Blacha Law OfficesNaperville & Joliet Divorce Attorney | Will County Family Law2024-03-06T21:36:16Zhttps://www.napervilledivorcelawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1404309/2020/11/apple-touch-icon-75x75.pngOn Behalf of Blacha Law Office, LLChttps://www.napervilledivorcelawyer.com/?p=515602024-03-06T21:36:16Z2024-03-06T21:36:16ZAny time that there’s a conflict over child custody, the emotional stakes can be pretty high – and the legal terrain can be complex.
In many instances, it is wise (or outright necessary) to involve a guardian ad litem (GAL) in a custody case. A guardian ad litem is a court-appointed representative who advocates for the best interests of a child or children – and only the child or children – during legal proceedings, particularly in custody disputes. The primary goal of a GAL is to provide the court with an independent and unbiased assessment of what would be in the child's best interests regarding custody, visitation and any parenting plans. Since a guardian ad litem can be a powerful voice in any family legal matter involving children, it’s important to understand as much as you can about when they are used and what effect they can have.
When is a guardian ad litem necessary?
The appointment of a guardian ad litem can be requested by either party involved in a custody dispute. Even if neither side requests one, the court may decide to appoint a GAL. This is particularly likely to happen when the parties have been unable to reach any sort of compromise regarding the children despite ongoing efforts. A guardian ad litem may also be imposed by the court when:
There are allegations of abuse or neglect: When one or both parents claim that the other is abusive or neglectful, the court may appoint a GAL to dig deeper and investigate the claims to see if they can determine if the accusations are credible.
The situation is clearly a high-conflict case: Some custody cases are marked from the start as “difficult,” either because there is a deep-seated conflict between the parents or some conflict between the child and one or both parents. In high-conflict situations, a GAL can serve as a neutral third party to assess the situation objectively and recommend a custody arrangement that prioritizes the child's needs.
There are other reasons that custody is complicated: When a child has unique medical concerns or special needs, or there is anything unusual about the situation, the GAL can provide valuable insights into the child's unique requirements and advocate for a suitable arrangement.
Once a GAL is involved, they will meet with all the parties to the custody issue and interview them, and they will speak to the child or children alone. They will also likely visit each parent’s home to see for themselves if the parents are both able to provide the child or children with safe living spaces. They also have the authority to subpoena witnesses, if necessary, and they may want to speak to a child’s teachers, doctors and other relatives to get more information about a situation. After an exhaustive investigation, they may either provide the court with their recommendation in writing or through direct testimony.
Should you request a guardian ad litem?
If you are prioritizing the best interests of your child or children and are committed to meeting their needs, a GAL can be helpful – but it is always good to remember that the GAL’s recommendations are not binding upon the court. The judge still has the final say. When a custody dispute begins to escalate, legal guidance can help you better understand what to expect at each step.]]>On Behalf of Blacha Law Office, LLChttps://www.napervilledivorcelawyer.com/?p=515552024-02-23T19:19:12Z2024-02-23T19:19:12Zprenuptial agreement have on divorce proceedings?
It allows for an uncontested divorce
Every couple filing for divorce has the option of doing so cooperatively. Sadly, many couples preparing for divorce find it impossible to work together because of the decline in their relationships. When couples have a prenuptial agreement on record, they typically have very little to negotiate during the actual divorce process. They have already set terms that can facilitate an uncontested filing.
Prenuptial agreements can clarify expectations about property division, support matters and other key divorce matters. Theoretically, those with a prenuptial agreement in place do not need to negotiate with one another or litigate in family court. Instead, they can proceed with a simple uncontested divorce filing. The terms established in the prenuptial agreement guide the divorce process and can substantially reduce conflict during negotiations. When spouses agree that the prenuptial agreement is valid, they can anticipate a low-conflict divorce.
It could trigger additional litigation
Prenuptial agreements can occasionally be the source of divorce disputes. Sometimes, one spouse might claim that they didn't have proper legal representation or signed while under duress. In those unusual circumstances, spouses may litigate about the validity of the prenuptial agreement. Those situations can end up being very frustrating and expensive for the people involved.
