Posted on November 02, 2016 in Divorce

When a couple is considering a divorce, the parties are often looking for ways to save money and to make the process easier. One of the most common questions that many couples have is whether they may be able to share an attorney for their divorce. While this may seem to be an ideal way to reduce expenses, there are rules in place that prevent one lawyer or law firm from representing both spouses in a divorce proceeding.

Professional Conduct

At its very core, marriage is a contract between two parties, which makes divorce a proceeding to dissolve that contract. This means that, technically, the spouses in a divorce are considered opposing parties. The fact that the spouses are able to work civilly together and have reached an agreement on most of the important issues does not change their status as opposing parties from a legal standpoint.

Rule 1.7 of the Illinois Rules of Professional Conduct states that an attorney “shall not represent a client if the representation involves a concurrent conflict of interest.” Such a conflict is presumed to exist if “the representation of one client will be directly adverse to another client.” In the eyes of the law, this is exactly the situation in a divorce case. Despite your commitment to working together, your interests are technically in conflict with those of your spouse.

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 Posted on October 31, 2016 in Spousal Maintenance

As you approach the process of divorce, you, undoubtedly, will have many questions. You are likely to wonder how arrangements for your children will be made and who will get what property when everything is divided between you and your spouse. It is also common for spouses—especially those who make more than their partners—to have concerns about spousal maintenance and how much they may be required to pay following the divorce.

Maybe, Maybe Not

The first thing you should know about maintenance—or alimony, as it is sometimes called—is that it is not guaranteed in divorce. Each case is handled by the court on an individual basis. Of course, the court may look to previous rulings for established precedents, but in awarding maintenance, the court must determine that an actual need exists. To determine the need, the court will look at numerous factors, including the length of the marriage, each spouse’s age, health, income, and employability, and the contributions of each spouse to the marriage and to each other’s earning capacity.

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 Posted on October 26, 2016 in Family Law

It is one thing to know that you are the father of a child. It is a different story when you are trying to convince the legal system that you are the father. Although marriage is not right for everyone—and in some situations, should be discouraged—however establishing paternity is significantly easier if the parents are married before the birth of the child. Establishing paternity is not impossible if the child was born out of wedlock, but the process can be much longer and more complicated.

Why Does Marriage Matter?

Does marriage matter? It depends on your circumstances and if you WANT to be married. There are significant benefits that may be available to some married couples, but for others—like those receiving set pensions—it may stop current benefits. Therefore, it is up to each couple to decide if marriage is the right option. It is more socially acceptable than ever before to have children outside of wedlock. Nearly 50% of children born today to women under the age of 30 are born to unmarried mothers. This percentage is regardless of financial or social status and incorporates children of celebrities and political figures as well as ordinary individuals. With regards to establishing paternity, if the mother and spouse are married at the time of conception, or are married on the date of birth, the spouse is presumed to be the other legal parent. If you are part of the unmarried population with a new child, you can establish parentage through provisions in the Illinois Parentage Act.

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 Posted on October 24, 2016 in Divorce

Are you considering a divorce? Has your spouse made you so angry that you cannot wait to take him or her to court and prove that you have been wronged? Such emotions are understandable when you are in the midst of a volatile break-up with your spouse. It is very important to keep in mind, however, that the divorce process can provide only so much consolation. There really are no winners in a divorce proceeding, but when the situation spirals out of control, it can be easy to feel that everyone has lost.

Maintaining Perspective

In many cases, divorce may bring out a person’s competitive nature. A spouse may want to “win,” even if he or she has no real concept of what “winning” would look like. Is it winning if you get slightly more than half of the marital property? Will you be unhappy with anything less than sole custody (now called parental responsibilities) of your children? And, what if you do “win?” Then what happens? Chances are, feeling like you got the better end of your divorce settlement is not likely to last very long. You must still move forward with your life no matter what the outcome of your divorce may have been.

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 Posted on October 19, 2016 in Divorce

If you are recently divorced, you may be struggling to adapt to your new life. The challenges are even greater if you and your former spouse have children together. As an adult, you are likely able to recognize many of the emotions you are dealing with and to manage them to a certain extent. While it may not be easy, you are still able to go about your normal daily activities with minimal interference. For a child, however, the situation can be more difficult as his or her entire world may now be different. Unfortunately, many children—especially younger children—lack the skills and ability to effectively manage their emotions. In some cases, this can lead to behavioral issues at home and at school. Therefore, it is extremely important for divorced parents to maintain open lines of communication with their children’s teachers, helping to identify and address problems as they arise.

