Posted on September 28, 2017 in Child Custody and Support

The Real Housewives of Orange County star Kelly Dodd recently announced that she plans to file for divorce from her husband. Kelly Dodd and Michael Dodd have been married eleven years but according to Kelly, the marriage was not always perfect. She explained to US Weekly that the marriage had its ups and downs. The star also said that while she and her husband were good friends that they are just too different to continue being married. The Dodds have an 11-year-old daughter together that they plan to co-parent.

Personality Differences Can Spell Trouble for Couples

Fame and celebrity status aside, the Dodd family is not unlike many families in the United States. Many couples get married and have children together only to later discover that cannot peacefully coexist with one another. Contradictory personalities, arguments, different priorities and goals in life, and other sources of conflict can drive a wedge between the spouse in a marriage. After trying and failing to solve the marital problems and despite their best intentions, many couples ultimately reach the decision to divorce.

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 Posted on September 25, 2017 in Family Law

Arranged marriage is an unfamiliar concept to most residents of the United States. However, it does happen in this country, and it is important to understand that certain cultural factors may play a role in arranged marriages. This is especially true when it comes to attitudes about divorce. It takes a uniquely sensitive and experienced professional to be able to handle both the legal and the cultural hurdles of this unusual situation.

Arranged Marriage Facts and Statistics

The proponents of arranged marriage point to a low divorce rate—about 6 percent worldwide, according to UNICEF data—as one of the advantages of the institution. Compare this to the most recent data available on divorce in the United States which is generally reported as between 35 and 45 percent. However, these figures may not be completely reliable, primarily because arranged marriage most often occurs in cultures that have an inherent taboo against divorce, if they recognize it at all.

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 Posted on September 21, 2017 in Divorce

Sometimes, when a couple decides to divorce, it can be difficult for one spouse to hold down the proverbial fort, especially if they are not used to working or are making far less money than their soon-to-be ex-spouse. Illinois has enacted several laws that help ensure that both spouses are appropriately represented in the divorce process, and that no one has to forsake necessities while a long-term plan is being negotiated.

“Level Playing Field” Laws

Illinois is one of the many states that has decided to make parity between divorcing spouses a matter of public policy—that is, something that the state will work hard to help maintain. There are many reasons for this trend, but one of the most important is the welfare of any marital children. If, for example, a wife cannot afford to hire a competent divorce attorney, her secretly abusive husband could win primary parental responsibilities for the children in their divorce. This is not the optimal outcome for most people.

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 Posted on September 19, 2017 in Divorce

In this technologically advanced age, social media is part of most people’s lives. Information both personal and private is shared over the internet, and with that freedom comes the potential dangers. While social media can play a role in people choosing to divorce—the most recent relevant data shows that 81 percent of attorneys surveyed by the American Academy of Matrimonial Lawyers (AAML) reported an increase in divorce cases using evidence obtained from social networks—it can also play a role in the outcome of a divorce already pending. Both can have a direct affect on you.

Child Custody Issues

By far, information found on social media is most commonly used as evidence in child custody cases—now called the allocation of parental responsibilities in Illinois. Nowadays, Facebook, Twitter and Instagram posts are much more commonly being introduced to support allegations of unethical or inappropriate behavior going on right under the judge’s nose, and while such posts might seem harmless, they can absolutely be used against you.

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 Posted on September 14, 2017 in Mediation

Very few people enjoy going to court (except, of course, for some attorneys). When divorce becomes a reality, some people make the choice to go through divorce mediation instead of litigating the matter in court. However, despite its increasing popularity, there are still many pervasive myths floating around about the mediation process. It is important to set the record straight, so that you can make an informed choice about which process may be right for you.

Myth: The mediator is there to mediate your disputes about your marriage.

Technically, this is false. A divorce mediator is a professional, often an attorney but not always, who has training in dispute resolution and will use it to help you work out a settlement. They are, in a nutshell, not “that” kind of mediator. They are not therapists or couples’ counselors. Mediators are there to facilitate the conversation so that parties can make constructive progress on divorce-related issues, including asset disposition, child custody and spousal support or alimony.

