Posted on April 27, 2016 in Child Custody and Support

Too often, parents who are going through a divorce focus their energies on fighting with one another rather than on finding workable solutions for raising their children. Under Illinois law, divorcing parents are expected to develop a cooperative plan that addresses the allocation of parental responsibilities—once called child custody. Such an agreement, however, is not always possible, and the matter is left to the court to decide. During the proceedings, each parent will the opportunity make his or her case, which will be taken into account by the judge. But what about the child? Does the child get a say in how parental responsibilities are allocated?

The Wishes of the Child

The Illinois Marriage and Dissolution of Marriage Act clearly provides that, yes, the wishes of the child are to be considered by the court in a proceeding related to decision-making responsibilities or parenting time. The law, however, does include an important caveat. The court must also take “into account the child’s maturity and ability to express reasoned and independent preferences.”

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 Posted on April 25, 2016 in Adoption

There are countless reasons that parents may consider putting their child up for adoption. In most cases, they believe that doing so will give their child a much better opportunity at a happy, healthy life. A large percentage of adoptions in Illinois involve single mothers who feel that they are not able to provide properly for their child. The choice of a single mother to make her child available for adoption is, undoubtedly, a difficult one, but what about that child’s father? Does he have any say in the process?

Your Rights as a Legal Father

If you are the legally-recognized father of a child that is being placed for adoption, the proceedings may not continue without your consent. In most cases, you must be willing to voluntarily terminate your parental rights. It is possible for your parental rights to terminated against your will, but only if you are found to by the court to be an unfit parent. Grounds for such a finding include abandonment of the child, failure to maintain interest, concern or responsibility, neglect, repeated physical or emotional abuse, substance abuse, and other negative behaviors.

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 Posted on April 20, 2016 in Property Division

During the divorce process, as you probably know, you and your spouse will need to divide your marital property between the two of you. If you are not able to reach an agreement regarding who will get what assets, the decision will be left to the court. In such proceedings, the court will first identify what property is to be divided, establish the value of the property, then allocate it equitably—not necessarily equally—in accordance with considerations contained in Illinois law.

In many cases, identifying the marital estate can be rather challenging, despite seemingly straightforward statutes that govern the disposition of property. The Illinois Marriage and Dissolution of Marriage Act provides that marital property is any asset acquired by either spouse during the course of a marriage, except property that was received by one spouse as a gift, inheritance, or in exchange for other, non-marital property. Pretty simple, right? If you earned or received it during the marriage, the asset is probably part of the marital estate and subject to division.

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 Posted on April 18, 2016 in Mediation

For many working individuals, it can be nearly impossible to find time during the business day to do anything related to their personal lives. You are probably familiar with the struggle, as you, for example may have to cram a trip to the bank, the post-office, and your accountant’s office all into your lunch hour. Add in a doctor’s or dentist appointment and forget it; you will probably need to take a day off work. If you are considering a divorce, your scheduling challenges are just beginning, no matter how busy you already may be. Many law firms and, of course, the courts are only available during “normal business hours,” typically between 8 am and 5 pm, Monday through Friday. With such limitations, how can you be expected to make any progress in your divorce while maintaining a full-time job? Fortunately, divorce mediation may provide a solution.

Increased Flexibility

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 Posted on April 13, 2016 in Divorce

For many generations, a couple who sought to end their marriage in the state of Illinois could only do so based on the behavior of one spouse. In order to obtain a judgment of divorce, a petitioning spouse had to show that the other spouse was at fault for the breakdown of the marriage. Over time, however, the laws of the state were amended to reflect evolving societal values, eventually adding no-fault divorce as an option for those in unhappy and unhealthy marriages.

Fault Grounds and the Introduction of No-Fault Divorce

For much of America’s history, spouses who were unhappy in a bad marriage were essentially stuck. Of course, it was possible to get a divorce if the other partner cheated, was mentally or emotionally abusive, abandoned the family, or chronically abused drugs or alcohol, along with several other serious at-fault grounds. This meant, however, that without such behaviors, there was virtually nothing a person could do to end the marriage. Even the process of divorce was much more complicated, as the alleged fault had to be proven.

