Posted on October 05, 2015 in Child Custody and Support

Following a divorce or break-up, parents go their separate ways, often creating vastly different lifestyles from one another. In most cases, however, each parent still has the right to at least reasonable visitation with the child, if not significant parenting time through a shared custody arrangement. For some parents, however, the difference in lifestyles can be particularly troubling, especially if there are concerns that the child is being negatively affected. If you have been questioning the appropriateness of the other parent’s behavior, it is important to know what you can and cannot do about it, and a family lawyer can help.

Your Opinion May Not Really Matter

Unless otherwise stated in your custody order or parenting agreement, how you feel about the other parent’s actions has little bearing on the situation. There are some exceptions, but those will be addressed in a moment. Even if you have been granted sole legal custody, meaning you are fully responsible for important decision-making in regard to your child, as long as the other parent has not been deemed unfit, he or she is permitted to parent as he or she desires. His or her time with the child is not under your control, and you do not have the authority to tell them what to do or how to do it.

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 Posted on September 30, 2015 in Divorce

Divorce is rarely pleasant. But, not all divorces are high conflict screaming matches. Even if your soon-to-be ex-spouse has a high-conflict personality, there are many things you can do to try and keep the divorce as smooth as possible. It is in the interest of both parties to be civil, because the more conflict there is in the divorce, the higher the attorney fees will be and the longer the divorce will take to get finalized.

Step Back Before You React

There are a lot of different emotions going through both sides of a divorce. You spouse will probably do or say several things during the divorce that make you angry. Before you react to anything you need to take a step back.

Often, when you stop and look at things from the other person’s perspective, you can understand where they are coming from. You may not agree, but you gain some emotional distance that will let you respond calmly instead of escalating the situation. If talking in person or over the phone take a deep breath before responding. You can even tell them you need to think about what they just said and let them know you will get back to them. Resist the urge to respond to a text with the first thing that comes to your mind.

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 Posted on September 28, 2015 in Domestic Violence

While it is understandable that few people would prefer to live near neighbors who are constantly being visited by the police, recently passed legislation limits the application of so-called “nuisance-property” ordinances when the situation involves domestic violence. The law is being touted by the American Civil Liberties Union (ACLU) as a step in the right direction toward protecting the rights of domestic violence victims.

Nuisance Properties

Over the last several years, cities and municipalities in Illinois and around the country have enacted local ordinances to combat crime and to promote neighborhood responsibility. These laws, in general, hold a landlord responsible, to an extent, for the behavior of his or her tenants, and the property owner may be subject to fines and penalties if the property becomes a nuisance. In response, landlords have begun evicting tenants if the police are called to a particular home too often. While such actions may seem reasonable in the fight against illegal drug activity, for example, it has also led to victims of domestic violence being evicted simply for calling for help.

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 Posted on September 23, 2015 in Child Custody and Support

Beginning in 2016, Illinois will no longer be using the phrase "child custody" when deciding what should happen to a child whose parents are splitting up, but the law still requires judges to evaluate what is in the best interest of the child. The court will need to decide where the child will live most of the time. This may no longer be called custody, but it functions in a similar way.

Judges know that while parents can and should share the major decision making and parenting tasks, the parents are most likely in court because they have difficulty resolving issues together.

Best Interest of the Child Standard

When dealing with children, courts are always charged with making decisions in the best interest of the child. What the best interest of the child actually means is a matter of interpretation.

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 Posted on September 21, 2015 in Spousal Maintenance

After a divorce, there is often a significant disparity between each spouse’s ability to be financially self-sufficient. This could be the result of differing familial roles during the marriage, child custody arrangement subsequent to the divorce, and many other factors. To help alleviate the financial impact on the more-dependent spouse, the court may order—or the spouses may agree to—spousal maintenance for a period of time following the divorce. How long such an order will last, however, is dependent upon the circumstances of each case.

Statutory Provisions

Your order for spousal maintenance will be based upon provisions set forth in the Illinois Marriage and Dissolution of Marriage Act. The law provides calculation formulas for both the amount of maintenance to be paid and the length of time for which it will be paid, to be used in most divorce situations. The duration of your order is determined by multiplying the length of your marriage by a percentage factor designated in the law. The percentages are weighted so that longer marriages will result in longer orders for maintenance. The factors range from 20 percent for marriages lasting 0-5 years up to 80 percent for marriages lasting 15-20 years, and possible permanent maintenance for those over 20 years.