Those who are cautious when developing their initial prenuptial agreements have a better chance of avoiding arguments about the validity and enforceability of the agreement later. Understanding how prenuptial agreements affect divorce proceedings could help people preparing for divorce or contemplating the creation of a prenuptial agreement after getting engaged to make more informed decisions about their circumstances.]]>On Behalf of Blacha Law Office, LLChttps://www.napervilledivorcelawyer.com/?p=515492024-02-13T15:41:30Z2024-02-13T15:41:30ZDealing with a visit from the Illinois Department of Children and Family Services (DCFS) can be a stressful experience for any family.
While the primary goal of DCFS is to ensure the safety and well-being of children, parents need to be prepared and informed about their rights because a report – whether well-meaning or retaliatory – that you are abusing or neglecting your children can have disastrous consequences for your entire family. DCFS does have the power to remove your children from your home (and even eventually move to terminate your parental rights) if they determine that the environment is unsafe – but they cannot act without justification.
How do DCFS investigations start?
Most DCFS investigations start because someone called the agency’s hotline and made a report that they suspected child abuse or neglect. In some cases, the report may come from a “mandated reporter,” like a teacher or a physician. Their professional licenses require them to make reports in certain situations, even if they are unsure. In other cases, reports are made by family members or others simply because of interpersonal disputes (especially custody battles).
Can DCFS enter your home without permission?
DCFS caseworkers will generally ask to come into your home. You can generally refuse them permission – but it is important to consider the potential ramifications of doing so. If the allegations are severe and there is enough concern to justify it, the DCFS caseworker may leave just long enough to obtain a court order that gives them the legal right to enter your home over your objections.
What happens at a DCFS home visit?
The DCFS caseworker will typically want to inspect the home where the child is living – and, understandably, you might be anxious about their judgment. DCFS caseworkers are required to use a specific checklist during the evaluation to see if your home and children are safe. Some of the things they look for are:
Is the house reasonably clean and safe?
Are weapons locked up?
Are all the utilities turned on?
Is there an appropriate adult caretaker around?
The caseworker will also ask to speak to your children. While you can prevent this, they will most likely just go to your children’s school or daycare to accomplish their goals. If you do allow the caseworker to speak with your children, you have the right to make sure that someone you trust is present at the time so that the children’s words are not twisted or misconstrued. In general, unless DCFS has evidence showing that your children are in immediate danger, they cannot put the children in protective custody. Instead, they may ask you to agree to a safety plan that requires you to correct any “faults” they find as they go through the checklist.
What are your other options?
In general, you always have the right to seek legal guidance when you are faced with a DCFS investigation. It’s usually wisest to act quickly. Legal guidance can mean the difference between a quick resolution and months of stress and difficulty as you seek to protect your parental rights and your relationship with your children.]]>On Behalf of Blacha Law Office, LLChttps://www.napervilledivorcelawyer.com/?p=515472024-02-01T09:29:06Z2024-02-01T09:29:06ZThese days, more and more ordinary items have some kind of digital connectivity. Nobody thinks twice about having a digital home assistant like Alexa or Amazon Echo – nor do they think much about having digital thermostats, digital health monitors, digital doors and more.
They may also not realize that this Internet of Things is a prime opportunity for abusive spouses to find new ways to exert control over their partners. Unlike physical abuse, digital or technological abuse can be entirely invisible and hard to prove. Digital or technological abuse can take several different forms. Some of the most common examples of digital abuse include:
1. Digital surveillance
Nobody should be subjected to round-the-clock monitoring but modern digital devices make it possible. Between in-home cameras and apps that send alerts every time a door is opened, an abusive spouse can monitor even the smallest movements of the victimized spouse, as well as all their comings and goings. Tracking devices inside a bag, in their car or on their smartphone can also keep the abuser apprised of the victim’s movements outside of the home. Digital assistance in a smart fridge can even be used to monitor what the victim eats.
