Posted on October 16, 2012 in Divorce

A. Requirements for filing for Divorce in Illinois:

Grounds - In order to file suit for divorce in Illinois, you must prove that you have met the necessary "grounds" for divorce. Those grounds include:

-  Residence for six months in state

-  Irreconcilable differences; and

-  No chance for reconciliation.

B. Temporary Orders Hearing:

If you and your spouse cannot agree as to how your property will be divided, your debts paid, how your property will be temporarily divided, your debts temporarily paid, and if you have children, how your children will be temporarily cared for, then you will need to have a hearing on temporary orders. Temporary Orders allow the court the opportunity to make orders that will exist during the time between the filing of your divorce suit and ending with the entry of the Final Decree of Divorce in your case.

C. Discovery Process:

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 Posted on October 14, 2012 in Divorce

Geneva High School Leos Club was presented with the 2011-12 Leo Club Excellence Award by Lions Club International on September 27, 2012.  The Award represents the highest distinction a Leo Club can achieve.  The Geneva Lions Club, sponsor and “parent” Club of the Geneva Leos Club, proudly honors and acknowledges the hard work of their membership at Geneva High School and their two advisors, Lynn Fredericks and Cathy Pool.

In October 1967, the board of directors of Lions Clubs International adopted the Leo Club Program as an official program of the association.

The Leo Club Program has been growing strong for over 50 years.  Community service remains the cornerstone of the program.  Like their Lion counterparts, Leo club members enjoy serving their neighbors and watching positive results unfold.

In total, more than 150,000 young people in 139 countries are proud to volunteer to serve others in their local communities and to call themselves Leos. These young community leaders are friendly, active and dedicated to creating new and exciting youth volunteer opportunities by participating in their local Leo clubs. Social and professional connections are an additional benefit for Omega members (age 18 and older).

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 Posted on October 08, 2012 in Child Custody and Support

One of the requirements for filing a divorce is residency in the state you are filing.  For example, Illinois requires that either spouse resides or is stationed within state lines for 90 days.  The other spouse doesn't need to reside in the same state but that can have an effect on your divorce proceedings.  The state which you file will decide how property is divided or how child custody is decided.  This is why it’s important to understand the concept of jurisdiction as it applies to your possible divorce.

The court looks at two different kinds of jurisdiction when deciding a divorce, personal jurisdiction and in rem jurisdiction.  Between these two concerns, a divorce court must decide if they can settle each case.  So what are these two terms?

Personal jurisdiction is when a court has control over a person because they live in state.  The court can also have jurisdiction if the person is served with a summons in Illinois or has minimum contracts in Illinois.  A minimum contract is a legal term which  a person to waive their rights to object to a court hearing a case.  If no objection is heard to this effect, then the case must proceed as dictated by state law.  Personal jurisdiction allows a court to make a person do something.

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 Posted on October 06, 2012 in Child Custody and Support

There are two ways to end a marriage, either through annulment or divorce.  So it is important to understand the differences in the two requirements and processes of annulments and divorces.  A divorce is a dissolution of marriage.  Both parties revert back to a single status and have the ability to remarry if they so desire.  The process itself is a lengthy and can include a lot of negotiations concerning aspects like division of property, child custody, and other things that must be separate after a divorce.

An annulment can be understood as an expungement of a marriage.  The Catholic Church often requires an annulment if people want to be remarried in the Catholic faith, which is where the process originated.  There will essentially be no record of such a marriage existing if the annulment can be legally justifiable.  Either spouse has the ability to file for an annulment but must prove that the grounds for annulment are in fact valid.  If the grounds are proven to be factual, the marriage can be pronounced null and void by a court.

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 Posted on October 02, 2012 in Divorce

If you are considering filing for a divorce, one of the items on your checklist should be monitoring what you post on your social networking sites. What may seem like a perfectly innocent posting on your Facebook status may show up as admitted evidence used against you in a divorce case.

According to the American Academy of Matrimonial Lawyers (AAML), over 80% of the top family law attorneys in the country report an increase in the number of cases utilizing evidence taken off of social network sites. Facebook was named the number one source by 66% of those attorneys surveyed, followed by Myspace and Twitter.

Lawyers have been using emails and text messages as evidence for several years. Social networking sites, although a fairly new tool, are quickly proving to be just as effective. Maybe more so, as people post more and more information about their private and personal lives on a very public forum. Photographs posted online are also proving to be a boon for couples involved in divorce proceedings. And the photos do not have to be posted on your site. Attorneys also check out the sites of friends, family members and other colleagues in their search for “damning evidence”.