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 Posted on September 16, 2015 in Divorce

There are, obviously, countless factors that can affect a couple’s happiness and ability to weather the difficulties of marriage. Sociology experts, however, always seem to be trying to identify trends and specific elements that impact the likelihood of divorce. Such trends may not affect every couple who fits within a particular set of a criteria, but, by the nature, they do help provide some issues of which couples should be aware if they are looking to avoid becoming a statistic, so to speak.

According to Census data compiled in 2010 by the Journal of Police and Criminal Psychology, certain jobs and occupations place an individual at a much high risk for divorce than others. When the information was collected, roughly 16 percent of people across all occupations reported being divorced or separated. By comparison, those in particular jobs are several times more likely to get divorce, including:

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 Posted on September 14, 2015 in Child Custody and Support

Following a divorce or separation, it is not uncommon for one or both former partners to move to a new city or town. Some may be seeking a fresh start or a change of pace, while others may be moving closer to family members and existing support systems. When the divorce or separation involves children, however, the situation can be much more complex, as any significant move is likely to impact custody and visitation arrangements. As you look toward a possible relocation, it is important to understand the steps you may need to take to remain in compliance with applicable laws.

Existing Provisions in the Law

Currently in Illinois, a custodial parent is statutorily permitted to move with his or her child anywhere within the state. While such a move may have a direct effect on an existing custody or visitation agreement, there is nothing in the law to prevent it. Conversely, moving with child to a new location outside of Illinois requires the consent of the other parent or the overriding approval of the court. In granting approval, the court must determine the move to be in good faith and in the overall best interest of the child.

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 Posted on September 09, 2015 in Divorce

As you probably realize, the process of divorce is saturated with difficult decisions and challenging considerations. You and your soon-to-be ex-spouse must not only deal with your current situation, but expectations for the future as well, especially if you have children. Amidst the numerous concerns facing most couples is deciding who should file the petition for divorce and when. Are there advantages to filing first? Does it really matter?

Legal Benefit?

For the vast majority of divorce situations in Illinois, there is no specified legal advantage to filing for divorce before your spouse can. The titles throughout the proceedings may be different—the filing spouse is called the petitioner or plaintiff, while the other spouse is the respondent or defendant—but each party’s rights are equal. You each will the opportunity to present issues and express objections, regardless of your official position in the case.

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 Posted on September 07, 2015 in Divorce

In some areas of law, the jurisdiction or venue in which a case is filed can have a dramatic impact on its ultimate outcome. Some states or jurisdictions, for example, are more likely to be “friendlier” to plaintiff’s claims and juries may be thought to be more generous with other people’s money. Divorce, however, is not typically so dependent upon venue, especially in Illinois, as a number of updated laws have sought to provide more equitable standards for the process and to eliminate most of the potential unpredictability. The law, though, still requires divorce proceedings to be held in an appropriate county, and an amendment set to take effect year provides a degree of statutory flexibility.

Venue and the Law

The Illinois Marriage and Dissolution of Marriage Act states that proceedings for divorce, custody, maintenance, or other concerns under the Act “shall be had in the county where the plaintiff or defendant resides” but can be “directed to any county in the State.” Venue is not jurisdictional, which means the final decision of the court cannot be disputed on the grounds that it did not have authority to rule.

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 Posted on August 31, 2015 in Divorce

While the divorce rate seems to have stabilized in recent years, and may even, in fact, be falling, nearly one million American marriages are legally dissolved each year. Many individuals, however, are unwilling to give up entirely on the idea of marital happiness. According to a study conducted the Pew Research Center, fully 40 percent of all new marriages include at least one partner who has been previously married. Two in ten are marriages between partners who have both been married before. The study also indicated that nearly 60 percent of all divorced or widowed adults will remarry.

These statistics, it would seem, paint a rather optimistic picture of the American approach to marriage, despite the ever-present possibility of divorce. There are, however, a number of legal issues that may impact a remarriage more significantly than a first marriage. With the help of a qualified family law attorney, you and your spouse should be able to address these concerns and prevent them from becoming bigger problems:

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