Posted on September 14, 2012 in Prenuptial and Postnuptial Agreements

As divorce rates have been staying high for the past few decades, people have started to react to it with their actions before saying “I do.” Prenuptial agreements are becoming more common, because people have realized they want to protect their personal property and assets. Here is what the Illinois Uniform Premarital Agreement Act has to say on prenuptial agreements:

A premarital agreement is defined in the Act as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” The agreement must be in writing and signed by both parties, and it is enforceable without consideration. Just like with other binding legal contracts, you should know that the agreement is written properly beyond any doubt and that you know exactly what you are agreeing to. An experienced Kane County family law attorney can aid you with these tasks.

Continue Reading ››

 Posted on September 11, 2012 in Divorce

No, you are not required to undergo any type of waiting period in order to get divorced under Illinois law. In many states, you must be separated from your spouse for a certain amount of time or you must wait several months after the filing of your divorce petition before your divorce can be granted by the court and become final. While there are some circumstances under Illinois law in which you can undergo a waiting period for your divorce, such as when you are seeking a no-fault divorce, you are never required to have a waiting period before you can get divorced.

In order to avoid any kind of waiting period in an Illinois divorce, the Illinois Marriage Dissolution of Marriage Act (750 ILCS 5/) states thatyou must use one of the fault-based grounds for divorce under Illinois law. These grounds, or reasons for the divorce, include the following:

Continue Reading ››

 Posted on September 07, 2012 in Divorce

Geneva family law attorney Douglas B. Warlick was recently inducted as the President of the Geneva Lions Club. GenevaPatch announced Warlick’s induction in conjunction with the 75^th anniversary of the Geneva Lions Club, a historic event that was enjoyed by 125 attendees.

The Geneva Lions Club meets each Monday for luncheons at 12:00 p.m. at Riverside Receptions in Geneva. Following the luncheon, the club conducts its business meeting, and on non-business meeting days, often hosts guest speakers on a variety of topics.

As a local chapter of a nationally recognized charitable organization, the Geneva Lions Club engages in number of civic programs, including the following:

• New Eyeglasses and Eye Exams – as referred by school nurses and social service organizations
• Diabetes Awareness Day – annual event in April
• Candy Days – October 4 – 5, 2012

Continue Reading ››

 Posted on September 04, 2012 in Child Custody and Support

For years, the Chafin family lived very far apart.  Jeffrey Chafin, 41, is a sergeant 1^st class for the US Army and as a result is constantly moving around the globe depending on his deployment.  His wife, Lynne Chafin is a Scottish national who had lived with the couple’s daughter from 2007 to 2010 in her homeland.  At that time, Lynne and her daughter came to stay with Jeffrey in Madison, AL to repair what was left of their marriage.  They ended up divorcing anyway.

Lynne eventually overstayed her visa and returned to Scotland.  At that same time, a state judge in Alabama awarded custody of the child to Sergeant Chafin. The custody battle has been raging for two years since that time.  Upon review by a US district judge, the case was overturned.  Judge Igne Prytz Johnson cited the Hague Convention on the Civil Aspects of International Child abduction and explained that Scotland was the girl’s “habitual residence.”  A habitual residence is legal terminology which means someone’s home for a long duration in the past.

Continue Reading ››

 Posted on September 01, 2012 in Child Custody and Support

In 2008, Steven Watkins went to Jennifer’s his estranged wife’s, home in Ashland to pick up his daughter.  This was a court-ordered visit based on a custody agreement that the two had when they divorced.  When he went to the door he was met by Jennifer’s grandmother and a gun.  Steven was shot to death on that day in November.  Currently, 76 year old Shirley Skinner is serving a 55 year prison term for being convicted of the murder.

After the death of their son, Steven’s parents were awarded visitation of their granddaughter by a county judge in Cass County in the fall of 2010.  Unfortunately, his parents never really had a chance to capitalize on these rights because their granddaughter was taken out of Illinois.  Jennifer Watkins relocated her daughter to Florida and has not allowed the Watkins to exercise their visitation rights.  The court has tried to enforce this ruling, even having Jennifer arrested for five months in Florida.

Continue Reading ››