Posted on November 23, 2015 in Parental Relocation

Even if the process of divorce is relatively smooth, the impact to your life and your future can be very challenging. You probably realize, of course, that you have made the right decision, but that does not really make day-to-day living a whole lot easier. Part of your reason divorce, if you are like most people, was the opportunity for a fresh start. For some, this may mean moving to a new city and creating an entirely new life for themselves. If you are considering such move, there are number of things you should consider before leaving town.

Be Wary of Long-Term Commitments

Just as relationship experts recommend caution about jumping into a serious, long-term dating relationship immediately after divorce, the same should be said about living arrangements. In the weeks and months following the end your marriage, your judgment is not likely to be as sound as maybe it should be, so spending a lot of money to buy a new home, or making commitments to rent a condo in a new city may not be the best idea. Such decisions should be made only after careful consideration planning. Now is not the time to be acting on a whim.

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 Posted on November 18, 2015 in Domestic Violence

There is absolutely no question that domestic violence continues to be a major problem in today’s American society. In fact, there are a number of studies that suggest that the issue may be even more serious than previously acknowledged, including severely underreported cases involving male domestic abuse victims. The physical, psychological, and emotional damage caused by violence against an intimate partner or family member can rise to tragic levels, often requiring years of recovery if and when a victim can escape an abusive situation. It is for exactly these reasons that intentionally false allegations of domestic violence are so disturbing, and such allegations can substantially affect the outcome of family-related legal concerns.

Impact to the Falsely Accused

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 Posted on November 16, 2015 in Prenuptial and Postnuptial Agreements

As the average age of those entering marriage for the first time continues to rise, along with the record rate of remarriage around the country, more and more couples are faced with increasingly complicated property ownership situation. In previous generations, an average couple would pursue marriage shortly after high school or college, rent a home for a short time, then move onto home ownership as they build their marital estate together. Of course, that was not the case for every couple, but for many, such a progression was somewhat expected.

Today, however, individuals are approaching marriage altogether differently. Many have already had years to build wealth, start and sell businesses, and accumulate assets. In fact, it is not uncommon for both halves of a married couple to each own their own homes prior to getting married. However, such a scenario presents a number of options—and a number of challenges—for couple pursuing marriage and may a prenuptial agreement may be necessary to prevent future problems.

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 Posted on November 11, 2015 in Divorce

One of the most often-cited cause of bankruptcy is divorce. Many people will find that after the end of their marriage, they also need a fresh financial start. Some couples even have to file for bankruptcy during a divorce. How can you avoid the divorce-to-bankruptcy pipeline?

Understand True Cost of Divorce

Many people do not understand the true costs of a divorce. Between filing fees, legal fees, expert witness fees, the longer a divorce goes on, the more expensive it gets. Sometimes divorcing couples fight about the property division so fiercely that they have to sell off more and more of their assets just to pay to continue to fight.

Another often-ignored cost of divorce is the taxes. Married couples get a lot of special treatment under the tax code. Once the marriage is over, many people are surprised to see their tax refund decrease and their taxes increase.

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 Posted on November 11, 2015 in Child Custody and Support

Being a parent is not easy. It can be infinitely more difficult to be a parent when you are divorced, separated, or were never married to the child’s other parent and he or she has been granted primary residential custody. Under ideal circumstances, you should be entitled to reasonable rights of visitation with the child, but the real world is rarely ideal. For example, you may be dealing with personal problems of your own, and as a result, the court may have restricted your rights of visitation. While such a situation may be incredibly challenging, it does not need to last forever, and there are some things you can do to work toward the reinstatement of your full visitation rights.

Be Totally Compliant

Even as you work on your own issues, it is vital that you comply with your visitation restrictions, no matter how emotionally difficult it may be. If you are permitted just an hour per week with your child, make the most of it. Make every effort to demonstrate your commitment to being a better person and a better parent. Any attempts to circumvent the court’s decision will not be seen favorably, and could result in full termination of your parental rights.