2. Social media monitoring
An abusive spouse generally will seek to limit the victimized spouse’s contact with others so that they do not develop an effective support group. For that reason, they may seek to control their social media exchanges. They may insist that the victimized spouse “unfriend” or block anybody the abusive spouse doesn’t approve of as a friend and periodically demand access to their accounts so that they can see what the victimized spouse has been saying.
3. Physical control
Some abusive spouses have been found to use a lot of smart home technology to inflict psychological torture on their spouses, controlling everything the victim experiences from afar. This can involve taking control of the locks on the doors so that the victim is unable to leave the home or a certain area of the home, or using remote disabling controls on their car so that they cannot drive anywhere without permission.
4. Online harassment
Sometimes an abusive spouse will intentionally terrorize the victimized spouse to increase their feelings of uncertainty and isolation. They may create fake online profiles to engage with their spouse online and harass them. Or, they may use manipulated photos to spread what looks like obscene material to friends and relatives in order to publicly humiliate the victim.Victims of digital abuse often feel like they are going out of their minds, and they worry about not being believed. After all, a spouse who is clever enough and technologically savvy enough to use digital devices as a method of abuse is probably also smart enough to hide the evidence. However, recognizing the signs of digital abuse can be the first step toward breaking free. If you are the victim of domestic abuse of any kind, protective orders can help you get through your divorce. Seeking the guidance of an experienced attorney can allow you to find the support you need to move forward.]]>On Behalf of Blacha Law Office, LLChttps://www.napervilledivorcelawyer.com/?p=515072024-01-12T09:54:36Z2024-01-12T09:54:36ZInflation has been bouncing up and down, cryptocurrency values have fallen dramatically, real estate holdings may have skyrocketed in value – or be sitting half-empty because there aren’t enough commercial tenants around. The stock market, too, has been capricious in the last few years.
For many divorcing couples, the rapid economic fluctuations that have been occurring may not matter so much, especially if they have no real estate and little to no investments. However, high-asset divorces are already more complicated than the norm, and the tricky economic situation of the last few years has made property division for affluent couples even more challenging. Understanding these dynamics is crucial for couples navigating a divorce in an ever-changing financial landscape. Here are some of the things to keep in mind:
Market volatility and asset valuation
Economic downturns or stock market fluctuations can significantly affect the value of investment portfolios, real estate and business holdings. High-asset divorces involve the equitable distribution of these assets, and valuations made during an economic downturn can have a lasting impact on each party’s final settlement.
Business valuation challenges
Economic uncertainties can be highly problematic when valuing businesses in a divorce. A business that was worth billions a few years ago may only be worth millions today. Sudden downturns may affect a company’s cash flow, market demand and overall business value, leading to disputes over the fair division of the marital assets.
Interest rates and asset division
Changes in interest rates can influence the cost of borrowing and impact other financial aspects of divorce settlements. Those fluctuations might significantly affect the allocation of debt and the ability of each party to refinance their debts, leading to more restricted cash flow. Ultimately, that can play into how the marital debts must be divided.
The tax implications of asset sales
Economic downturns may force the sale of certain assets to generate liquid funds, but this can trigger capital gains taxes. Couples going through high-asset divorces need to consider the tax implications of every move carefully, particularly when selling assets during economically challenging times.
The effect on income streams
Economic downturns can impact businesses and investment returns, affecting the income streams of both parties involved in a divorce. Those fluctuations in income may influence alimony or child support calculations and the strategies individuals have available to address these changes.
Retirement and investment accounts
Fluctuations in the economy can directly impact the value of retirement and investment accounts. The division of retirement assets, pensions and other investment accounts during divorce proceedings becomes more complicated when account balances keep changing.