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 Posted on September 13, 2017 in Adoption

In an overwhelming majority of cases, an adoption is a celebrated and joyous event that leads to the growth of a family. Sometimes, however, that joy does not last. If the unthinkable happens and the adoption does not work out, there are ways to ensure that everyone’s rights are protected.

Vacating/Reversing

It is possible in Illinois to vacate or reverse an adoption, but there is a strict protocol for doing so, and definitive proof of why a reversal is required. Usually, it is the birth parents who attempt to have an adoption vacated, and they usually attempt to do so by claiming that something inappropriate or unconscionable occurred. Some common reasons cited for trying to reverse an adoption include:

• Fraud: Consent to the adoption may have been obtained through duress or depection;
• Lack of jurisdiction: A court only has jurisdiction over an adoption proceedings if significant ties exist to that county (usually as either the residence of the parents or the place of the child’s birth, but other substantial ties may exist); and

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 Posted on September 05, 2017 in Adoption

Sometimes, adoptions are able to remain in the family. If a parent wants to surrender his or her parental rights, it is becoming more and more common for family members to adopt nieces, nephews or other children of relatives, instead of going through the entire foster process. The process is much the same as it would be in adopting an unrelated child, but there are feelings and relationships that must be considered where such things might not exist in an adoption involving strangers.

The Issue of Parental Rights

What many prospective parents forget is that both parents must consent to abrogation of their parental rights, not just one. Even if the biological mother or father is not involved in their children’s lives, they must voluntarily surrender their parental rights in order for the adoption to go forward, or they must be shown to be unreachable. Illinois law states that a parent abrogates parental rights if they cannot be located after appropriate due diligence, including publication in newspapers and other methods.

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 Posted on August 30, 2017 in Business Valuation

Divorce is complex; however, dividing property is often most complex aspect of a process that can take a long time. Nowhere is this better illustrated than in the procedure for valuing and dividing a family-owned business. Between personal preferences and the market rates, dividing the value of a business will often create the biggest issues during the process.

Valuation Basics

As one might imagine, Illinois courts only have the ability to divide marital property during divorce proceedings. A family business qualifies as marital property if it is run by both spouses or if one spouse owns a controlling interest. The rationale is that the spouse working there will bring home paychecks earned by improving the business’s value. If the business is deemed marital property, it will be valued so that it and the couple’s other assets can be divided equitably.

Valuations are most often conducted by independent experts so as to avoid any accusations of favoritism or impropriety on the part of one spouse. Such experts will take into account a host of different variables, including:

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 Posted on August 24, 2017 in Child Custody and Support

During some divorce or parental responsibility proceedings, one or both spouses will resort to unethical tactics in order to get ahead. Accusing the other spouse of child abuse is a tactic that has become unfortunately more common in recent years, but it still does not happen as often as one might think. Still, if it happens to you, it is important to know how to defend yourself from false allegations of abuse.

“Reasonable Belief”

As one might imagine, child abuse allegations are taken extremely seriously. The number of children actually removed from their homes, however, has decreased in recent years. When abuse allegations are made, the Illinois Department of Children & Family Services (DCFS) is called in to do an investigation. This is not a criminal investigation, but it can easily become one. The important thing is to cooperate with the investigation—any resistance can be taken as a possible indication of guilt.

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 Posted on August 17, 2017 in Property Division

When a couple decides to divorce, the standard procedure is to compile a list of all marital assets and distribute them equitably between the spouses. However, sometimes things do not go according to plan. A spouse may hide assets, sell them, or even engage in dissipation. You must be aware of what constitutes improper conduct so that your divorce proceeds as smoothly as possible.

Hiding Assets

In most states, Illinois included, a temporary restraining order may be placed on both parties at the beginning of a divorce proceeding. This order prevents disposing of any marital assets in any way and is generally recommended if either spouse suspects the other will engage in unethical behavior. The rationale is that marital property is the property of both people in the marriage, and one spouse disposing of assets breaches the covenant both people entered into when they got married. Most of the time, these orders only apply to marital property; items not classified as such (in other words, as personal property) may generally be sold freely.

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