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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 Posted on March 24, 2016 in Divorce

Whether they always make it clear or not, children are remarkably observant. If your marriage is falling apart, your children may even realize that something is wrong before you do. This reality, however, does not make it any easier to tell them that you and their other parent are getting divorced. Choosing when to have the conversation, obviously, is an important consideration, as you do not want to break the news for the first time while one of you is literally walking out the door. There are few things to keep in mind as you figure out the best time to talk to your children.

No Turning Back

Your children rely on you and your spouse for stability. This, of course, is part of what makes many divorcing parents feel like they have failed. Divorce is not an acknowledgment of failure; rather, it can be the doorway to happier and healthier situation for everyone involved. However, it should not be taken lightly. Do not tell your children that you are separating or divorcing unless it is actually going to happen. Children are resilient, but most will not deal well with a “we told you we were getting divorced, but we changed our minds” approach. If you have decided to separate but have not made a decision on divorce yet, tell your children that. Explain that you are not sure what will happen, but that their current reality is changing.

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 Posted on March 21, 2016 in Guardian ad Litem

If you are—or expect soon to be—in the midst of a complicated child-related legal dispute, there is a very strong possibility that the court will appoint a guardian ad litem to assist in the case. A guardian ad litem, or GAL, works essentially as an extension of the court in matters relating to allocating parental responsibilities—formerly child custody—adoption, guardianship, parental relocations, and any other proceeding that is expected to impact or protect a child’s best interests. While it may be useful to have a trained, objective attorney helping the court make a decision in your case, you should be aware that the services of a GAL are not usually free, and the court itself will probably not be picking up the tab.

Filing of Fees to the Court

Within 90 days of being appointed, the GAL must present a detailed invoice to the court and both parties for services rendered. These services include the GAL’s assigned duties to investigate the circumstances of the family’s situation, to interview appropriate parties, and to prepare a recommendation. If the GAL has been required to testify in court, he or she may include this time in the invoice as well, along with any other reasonable expenses incurred. Should the GAL’s services be required beyond those contained in the original invoice, he or she must file a new invoice every subsequent 90 days.

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 Posted on March 16, 2016 in Spousal Maintenance

If you are receiving spousal maintenance, you probably know—or, at least, assume—that your former spouse’s financial obligations to you will end in that event you ever get remarried. It only makes sense. When you get remarried, you become financially interdependent with your new spouse, all but making your ex all but irrelevant—children’s needs notwithstanding. Depending on your situation and your desires, however, you may be inclined to shy away from marriage for a time after your divorce, as your last formal commitment may have soured you a bit on the institution. As an alternative to getting married, you may decide to move in with your new partner, but you should know that, in most cases, cohabitation is grounds for ending spousal maintenance as well.

Growing Trend

Evolving social mores and more liberal views on interpersonal relationships have led to an increasing number of unmarried couples living together. Many choose the arrangement as a precursor to marriage, while others are content to remain cohabiting indefinitely. While sociologists and religious authorities continue to debate the morality of cohabitation, legal systems around the country have been forced to contend with the changing concepts of household and family.

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 Posted on March 15, 2016 in Child Custody and Support

Under Illinois law, a supporting parent is usually required to pay at least 20 percent of their net income to their former spouse to support a child, a percentage that only goes up with each additional child to be supported. The exact percentage of child support that must be paid should be recorded in the divorce decree. In many cases, however, supporting parents are unable to make these payments because of changing financial circumstances, or are unwilling to meet their obligations for some other reason. If this has arisen in your situation, you do not have to accept your former spouse’s noncompliance with the court order. You can take him or her to court and require that they show cause as to why they are not paying child support.

Filing a Petition for Rule to Show Cause

A petition for rule to show cause is a motion filed with the court after it has entered an order directing one or both parties to do something. In a petition for rule to show cause, the petitioner asks the court to have the other party come before it and explain why they are not following the court order. As applied to child support proceedings, this means making your former spouse appear before the judge to explain why they are not making child support payments.

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 Posted on March 10, 2016 in Property Division

Getting a divorce is one of the biggest decisions of your life. Just like with other major decisions, the process will be much smoother if you have a plan. Working with a divorce attorney before you file can help you protect your assets. It can also give you a strategic advantage when you are ready to file.

Gathering Documents

During the course of the divorce, you will need access to a great deal of information. One of the best ways to prepare for a divorce is to gather as much information about your family’s financial situation as possible. This information will help your lawyer come up with a plan of action for dividing the marital assets and may prevent your spouse from hiding any assets after the divorce is filed.

The documents you need to collect include:

• Checking account statements;
• Savings account statements;

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