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 Posted on April 11, 2016 in Child Custody and Support

Run a quick search on any parenting or legal advice forum and you will see a fairly common concern. Many single parents—mothers, most often—have built a life for themselves and their children based on sole custody situations. The arrangement may have been the result of a court order or as a default scenario due to the other parent’s disappearance from the child’s life. However it may have happened, the child’s reality is a life with just one parent who saves, sacrifices, and manages to make it work.  

So what happens when the absent parent suddenly decides he wants to participate in the child’s upbringing? If he pushes the issue, will the court upset the stability the custodial parent provides? Under the law, the court does have such authority, but, in doing so, must always consider the child’s best interests.

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 Posted on April 06, 2016 in Mediation

When you and your spouse recognize that divorce is inevitable, you will probably start looking for ways to simplify the process and alleviate the associated stress. Many couples are able to negotiate a fair and reasonable settlement agreement through mediation, as well as through other types of alternative dispute resolution. Mediation, when appropriate, can allow a couple to resolve their differences while, for the most part, avoiding the contentiousness of courtroom litigation. The value of mediation cannot be overstated, but it is important to realize that, sometimes, this approach may not be the best for your particular situation.

Uncooperative Parties

Divorce mediation requires both parties to meet with a third-party facilitator for constructive negotiation sessions. The process requires each spouse to remain fully invested in working toward an agreeable outcome. In many divorce cases, though, the relationship between the spouses has deteriorated to the point where cooperation is simply not possible. Anger, resentment, and other emotions may prevent productive communication, which is a basic element any mediated proceeding.

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 Posted on April 04, 2016 in Modification & Removal

When a couple gets divorced, it is not uncommon for the pair to remain financially connected in some way for a period of time—sometimes a significant period—following the end of the marriage. For some, the connection may be in the form of agreed-upon or ordered spousal maintenance. For divorced parents, an order requiring the parent with less parenting time to make child support payments is highly probable. In certain cases, both spousal maintenance and child support orders may be needed. Over time, these financial obligations may need to be revisited as a situations and family needs continue to change. Of course, economic resources are a major factor in proceedings to modify an existing order. There is, however, another important consideration; a party is expected, at all times, to make good faith efforts toward meeting his or financial obligations.

Substantial Change in Circumstances

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 Posted on March 30, 2016 in Prenuptial and Postnuptial Agreements

Every year, thousands of couples throughout Illinois formally legalize their relationship through the institution of marriage. As the average age of first marriage continues to rise, along with the increasing rate of remarriage, prenuptial agreements are also becoming more common than ever. In many ways, this makes sense, as today’s single men and women have had more time to earn money and accumulate assets than in generations where younger marriage was prevalent. Remarriage, of course, presents its own challenges, including children from a previous relationship and increased focus on retirement and estate planning, and prenuptial agreements are advisable for these types of situations as well.

Agreements Regarding Maintenance

Spousal maintenance, or alimony, as it is sometimes called, is one of the most common issues addressed in a prenuptial agreement. A couple may agree, before ever getting married, that maintenance either should or should not be paid in the event of a divorce. They may also address criteria under which maintenance would be required—such as a so-called lifestyle clause or an infidelity penalty clause. Should the couple get divorced, the court presiding over the proceedings is required to take into account any valid agreement between the parties, including prenuptial agreements that address spousal maintenance.

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 Posted on March 28, 2016 in Domestic Violence

Accusations of domestic violence are all too common in family law cases. While there is no doubting the serious problem of domestic violence among families in Illinois, sometimes the accusations are not true. If you have been accused of domestic violence, you need to understand what you can do in family court to defend yourself.

Protective Orders and Temporary Restraining Orders

Victims of domestic violence in Illinois are able to apply for a protective order or a temporary restraining order without any advance notice to the alleged abuser. The judge will issue the order if the victim’s application meets all of the legal requirements.

Once the order is issued, a law enforcement officer will then serve a copy of the order on the alleged abuser. These initial orders are not permanent. Before they can become permanent, the court will hold an evidentiary hearing.

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