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 Posted on November 04, 2015 in Child Custody and Support

If you currently pay child support, you are probably operating under the assumption that your obligation will be complete when your child turns 18 and graduates from high school. In most cases, you would be correct. The child support laws in Illinois generally require a parent—usually the one without primary residential custody—to pay support until the child is no longer a minor and has earned a high school diploma. You may be surprised to learn, however, that your obligation may continue, depending on your family’s specific circumstances, as your child pursues an undergraduate degree. Illinois, for some time, has recognized the right of a child to seek support from either or both parents for help with educational expenses, and, earlier this year, some cleanup language was added to the law that will take effect in January.

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 Posted on November 02, 2015 in Child Custody and Support

With Halloween now a fading memory, Thanksgiving, Christmas, Hanukkah, and New Years are just around the corner. Virtually everyone looks forward to spending at least part of holidays with family members and loved ones. For divorced, separated, or never-married parents, however, it can be challenging to come up with a plan that ensures the children get the holiday experience they deserve while recognizing the rights and reasonable desires of each parent.

Check Your Custody Order

Depending on the type of legal guidance you had while developing your existing custody or visitation agreement, you may already have a plan in place for the holiday season. Some orders specifically list each holiday that is important to either or both parents and designates a method for sharing parenting time, based on each particular family’s situation. For example, in your family it may be best to each spend half the day with your child on holidays you have determined to be major holidays, such as Christmas, while holidays that are less important to your family may be alternated.

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 Posted on October 28, 2015 in Divorce

As you approach the divorce process, you and your soon-to-be ex-spouse may already have most of the details covered. It is not uncommon for a couple to “pre-negotiate,” if you will, regarding the various necessary considerations before the petition for divorce is even filed. For the vast majority of cases, this is very welcome, and a much lower-stress alternative to long, drawn-out courtroom battle, the impact of which may be felt by both parties for years into the future. For some couples, however, their negotiated agreement may not meet the court’s standards, and could be rejected on the grounds of being unconscionable. It is important to understand just what that means so you can be prepared to avoid such a response from the court.

Negotiate with an Understanding of the Law

While you certainly do not need to be an attorney to reach a reasonable agreement with your spouse, it does help to have a basic grasp of what the Illinois divorce laws require. This is especially applicable to concerns for property division, and spousal maintenance. A negotiated agreement does not necessarily need to adhere to each and every provision in the related laws, but understanding what the law considers to be just and equitable is a good place to start. From there, you and your soon-to-be ex can create virtually any type of settlement you wish, as long as it is reasonably fair to both parties and your children.

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 Posted on October 26, 2015 in Divorce

If you ask five family members or friends for advice on what to do in preparing for your divorce, you are likely to get five different answers. This is not because any of them wrong necessarily, but because there are many important factors to consider and steps to take. Similarly, the Internet is replete with advice and checklists for divorcing individuals, but before you take action, it is important to take stock of what you have, what you want, and what it will take to get there.

Save Some Money

As you get ready to file your petition for divorce, you will need to have some money put aside for a variety of expenses. This is especially true if you have become accustomed to a lifestyle reliant on two incomes. Very soon, you will be forced to be self-reliant, and if your monthly income cannot meet your monthly needs, you will need to have savings. Remember that during the divorce process, you may need to find a new place to live, buy new household goods or furniture, or hire an attorney. All of these things cost money and you need to be prepared.

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 Posted on October 21, 2015 in Guardian ad Litem

When any child-related legal proceeding has reached a point at which it has become clear that the parents or other parties to the case cannot agree on what constitutes the child’s best interest, the court may intervene and appoint an attorney to serve on behalf of the child. There are several roles under law which a lawyer may be appointed to fulfill, but the two most common are called the guardian ad litem and the child representative. The responsibilities of each, as they pertain to family law matters, are specified in the Illinois Marriage and Dissolution of Marriage Act.

Child’s Best Interests

Although only one or the other is typically appointed it a given case, both the guardian ad litem (GAL) and the child representative (CR) share a common goal: identify and advocate for the best interests of the child. In order to identify the best possible outcome for the child, the GAL and CR are both granted investigative powers. They are permitted and encouraged to interview the child, both parents, and any other interested party to the case. They may also review court documents, filings, and other evidence to help establish what they believe to be the most positive situation for the child.

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