Committing Adultery: Still a Crime in Illinois

 Posted on May 05, 2014 in Family Law

As soon as Gov. Maggie Hassan signs the anti-adultery bill, which was recently passed by the legislature, it will no longer be a criminal act to commit adultery in the state of New Hampshire. Currently, adultery is a Class B misdemeanor and punishable by a fine of up to $1,200.

Adultery is still considered a crime in 21 states, including Illinois. The Illinois Criminal Code 720 ILCS 5/11-35 says adultery is a Class A misdemeanor and is punishable by a prison sentence of up to a year. Not only can the married person committing adultery be charged, but the person with whom they are committing adultery with – even if that person is not married – can also be charged.

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Dealing with Deadbeat Dads and Moms – Illinois Style

 Posted on April 29, 2014 in Child Custody and Support

Fill in the blank, deadbeat _______. More than likely “dad” came to mind. As a play on the word association game we often assume that the fathers are the only ones skipping out on the child support. Not so fast. According to Fox News, moms can be deadbeats too. Actually the percentage of moms skipping out on their obligation is higher than the percentage of dads falling behind in child support payments.

Governor Pat Quinn and the Child Support Services of Illinois highly recommend that parents not honoring their mandated child support orders think twice. Illinois has developed several creative ways of letting yodur employer, friends and neighbors in on your secret. Governor Quinn firmly believes that every child in the state deserves both financial as well as emotional support from each parent. The first step in rectifying a delinquent order is to contact a family law attorney in your area and have the order registered with the court as instructed under Illinois Public Act 097-0926.

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Unjust Child Abuse Allegations: Your First Call, an Illinois Juvenile Attorney

 Posted on April 25, 2014 in Child Custody and Support

For the past few days, your two year old toddler has not been acting like himself. He appears irritable and feverish. You decide to watch him for the next day or so to determine if a call into the pediatrician is warranted. Your son has other ideas. It is now two o'clock in the morning and you are trying to soothe your child who is running a high fever and tugging at his right ear. You make a call into your pediatrician's office as you buckle him in for a ride to the ER with what you suspect is a severe ear infection.

Upon arrival, the triage nurse takes you and your son into the triage room and confirms that your baby is experiencing intense ear pain and directs you to the nearest emergency room to await the on-call pediatrician. A young intern arrives and begins examining your child. You can not help but notice as they confirm the diagnosis that you are receiving odd looks by both the doctor and the nursing staff. She begins to discuss the treatment plan for the ear infection and you welcome the opportunity for relief in sight but then she blurts out, “can you tell me how your son received these bruises?”

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Special Issues Single Parents Face

 Posted on April 22, 2014 in Divorce

As the divorce rate increases, so too does the number of single parent households. Right now, there are fifteen million children in this country who live without a father. That’s 1 in 3 children. And there are almost 5 million children who live without a mother.

Dealing with the issues that come up when raising children can be hard enough in two parent households, but it can be twice as hard for single parents who are doing all the work alone. Single parents typically face more financial struggles, especially single mothers. Statistics show that the average annual income of married parents is $80,000. The average annual income for single mothers is $24,000.

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New Study Reveals Divorce Statistics Even Higher Than Previously Reported

 Posted on April 19, 2014 in Divorce

A new study by the Minnesota Population Center reveals that for the past 30 years, marriage experts have been reading the wrong data when it comes to determining the increases and decreases of this country’s divorce rate. And this new information shows that the divorce rate is even higher than previously thought – especially among baby boomers.

Divorce numbers began rising in the 1970’s as many baby boomers got married and divorced. They’ve kept up that pattern over the past three decades. According to the lead researchers, Steve Ruggles and Sheela Kennedy, the increase has spiked dramatically. In an interview, Ruggles said, “There has been a threefold increase in the divorce rate of people aged between 60 and 65 since 1990. And for those older than 65, the increase is fivefold.”

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What You Need to Know About Prenuptial Agreements

 Posted on April 15, 2014 in Prenuptial and Postnuptial Agreements

When it comes to prenuptial agreements, many people have a basic understanding of how they work. However, there are many details surrounding them that people may not be familiar with. One of the most commonly misunderstood details is how to approach the subject of prenuptial agreements with your fiancee.

If you wish to bring up the option of a prenup with your soon-to-be-spouse, make sure to do it as early as possible. As long as the two of you have been open and honest with each other throughout your relationship, the mention of a prenuptial agreement should not be too surprising.

Nancy Dunnan, a New York City financial advisor and author, suggests that couples discuss prenuptial agreements even before the engagement. “Let your intended know you believe these agreements are important and that you would like to go over the topic.”

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What Is Divorce Mediation?

 Posted on April 10, 2014 in Mediation

Many times during a divorce process, rather than enduring litigation, couples will turn to mediation in order to help resolve conflicts and work out a mutually beneficial divorce settlement. It is often said that the method by which conflicts are processed and resolved will end up having a large influence on a family’s adjustment to the divorce. In divorce mediation, spouses meet with a neutral third party (the mediator) and work through any issues that need to be resolved in order to end the marriage as amicably and cost effectively as possible.

What  does a mediator do that the two of you cannot accomplish alone?

A mediator’s role is to help you and your spouse clearly define any issues you may have, keep all lines of communication open, and to promote discussion and resolution. This does not mean that the mediator will make all of your decisions or you, but rather, he or she will assist in bringing the issues to the table and making it possible to effectively deal with them.

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What is Annulment and Who is Eligible?

 Posted on April 07, 2014 in Annulments

Many people have heard of the term “annulment” and understand that it somehow similar to getting a divorce, but different in some mysterious way. Under Illinois law, an annulment is referred to as a “declaration of invalidity of marriage”. Unlike a divorce, an annulment does not simply terminate a marriage; an annulment states that a marriage is not valid and completely dissolves it as if it never existed in the first place.

 Before you get excited, thinking an annulment is the answer to all of your problems, it is important to recognize that not everyone is eligible for an annulment. There are four reasons for getting an annulment here in Illinois. According to the Illinois General Assembly, those reasons are:

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What is Spousal Support and Why Does it Exist?

 Posted on April 03, 2014 in Divorce

Sometimes in marriage, one spouse remains at home with the kids while the other goes off to work every day. For one reason or another, one spouse has been out of the work force for so long that it would be extremely difficult, if not impossible to find a new job to live on. When this happens, that spouse can face many financial troubles if the couple gets divorced. Luckily, there is a solution to this problem: spousal support.

Spousal support, also known as spousal maintenance or alimony, refers to “payments or transfers of money or assets from one spouse to another after a divorce.” Spousal support is not always necessary, but it is needed when one spouse may face a decrease in his or her standard of living after divorce.

Not just anybody is eligible for spousal support. The courts must consider a variety of different factors when determining if a couple is eligible for maintenance, including, but not limited to, the following:

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Illinois Seeks to Protect Student Privacy

 Posted on March 31, 2014 in Family Law

The Illinois legislature hopes to put parent’s mind at ease when it comes to their children’s digital privacy, while at the same time protecting parental rights with new changes to Illinois family law and criminal law.

The Privacy in the School Setting Act prevents any public elementary or secondary school district, and any higher learning institution from requiring or requesting that a student, prospective student, or parent/guardian turn over their social network password. To protect student privacy, the law also bans schools from accessing student email accounts without a parent or guardian’s permission. The law does provide an exception for cases when the school has reasonable cause to suspect that a student has violated school disciplinary rules or policies and has posted evidence of the violation on social media.

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