Possible Problems

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 Posted on October 17, 2016 in Child Custody and Support

If you are a parent, any circumstance that prevents you from spending time with your child can be heartbreaking. The situation may feel even worse when you prevented from seeing your child based on allegations made by your child’s other parent. How you respond to those allegations, however, can go a long way in securing your rights to reasonable parenting time, and an experienced family lawyer can help.

Be Objective

When a child’s parents are no longer—or never were—married, Illinois law permits a court to restrict or limit a party’s parenting time in certain situations. Before doing so, the court must identify that, without a limitation or restriction, the child would be in serious physical, mental, emotional, or moral danger. Such concerns are typically brought to the court’s attention by one parent looking to restrict the other parent’s time with the child.

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 Posted on October 12, 2016 in Adoption

There are many different circumstances that can lead to a stepparent seeking to adopt their spouse’s child or children. The other birth parent may have passed away or is unable to care for the child. The stepparent and spouse might believe that they can provide a better home and living environment for the child than the other birth parent. Regardless of the circumstances, choosing to adopt a stepchild can be a long and complicated process. 

Consent of the Other Birth Parent

If the other birth parent currently has a legal right to their child, consent of that parent is usually required. This can be challenging in many situations. For a stepparent to adopt the child, the birth parent must give up their legal rights as parent first. This can be a very emotional decision to make. However, gaining consent from the other birth parent is possible in cases where the parent understands that they cannot care for the child and wants the child’s best interests protected. If the other birth parent gives up his or her rights to the child, they will no longer be required to pay child support. 

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 Posted on October 10, 2016 in Domestic Violence

October is National Domestic Violence Awareness Month. According to the National Coalition Against Domestic Violence, domestic violence is defined as “the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another.” Domestic violence not only includes physical abuse like hitting, punching, kicking, and slapping but also psychological abuse. Psychological abuse or emotional abuse can include behaviors such threatening, controlling, isolating, mocking, stalking, and intimidating a partner.

Domestic Violence Can Happen to Anyone

Domestic violence affects people of all genders, sexual orientations, ethnicities and socioeconomic statuses. Often, when one imagines a victim of domestic violence, a woman comes to mind.  However, men are almost as likely to be victims of violence at the hand of a partner as women are.  On average, one out of every three women and one out of every four men are victims of domestic violence at some point in their lives.

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 Posted on October 05, 2016 in Spousal Maintenance

When you are faced with the possibility of a divorce, dozens of questions start to race through your head. You are likely to be wondering how you will tell your children, where you will live, and how you will make life after divorce work for you. For many people, issues of money are often the most pressing. How can a spouse who has relied on his or her partner financially for many years be expected to suddenly support him- or herself when the marriage ends? In Illinois, such a spouse may not have to do so, but nothing regarding alimony is guaranteed in advance.

Need-Based Considerations

Alimony is now known under Illinois law as maintenance. It is often referred to as spousal support as well. Whatever you may choose to call it, such awards are intended to alleviate the financial effects of a divorce on a spouse who may be an economic disadvantage. There is more to a maintenance case, however, than just money. Otherwise, any time that one spouse makes more than the other, the lower-earning spouse could expect to receive support following a divorce. Instead, the court will look at a number of factors that take into account the entire marital and divorce situation.

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 Posted on September 30, 2016 in Child Custody and Support

When you and your child’s other parent are forced to come up with arrangements regarding for parenting time—previously known as visitation under Illinois law—it can be regrettably easy to get caught up in your own wants and needs. Some, of course, are entirely reasonable, such as building parenting time schedules around your career obligations, but many parents often forget to take their child’s wishes into account.

What the Law Says

While parents are free to develop a parenting plan—including arrangements for parenting time—on their own, such a plan must be reasonable and serve the best interests of the child. If the parents cannot agree on a plan, arrangements may be made by the court. In doing so, the court is required by law to take a number of factors into account, including the wishes of the child in question. The child’s wishes are not necessarily binding but should factor into the court’s ultimate decision.

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