Posted on January 10,2023 in Illinois Divorce

It is not uncommon for married couples to sometimes go through periods of difficulties. The couple may try to work through these problems, but find them too overwhelming and question whether they want to stay married. While many of these couples will go straight to the phone and call a divorce attorney, some couples may be unsure if divorce is the right option for them. They may not be ready to take that permanent step of ending their marriage, yet they also know they do not want to live with their spouse at this time. In these situations, a legal separation may be the solution.

Legal Separation

When a couple decides to divorce, one spouse will file a divorce petition and the process will begin – working out a parenting plan, deciding the division of assets, setting spousal support, etc. When a married couple decides to take a break from each other, they may not think that they need to involve the court, without realizing that there are still legal issues that should be addressed.

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 Posted on December 27,2022 in Child Custody

Child custody cases are rarely simple. Unfortunately, many parents lose sight of what is really important and instead are determined to “win” at any cost. This mindset usually continues after the case is over and it can be challenging to co-parent with these types of people. If parents are unable to collaborate during the negotiations for determining the allocation of parental responsibilities and a parenting time schedule, this can have a negative impact on the final outcome of any custody agreements.

It is critical for the child’s emotional well-being that both parents focus on being the best parents for their child during these negotiations and beyond. The following are some of the issues that parents should absolutely avoid. For more detailed information about your particular circumstances, contact a Kane County family law attorney.

Do Not Let Negative Feeling About Your Soon-to-Be Ex Become a Priority Over Your Child’s Best Interests

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 Posted on December 20,2022 in Illinois Divorce

Many of the divorces we hear about in the media that involve celebrities, athletes, and politicians often involve knock-down, drag-out fights, taking months – if not years – to settle. These types of divorces can also be found in our own social circles. If you are considering divorce but cannot imagine you and your spouse engaging in this type of process, you may just qualify for a joint simplified dissolution of marriage.

Contested and Uncontested Divorces in Illinois

If a spouse contests a divorce, it does not mean that they will permanently stop the divorce. It just means that the couple does not agree on at least one major issue they need to decide on, such as asset division or child support. While a contested divorce usually ends up taking much longer and costs a lot more than an uncontested divorce – one where the couple does agree on all major issues – it will eventually come to a legal conclusion.

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 Posted on December 13,2022 in Illinois Divorce

In an Illinois divorce, the assets the couple has amassed during their marriage have to be equitably distributed between the two. If the marriage is young, that marital estate is often not a complicated one. However, in today’s society, one of the fastest-growing types of divorce is a “gray divorce.” Gray divorce is one in which couples over the age of 50 decide to end their long-term marriage. Due to the length of the marriage, the marital estate is often a more complex one to distribute than an estate from a marriage between a younger couple. Not only may the older couple have property to divide up, but there are also often complex financial accounts, such as pensions and 401(k)s, that are part of the marital estate. This leads many people to wonder how their Social Security retirement benefits could also be impacted by their divorce.

Social Security Retirement Funds

The good news is that the court does not consider Social Security retirement benefits as part of the marital estate. Divorce is handled on a state level, with each state making its own dissolution of marriage laws. However, Social Security rules and regulations are handled by the federal government. States have no oversight or input into how that system is run.

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 Posted on December 06,2022 in Illinois Divorce

On January 1, 2023, the SAFE-T Act (Safety, Accountability, Fairness, and Equity-Today Act) will go into effect. The Act addresses a number of criminal justice reform issues, including the elimination of cash bail. According to the new law, judges will determine whether defendants charged with a specific set of violent misdemeanors and specific felonies pose a flight risk, pose a risk to another person, or pose a risk to the public or if they can be released. The changes mean that a judge has the discretion to release a defendant who is charged with domestic violence or other violent crime without the requirement of monetary bail.

This has led some state prosecutors to begin filing individual petitions to keep violent defendants – who could qualify for release when the new law goes into effect – in jail while they await trial. One county’s state prosecutor’s office has already filed petitions on more than 50 domestic violence defendants.

