least 90 days before filing, and the petition needs to be filed in the county where at least one spouse lives.

Step 2: Prepare a Petition for Divorce

A divorce petition is essential paperwork that you need to file with the court in order to have your case processed. You will need to fill out forms and provide detailed personal information. A major aspect of the divorce petition is a section on the grounds for divorce, where you explain why you want the divorce.

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 Posted on November 05, 2024 in Divorce

Divorce can be painful for any couple. It is especially true for people who still love and care about each other but cannot manage to live together. In most cases, an ended marriage remains that way. However, in rare cases, people who got divorced from each other end up marrying each other again. If you and your ex have reconciled and are interested in pursuing a second marriage, speaking with a qualified Naperville, IL family law attorney can help clarify any issues you want to discuss.

Steps to Take When Remarrying Your Ex

Before you and your ex marry each other again, there are several steps to take:

• Resolve your relationship issues: Realizing that you love and want to marry your ex-spouse can be confusing and exciting at the same time. Maybe you got divorced because of a tangible, objective issue that has been resolved and no longer presents a problem. Maybe your marriage ended for a more subjective reason, but you both realized with time and distance that you would rather do the hard work of overcoming it than stay separated. Regardless of the reason, make sure that whatever broke up your relationship will not be a problem during your second marriage.

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 Posted on October 31, 2024 in Divorce

No matter the circumstances, divorce is generally not something people consider a nice experience. However, there are many misconceptions about what happens when a couple ends their marriage. Many people are surprised to find that their lives became much better after they left their unhappy marriage. If you are considering divorce but need clarification on what you can reasonably expect, speak with an experienced Naperville, IL family law attorney.

Why Is There So Much Confusion About Divorce?

A major source of confusion about divorce stems from the mistaken belief that there is a uniform model for divorce. In reality, some divorces are bitter, and some are amicable; some divorces are contested, and some are uncontested; some take several rounds of negotiations, and some are easily resolved. Since people are all unique and every couple is affected by different variables, there is no one right way to get divorced. A trustworthy and attentive lawyer can review your situation and advise you on which methods might best suit your needs.

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 Posted on October 23, 2024 in Divorce

People tend to think of their wedding as the start of their "happily ever after," but for approximately 41 percent of couples in America, it can be the opposite. With divorce affecting so many people, there is increasing awareness of how it can negatively or positively affect someone’s mental health. It used to be commonly thought that divorce was associated with mental health concerns like depression, anxiety, and alcoholism. Nowadays, more people are discussing the benefits of ending an unhappy marriage. If you are concerned about the possible mental health effects of divorce, speak with an experienced Naperville, IL family law attorney to get a better sense of what you can expect from the process.  

Mental Health Risks Associated with Divorce

Given the distress, uncertainty, disappointment, and heartbreak that can accompany a divorce, it is no wonder that there are strong links to mental health risks. One study indicated that when a couple mutually decides to separate, there are fewer mental health implications. When the person’s spouse initiates the separation, the harm tends to be more significant. In general, mental health issues that can be associated with divorce include:

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 Posted on October 16, 2024 in Child Custody

People can easily take it for granted when they have a healthy family dynamic, with parents who raise their children and provide them with a safe and nurturing environment. For many families in America, that can seem like a fantasy that is out of reach. Sometimes, people have babies even though they never planned on having children and they are not capable of raising them properly. Other times, tragedy strikes, interfering with a parent’s ability to care for a child.

When that happens, it is sometimes possible for a responsible adult in the child’s life to seek guardianship over the child. This can be a relative, like a grandparent, aunt, or uncle, or another adult who has a relationship with the child. When someone undertakes a child’s guardianship, it does not mean that person is adopting the child. However, a guardian is given the authority to become the child’s caregiver. This article will describe how someone can be granted child guardianship. Speak with a skilled Naperville, IL family law attorney to learn more.

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