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 Posted on September 30, 2012 in Domestic Violence

Domestic violence is a serious crime that can have long-lasting consequences. Every effort should be taken to end the violence as soon as possible. One of the ways to protect the victim from further abuse is to obtain an order of protection.

An order of protection is a legal injunction which orders the abuser to stop harming and stalking the victim in any way. Furthermore, the abuser is not allowed to come near the victim, and they may no longer reside in the same place.  If the abuser refuses to comply with the order, they must face penalties and sanctions which can be, for example, prison time or fines.

Anyone who has been abused by a family or household member can petition for an order of protection. Likewise, any person can apply for the order on behalf of an abused minor or a disabled adult as long as the abuser is a family or household member. The Illinois Domestic Violence Act also protects anyone who is residing or working at a private home or public shelter that takes care of an abuse victim. An order of protection can be issued even without there being any obvious physical injuries on the victim.

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 Posted on September 27, 2012 in Child Custody and Support

Custody issues usually become relevant when a relationship is about to end. Depending on how it ends, parents may want to take care of their children together or by themselves. In a joint custody arrangement, the custody of a child is awarded to both parents. Either or both parents can apply for joint custody, or the court may decide to award joint custody if it is determined that it would be best for the child. The Illinois Marriage and Dissolution of Marriage Act specifies what rules there are to joint custody.

When applying for joint custody, a Joint Parenting Agreement must be prepared. Your Kane County family law attorney can help you with this. The agreement specifies which powers, rights and responsibilities the parents have concerning the child’s personal care, education, health care, and religious training. The agreement also details what to do if the parents change their minds about the conditions or have a problem with them. If the parents fail to produce a Joint Parenting Agreement, the court may grant sole custody or introduce a Joint Parenting Order, which contains the same specifications as a Joint Parenting Agreement. The court may also order that an investigation is conducted about the custodial arrangements, if a parent or the child’s custodian requests this.

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 Posted on September 24, 2012 in Family Law

Family Law covers the laws related to, and regarding families. This includes the establishment of family and domestic relationships, the rules for creating a union - be it domestic partnerships, civil unions, or marriage, as well as their termination or dissolution, and the ensuing issues related to this, such as alimony, child support, property division, custody and the like.

When one thinks of family court; marriage, divorce, adoption, domestic abuse, child abuse and other related topics generally come to mind. All of these issues, and more, are addressed in family law.

Family law is ruled largely by statute, but common law (law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action) precedent plays an important role, as well, and these rules and laws vary from state to state. Although family court is the most well know judiciary body for this area of law, other courts and administrative bodies share jurisdiction as well. Many of the courts offer access to self-help services and legal forms for individuals to proceed without an attorney, but complications can easily arise and retaining an attorney is most often the wiser decision.

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 Posted on September 20, 2012 in Divorce

Paternity is a legal relationship between a father and his child, and it is vitally important for a number of reasons.

• Ensure a child’s right to a legal relationship.
• Add the father’s name to the birth certificate.
• Protect the parents’ rights.
• Enable access to family medical information.
• Secure the child’s benefits such as financial and medical support, Social Security, veteran’s benefits and inheritance.

If the parents of the child were not married to each other when the child was conceived and/or born, the father is considered the "alleged father." The alleged father is not the legal father of the child and his name cannot be added to the child's birth certificate until paternity is legally established.

In Illinois, if the mother is/was married when the child was conceived and/or born, her husband/ex-husband is legally presumed to be the father of that child.

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 Posted on September 17, 2012 in Child Custody and Support

It is anything but uncommon to get married to someone who does not share your religious views. In case of a divorce, this can lead to serious disputes. Interfaith marriages are becoming more and more common, and divorce rates are not declining, so this is an issue worth mentioning.

There has been a lot of talk about Tom Cruise and Katie Holmes getting a divorce. Most people know that Tom Cruise is a scientologist, which brings us back to our religion discussion.

Globalgrind reported a follow-up story on the Cruise-Holmes divorce, saying Suri and Katie are leaving scientology behind. According to the story, Katie has enrolled Suri in a private Catholic school, regardless of Tom's plans of Suri going to a scientology school. Surprisingly, Tom and Katie reached a settlement quickly, putting Suri's future above their own differences.

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