Liquidity issues
Real estate is a significant component of many high-asset divorces. Various economic factors can affect property values, mortgage rates and the ability to buy or sell real estate holdings. That can make it much harder to liquidate holdings so that the equity can be divided or used to “even out” the finances in a divorce.The intersection of economic factors, stock market fluctuations and interest rate changes add an extra layer of complexity to all high-asset divorces. It pays to be adaptable and well-informed about all your legal options, as well as conscious of the risks of long negotiations. Informed legal guidance can also make it easier to understand the choices you have in your divorce.]]>On Behalf of Blacha Law Office, LLChttps://www.napervilledivorcelawyer.com/?p=515042024-01-03T10:40:00Z2024-01-03T10:40:00ZThe emotional bonds of your marriage may have already broken – but your financial bonds with your spouse still have to be addressed before you can finally move on. For many couples, that’s no more complicated than selling the house, splitting up the cars and dividing the savings.
When one spouse is a partner in a medical practice, however, the division of the marital assets can get very complicated. Valuing a medical practice in a divorce is crucial for ensuring a fair and equitable distribution of assets.
Why is valuation necessary?
A medical practice is a significant asset, and its value must be determined accurately to ensure a fair distribution of the marital property between divorcing spouses. Absent a prenuptial or postnuptial agreement that carves out any exceptions, the valuation of the medical practice can affect:
Spousal support: Also known as alimony, spousal support is often a key component of divorce settlements. The value of the medical practice plays a crucial role in determining the appropriate amount of support that one spouse may owe to the other. A precise valuation ensures that the financial responsibilities are fairly distributed.
Child support: Child support, too, can be affected by the business valuation. It can provide insights into how much income should be attributed to the parent with the practice, which can then dictate their obligation to financially support their children.
Future financial planning: Valuing a medical practice provides clarity on the financial standing of each party post-divorce. This information is essential for either the parties or the court when it comes to making informed decisions about future financial planning, such as retirements, investments and lifestyle adjustments.
Protecting the business: For the spouse who owns the medical practice, a proper valuation can help safeguard the business's integrity. It ensures that the value of the business is not overestimated, leading to unrealistic financial expectations by the other spouse.
Without a proper valuation, one spouse may end up with an inequitable share of the assets, leading to financial imbalances that can long affect their future financial stability.
How is a medical practice valued?
Hiring experienced professionals, such as forensic accountants or business valuation experts, is crucial to this process. These experts have the knowledge and expertise to assess the value of a medical practice accurately. It’s further recommended that you find someone who specializes in the valuation process for medical practices since they are not like other businesses. Some of the things that have to be considered are the accounts payable, any loans or other debts that the business has, the contractual agreements the practice has with any hospitals or health plans, the overall number of patients using the practice and the “goodwill” established by the practice over its existence. That’s much more complicated than simply looking at earnings, assets and comparable market prices.By engaging professionals and following a thorough valuation process, both spouses can gain a clearer understanding of their financial standing during and after the divorce. This transparency contributes to more amicable settlements, facilitating a smoother transition into the next chapter of their lives.]]>On Behalf of Blacha Law Office, LLChttps://www.napervilledivorcelawyer.com/?p=515002023-12-22T20:34:21Z2023-12-22T20:34:21ZDeep down, narcissists are very insecure. Unfortunately for everyone around them, narcissists tend to cover for their insecurities by projecting all their anger outward, holding grudges, being demanding and trying to obsessively control other people. They also have a total inability to take responsibility for their actions and a tendency to believe that everything centers (or should center) around themselves.If this sounds like the spouse you’re divorcing, how do you cope? Here are some tips:
1. Document everything
Because they lack empathy and don’t mind being manipulative, you need to document everything that might be needed to illustrate their behavior to a judge. This means keeping detailed records of all your communications, including emails, text messages and phone calls.
2. Establish boundaries
The more contact you have with a narcissist, the harder it can be to avoid falling prey to their antics. Set clear boundaries that minimize how much you have to directly interact with them by insisting that they only contact you in writing or through your legal representation.
3. Control your reactions
If you get visibly angry or upset in response to whatever outrageous claim or demand a narcissist makes, that’s the equivalent of handing them a “win” because they thrive on the feeling of power it gives them. Practice the “grey rock” method of responding as flatly as possible to their attempts to trigger you.
4. Protect your finances
Expect your spouse to adopt the idea that they “deserve” more of the marital assets than you. With that in mind, make certain that you secure your assets and stay vigilant about your credit.