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 Posted on December 01,2022 in Paternity

Many people are familiar with the line, “You are (are not) the father!” The line – often repeated tongue-in-cheek – was made famous by daytime talk show host Maury Povich. Many episodes of the show were centered around participants who were either trying to prove or disprove allegations that they were the parent of a child. At some point during the episode, the results of a paternity test would be revealed to the show participants and the audience the results, with the host delivering his famous line.

The reality for many people, however, is that paternity of a child is anything but entertainment. Proving paternity means a father will have parenting rights, as well as being required to contribute to the financial support of a child. In Illinois, paternity is determined in several ways.

Presumptions of Paternity

The state of Illinois has enacted presumptions of paternity in certain cases where there is a question of who a child’s father is. The state may presume the person is the child’s father in the following situations:

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 Posted on November 16,2022 in Child Custody

Parental Alienation Syndrome (PAS) has been recognized by some in the medical community since 1985 when one child psychologist identified the similar behaviors that children exhibit when they have been exposed to parental alienation by one or both parents. In the decades since, the syndrome has yet to be recognized by the American Psychological Association or the American Medical Association.

Despite the debates over whether PAS per se actually exists, there is no debate about the existence of parental alienation. Unfortunately, it occurs far too often in divorce and child custody situations.

What Is Parental Alienation?

Parental alienation is when one parent disparages the other parent to their child, deliberately manipulating the child’s perceptions of the parent, with the goal of turning the child against that parent. For example, a father may tell his children that their mother will stop loving them just like she did him or a mother tells her children that their father is going to forget all about them now that he has a new girlfriend.

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 Posted on November 10,2022 in Family Law

When a couple is planning their wedding, they are usually focused on their future together and their goals for their married life. Divorce is not usually a topic that comes up during this planning, but national statistics belie that optimism. Although the divorce rate has dropped over the past several years, it still hovers at close to 50 percent. The percentage is even higher for second and subsequent marriages.

This is one reason why engaged couples should have prenuptial agreements on their wedding to-do lists. A prenup is a contract the couple enters into that details what would happen in the event of a divorce. Prenuptial agreements are legally binding contacts and are enforceable, but like many contracts, there may be legal issues a spouse can cite in a divorce that would nullify the prenup.

Contents of a Prenuptial Agreement

A prenuptial agreement can address several issues that the couple would need to agree on in a divorce, essentially stating the rights and responsibilities of each spouse in the event of a divorce. Some of the issues that can be included in a prenup include:

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 Posted on November 02,2022 in Illinois Divorce

According to the National Coalition Against Domestic Violence, approximately 20 people are physically abused by an intimate partner every minute. Statistics gathered by Illinois domestic violence advocacy organizations reveal that domestic violence also continues to rise in the state of Illinois, which saw a 40 percent increase in requests for services last year. More than 40 percent of women in Illinois and 25 percent of men say they are survivors of domestic violence.

If you are a domestic violence survivor who is seeking to leave your abusive partner, it is imperative for your safety and your children’s safety to take the necessary steps to protect yourself. A Kane County divorce attorney can help. One of the first things your attorney can do is help you obtain a protective order against your abuser.

Emergency Orders

When the survivor is facing an imminent risk of harm, they can file for an emergency order of protection. In these situations, the alleged abuser is not notified of the requested hearing or given a chance to object to the petitioner’s request in order for the court to issue the order. Typically, the emergency order will be in effect for 14 to 21 days, but when the court issues the emergency order, it also schedules a hearing for a plenary (long-term) order before that expiration date. If the hearing cannot be scheduled before the expiration date, the court will extend the emergency order’s date.

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 Posted on October 28,2022 in Child Custody

Part of our job as parents is teaching our children how to be independent. This includes encouraging them so they are ensured their voices are heard and that their opinions and feelings matter. This process is an ongoing one and there are times when parents do need to overrule what their child wants because it is not in their best interest. One question that parents going through a child custody case often ask is whether or not the court will take into consideration the child’s wishes. Although in many cases the judge will consider the child’s wishes, it will not be the deciding factor.

Allocation of Parental Responsibilities and Parenting Time

In 2016, there was a major overhaul to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Lawmakers eliminated the phrase “child custody,” replacing it with the allocation of parental responsibilities and parenting time. What did not change is how family court judges decide the allocation and parenting time, basing those decisions on the best interest of the child doctrine.

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