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kendall county divorce lawyerYou finally finished getting your divorce, and you are ready to move on with your life. The terms of your divorce decree were fair and reasonable. Both you and your spouse are legally bound by these terms. That should be the end of it. However, after a few weeks or months you are starting to realize that your ex-spouse has no intention of obeying the terms of your divorce decree. They do not drop off your children when they are supposed to. They have not turned over property that you won in the divorce. You are not getting the spousal support you are entitled to. In this case, you may need to go back to court to ask the judge to enforce the terms of the divorce decree. It is in your best interest to enlist the help of an experienced divorce and family law attorney. Enforcing a divorce decree against an uncooperative ex-spouse can be an uphill battle - but it can be done. 

How Can a Court Enforce a Divorce Decree?

Depending on the situation, it may be worth it to try working it out without judicial involvement. Your attorney may suggest that you start by talking to your ex-spouse, or your attorney may want to try sending a letter before going back to court. However, if this type of solution is not going to work, your lawyer may need to file a petition to enforce the divorce decree. The court may use the following means to enforce the original order: 

  • Ordering backpay - If the issue is that your ex-spouse has not been making child support or spousal support payments, the court could order them to promptly pay you the sum that they owe. Many courts will also order that you be paid back with interest to make up for the time you had to go without the money you were entitled to. 


oswego family law attorney Child custody proceedings can be incredibly stressful, even when both parents are fit and amicable with one another. When the case gets a bit more contentious, or certain other circumstances are present, the court may appoint a special attorney or social worker called a Guardian ad Litem. It can feel alarming to learn that a Guardian ad Litem has been appointed for your children during your custody case, but there is generally nothing for you to worry about. When the judge appoints a Guardian ad Litem, it is not because they do not think that you are a good parent. Rather, the role of a Guardian ad Litem is simply to help the court understand what course of action might be best for your children. An attorney can help you better understand what the Guardian ad Litem’s role will be in your particular case.

When do Courts Consider Bringing in a Guardian ad Litem?

Guardian ad Litems are not automatically appointed in every child custody proceeding. It is more likely that the court will bring one in if: 

  • Suspected abuse - If there is any allegation or suspicion that either you or your child’s other parent has abused or neglected the children or would otherwise be harmful to them, it is very likely that a Guardian ad Litem will be asked to investigate. If you are getting a divorce or separating from an abusive co-parent, a Guardian ad Litem can actually help you quite a bit. 


oswego estate planning lawyerEstate contests can be messy. When a will or trust is questioned and challenged, it affects every beneficiary. These conflicts have been known to precipitate rifts between family members that may never heal. You probably want estate administration to be easy for your beneficiaries so that they can accept their gifts and remember you fondly. When someone calls the validity of your estate plan into question, the dispute can take years to resolve in some cases. This type of litigation can also become extremely costly for all involved. Fortunately, there are ways to substantially reduce the odds of an estate contest. If you suspect that there may be any conflict, you should alert your estate planning lawyer so they can take additional steps to prevent a challenge. 

Ways to Prevent Potential Future Challenges to Your Estate Plan 

Even if you think that your intended beneficiaries will get along and administer your estate in good faith, you cannot predict what could happen after you have become incapacitated or passed away. Some tips for creating a strong estate plan include: 

  • Explain yourself - If there is a family member who you wish to disinherit, simply omitting their name from your estate plan may not be good enough. It could open the door for them to allege that there was an accidental omission or that you must not have had the capacity to make an estate plan given that you forgot someone. Your lawyer may advise you to explicitly state in your estate planning documents that you are disinheriting that person and why. 


kendall county divorce lawyerIf you and your spouse have children together and you are considering a divorce, there is a good chance you are concerned about how the two of you will raise your children in the wake of your split. Presuming you wish to share parental responsibilities with your spouse—which is the recommendation of the courts in most divorce cases involving children—you and your spouse will need to work together as co-parents.

Successful co-parenting can be more challenging than it initially seems, but it can be done. It will be up to your and your spouse to come up with customized co-parenting arrangements that match your specific circumstances, but here are a few things to consider as you start the process.

Your Parenting Agreement Should Be Specific

Hopefully, your spouse is willing to cooperate with you because it is better for your children if the two of you are making parenting decisions together rather than having the court decide on things for you. As you sit down to figure out what will work best for your co-parenting situation, be sure to make joint decisions that address:


Oswego Divorce LawyerWhen a married couple experiences relationship problems, they may encounter multiple different types of issues as they determine whether to attempt to repair their marriage or proceed with a divorce. As spouses begin the process of separating their lives from each other, they will need to make decisions about how to handle ownership of the property they own. During the property division process, a variety of different assets and debts will need to be considered, including the couple’s marital home. 

Addressing Ownership of the Marital Home During Divorce

Since the home that a married couple owns is likely to be one of their most valuable assets, it will be important to determine how ownership of the home will be handled going forward and how all types of property can be divided fairly between the spouses. If a couple purchased their home during their marriage, it will be considered marital property, even if it is only titled in the name of one spouse. If one spouse owned a home before the couple was married, it will typically be considered their separate property that will not need to be divided during the divorce process, although the homeowner spouse may be required to reimburse the other spouse for any contributions they made that increased the value of this asset.

For a home that is considered marital property, spouses will generally need to choose one of the following options:

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