5. Review your digital security
Assume that your spouse will stop at nothing to damage your personal and professional relationships out of a desire for revenge for whatever perceived wrongs you have done against them. Change your email account, update all your passwords on social media, block your spouse on all your accounts and enable two-factor identification whenever possible for log-ins.Finally, consider seeking legal guidance as early as possible, and make certain to discuss your concerns about your spouse’s potential behavior right away. That can allow you to take a strategic approach to your divorce and get through the process much more easily.]]>On Behalf of Blacha Law Office, LLChttps://www.napervilledivorcelawyer.com/?p=514952023-12-15T09:15:01Z2023-12-15T09:15:01ZAlternative dispute resolution (ADR) for divorce, in the form of mediation or collaboration, has become increasingly popular among couples who want to avoid the chaos and drama of a litigated divorce.
You may be all for it – but what happens if your spouse is not? If you’re having trouble “bringing your spouse to the table” so that you can negotiate your split, here are some talking points that may get them to reconsider their position:
1. It’s more cost-effective.
The average cost of a litigated divorce where the couple can’t agree on two or more issues has risen to $23,300, while the average cost of an uncontested divorce is just $4,100. Every dollar that’s spent on litigation is one less dollar that you and your spouse have to put toward your future goals. If your spouse is at all money-conscious, they may realize that mediation or collaboration is the economical choice.
2. It offers faster resolution.
A divorce can consume all of your spare energy and time, and be hugely distracting from your professional life and private goals. Since both parties are actively involved in the negotiation process and the court doesn’t have to step in, both mediation and collaboration can offer faster results. That will give you both your freedom to move on much sooner.
3. You retain more control.
Once a divorce moves to litigation, the court has all the control over the outcome – and neither side is likely to be wholly satisfied with the results. If you and your spouse want to have more say over how your future plays out, mediation or collaboration can help you find flexible, customized solutions that meet everybody’s concerns.
4. You have more privacy.
Court proceedings are largely open records. If your spouse wants to preserve their privacy and keep their personal and financial information quiet, it’s better to avoid litigation. If you’re able to reach a resolution through mediation or a collaborative approach, the judge needs only review the agreement to make sure that it is legally sound and approve it. This may be especially important if your spouse has a professional practice and a reputation they wish to preserve.
5. You can reduce the conflict.
The collaborative nature of ADR requires couples to set aside their grievances from the past and focus on what matters in the present. This can help encourage better communication and reduce the overall level of conflict in the divorce. If you and your spouse have children together, this can help you transition to a post-divorce relationship that’s built on mutual respect and cooperation. That can reduce the stress your children experience with your divorce and make it easier to co-parent effectively.Mediated and collaborative divorces aren’t right for every situation, such as when one spouse is trying to abuse the process to retain control over the other or there is a significant power imbalance – but they are something that most couples should consider. Sometimes it just takes a little bit of discussion about the benefits to get the other party on board. Legal guidance can help you learn more.]]>On Behalf of Blacha Law Office, LLChttps://www.napervilledivorcelawyer.com/?p=514912023-12-04T09:16:19Z2023-12-04T09:16:19ZMarital problems often develop slowly over time – but when a couple’s growing dissatisfaction with their relationship comes to a breaking point in a heterosexual marriage, it’s the wife who usually decides to file for divorce.
While individual experiences may vary, it is estimated that women initiate as many as 70% of all divorces in the United States. Why do women seem to take action to end their marriages more than men? Over the years, numerous studies have looked for patterns and conjectures have been made, and the answer is complicated. Here are some of the strongest possibilities:
Women and men process their emotions differently
This probably isn’t news to most people, but men and women don’t exhibit the same sort of emotional responses when they’re unhappy – and a bad marriage is literally bad for a woman’s health in ways that it isn’t for a man. That may be due to the way that many women internalize their stress, which can have a disastrous effect on their physical well-being. While both women and men in unhappy relationships struggle with depression, women are far more likely than men to suffer from high blood pressure, increased belly fat and metabolic syndrome (which can lead to diabetes and heart attacks). When a woman realizes what a toxic marriage is doing to her health, she may decide that getting out is literally important to her survival.
