Ekker Law, P.C. / Steven B. Ekker, Esq.

221 S. Main Street, Suite 200
Sugar Grove, IL 60554

Ekker Law, P.C. / Steven B. Ekker, Esq.

Call UsCALL FOR A FREE CONSULTATION

630-234-4682

Subscribe to this list via RSS Blog posts tagged in Kane County divorce lawyer

Kane County IL divorce attorneyGetting a divorce can be a major emotional undertaking. While that does not come as a surprise to most people, many people do not realize that divorce also has a large financial impact. Most married couples have finances that are intertwined to some degree. Even though this makes things easier and usually makes sense during a marriage, it can make things more difficult and stressful during a divorce. The key to success in your finances and your divorce, in general, is thorough preparation. If you are thinking about divorce or you are in the beginning stages of the process, here are a few things you can do to help prepare your finances and set yourself up for success after your divorce is finalized.

Open Up a Bank Account in Your Name Only

One of the first things you should do when you know that the divorce is definitely happening is to begin to separate your finances. The easiest way to start doing this is to open up a new bank account with only your name on it. You can begin to deposit your own income, like your paycheck from work, for example, into your bank account, rather than into a joint account held with your spouse. You will also likely be entitled to a significant portion of the funds in any joint bank accounts, and these can be transferred into your new account once your divorce resolution is finalized.

Pull Your Credit Report

You should also be cognizant of what your current financial situation looks like. You can do this by pulling a copy of your credit report online. By law, you are entitled to one free credit report each year from each of the three major credit bureaus. Your credit report will list any and all debts that you may owe both solely and jointly. These could include auto loans, mortgages, credit cards, and other loan accounts. Your credit report can help you understand what you will owe each month and can help you figure out what you need to separate.

...

kane county child custody lawyerThe marijuana landscape in the United States has been rapidly changing for the past couple of years. In 2020, the state of Illinois legalized marijuana for adult recreational use, making it legal for adults to purchase, use, and possess cannabis under certain circumstances. However, even though it is legal in Illinois, cannabis remains federally illegal. It is still classified as a Schedule I substance, which is thought to be the most dangerous class of drugs. Many parents going through a divorce typically have concerns about their children and how their parenting time and decision-making responsibilities will be allocated. Parents who are legal marijuana users often worry if their drug use will affect their ability to gain custody over their child. However, the answer to that question can be complicated. 

What Does the Law Say?

According to the Illinois Cannabis Regulation and Tax Act, there are certain situations in which cannabis use cannot be used to discriminate against certain individuals -- including parents. The Act states that a parent, legal guardian, grandparent, or another person who is responsible for caring for a child is protected from discrimination for their marijuana use when it comes to determining things like child custody, parenting time and decision-making responsibilities. This means that you cannot be denied your parental rights by the court for the sole fact that you are a cannabis user.

How Do Judges Decide?

However, that does not bar the court from making decisions pertaining to child custody if your cannabis use endangers the welfare of your child. Typically a court will conduct a hearing if your child’s other parent expresses concern about their child’s wellbeing because of your marijuana use. If this is the case, the court will examine the facts surrounding the situation similarly to how they examine alcohol use. If the court finds that your usage interferes with your child’s wellbeing, they may place restrictions on parenting time or decision-making responsibilities. Examples of marijuana usage that may affect custody include:

...

Sugar grove divorce lawyerIf you are looking to get a divorce, you have likely encountered a long list of things that must be done before the divorce can be completed. One of the many steps that must be taken during a divorce is dividing marital property. This is one of the areas of divorce that is notorious for producing arguments and disagreements, even if you and your spouse are otherwise on the same page. The decisions made during this process are decisions about nearly every single piece of property that you own. If you make decisions that are not in your best interest, it can affect you for the rest of your life.

Marital Versus Nonmarital Property

The first step in the asset division process is determining what is and is not subject to division. Illinois law states that all marital property is subject to division, except for a few circumstances. Marital property is considered to be any asset or debt that you or your spouse acquired during the marriage. Certain assets that were acquired during the marriage, however, are exempt from division. These items include property acquired from a gift or through inheritance, property acquired in exchange for such property, property excluded from division as per a valid prenuptial agreement, and any property acquired after a judgment of legal separation.

Understanding Equitable Division

Once you have determined the property that is actually subject to division, you will then have to determine who gets which assets and debts. The court encourages couples to come to their own property division agreement, but unfortunately, that is not always feasible. 

...

Kane County family law attorney parenting time

If the health, safety, or well-being of a child is in question, the court may opt to either suspend or restrict the parenting time of a parent. Alternatively, the court may order supervised visitations. In either case, it is the concerned parent who carries the burden of proof. Sadly, far too many parents are not prepared and their children continue to face danger for longer than necessary. Learn more about how to protect your child with help from the following information and an experienced attorney.

Burden of Proof

Parenting time in Illinois is protected, not for the sake of the parent, but for the sake of the child. In short, it indicates that a child has the right to emotional and financial support from each parent. So, under the eyes of the law, the restriction, suspension, or order of supervised parenting time is a limitation of the child’s rights. It is from this angle that parents can understand why a preponderance of evidence is needed to limit or restrict parenting time.

...

Kane County family law attorney parenting time

One of the most difficult things for children—and parents—to handle during divorce are the transition periods between time with each parent, especially for young children. Your children are used to having both Mom and Dad in the same home together, sleeping in the same room every night, surrounded by the same toys and belongings. Suddenly, instead of the consistency of a daily routine, their little world is turned upside down and they spend their time being shuffled between two homes, two routines, and two different sets of rules. However, there are steps that parents can take to make that transition easier for everyone.

Prepare Kids for the Transition Between Two Homes

It is vital for children’s adjustment to feel secure and to know exactly what to expect now that they are going to be leaving their house to go spend time at what will also be their home, with the other parent. Discuss the things they may want to bring with them and assure them that you will help them pack those belongings. Explain what days they will be going from one home to another. A suggestion that provides a good visual for young children to follow is to make a color-coded calendar for each home so the kids can see when the transitions will take place and what days they will be at each home.

...

Posted on in Divorce

Kane County divorce attorney asset division

Most couples who end up getting divorced usually see it coming months, if not years, before the papers are actually filed. It is not an uncommon scenario for a husband and wife to stay together long after they both realize their marriage is over. For anyone who is in this situation, there are steps that should be taken before the divorce process begins in order to ensure there is an equitable division of assets and no surprises for either party during divorce negotiations.

Financial Documents

If you are contemplating divorce or suspect that your spouse is, the first step you should take is to gather copies of all of your financial records, including:

...
kcba shugar grove
Back to Top