Social roles have changed but women are still doing the heavy lifting
Even though the traditional gender roles that once dominated marital dynamics have changed considerably in recent decades, many women still find that they’re still handling most of the physical and emotional burdens in the relationship. That’s largely because women tend to be socialized to consider the needs of others above their own, while men are largely socialized to prioritize their own wants and needs. A “good wife” is still seen as someone who keeps a household in order, while a “good husband” is still largely seen as a provider.As a result, many women still find themselves shouldering the largest part of child-rearing, daily chores and social organization – even though most women now have their own jobs and careers. Their husbands may prioritize work and leisure, rather than their contributions toward keeping a household running. For example, a husband may consider doing the dishes or watching a baby “helping his wife,” instead of seeing the jobs as shared responsibilities. The resulting imbalance can end up becoming intolerable to the wives, especially if they feel like they aren’t getting the emotional support they need, either.Education and awareness about relationship dynamics and the ties between mental and physical health have grown tremendously over time. Because women tend to put a premium on empathy and communication skills, they may simply be more likely to recognize the issues within their marriage. When attempts to address those issues fail, they may simply have more self-awareness about what they do and do not want for their futures. Their tendency to actively seek personal growth may ultimately be why they initiate the divorce process more often.If you’re at the end of your rope with your marriage, it pays to take a considered and thoughtful approach to your next steps. Legal guidance can help you make a plan that will put you on track to a better future.]]>On Behalf of Blacha Law Office, LLChttps://www.napervilledivorcelawyer.com/?p=514832023-11-16T08:41:50Z2023-11-16T08:41:50ZIn Illinois, the court typically follows established guidelines to determine child support obligations – but guidelines aren’t the same as hard-and-fast rules.
In cases where one parent has an exceptionally high income, deviations from the state’s child support guidelines may occur. Whether you’re on the paying end or the receiving end of child support, it’s important to understand what may happen, and why.
It’s all about the best needs of the child
Illinois follows an income shares model to calculate child support, taking into account the income of both parents, the number of children involved, the amount of overnight custodial time each parent has with the children and various other factors. This model is designed to reflect the idea that a child should receive the same benefits from their parental income as they would have received if the parents had remained together. Normally, the guidelines are enough to work with most income levels.However, additional court rulings have made it clear that “the guidelines establish a beginning point for analysis.” Whatever child support amount the guidelines establish, it’s a rebuttable presumption. Either party can then argue that the court should award a different amount in order to avoid an unjust or inappropriate result. How does this factor into situations where one parent has an exceptionally high income? Essentially, when a child is accustomed to a very high standard of living during their parents’ marriage, the standard formula used to calculate child support may simply fall short.In that situation, the court may choose to award additional support to maintain the continuity in the child's lifestyle post-divorce. The court may factor in things like:
A child’s unique educational needs: In high-income families, it’s not unusual for children to enjoy additional educational support services, such as private schools, tutors and educational counseling designed to help them choose the right extracurriculars to enhance their college applications.
A child’s accustomed hobbies: Some of the hobbies that the children of affluent families enjoy can be very expensive. The court may decide that there should be additional support provided so that they can continue with something they’ve already invested a lot of time and effort into, especially if they want to continue.
A child’s exceptional care needs: Some children have special needs that require additional care. This could involve a regular childcare provider, like a nanny, speech and occupational therapies and more.
It’s also critical to remember that while child support is primarily for the child, the fact that the support also benefits the receiving parent (by allowing them a more luxurious lifestyle) is not a factor the court needs to think about. Navigating child support in cases of exceptionally high income requires a nuanced understanding of the factors that may lead the court to deviate from the standard guidelines – far more than what can be addressed here. Parents need experienced legal guidance to help navigate this issue. By understanding the factors that may warrant deviations, parents can better prepare for the legal process ahead and work towards fair and just outcomes for their children.]]>