Posted on December 22, 2017 in Family Law

As the caretaker of a child, parents have some basic rights and responsibilities. Parents of a child have the right to raise their child in the manner that they believe is appropriate and have the responsibility to keep the child safe and provide for him or her. A court can take these rights away from a parent if he or she violates the law repeatedly or in a particularly heinous way. In certain situations, a parent can also voluntarily terminate his or her rights, which ends the legal parent-child relationship and absolves the parent of many responsibilities.

Involuntary Termination

In Illinois, one parent cannot simply petition the court for the termination of another parent’s rights. A parent’s rights can only be terminated in conjunction with the Adoption Act or in a juvenile case. Family courts start with the assumption that it is best for children to have two parents in their lives, except in cases where this is not in the best interest of the child or a parent is found to be unfit. In Illinois, a parent can be found unfit to be a parent if they:

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 Posted on December 18, 2017 in Divorce

If you are just beginning to research your options regarding divorce, you may have stumbled upon some terms and phrases that are to you. One such term that many people considering divorce are curious about is the word “contested.” There are contested divorces and uncontested divorces. The root word of contested is contest, so it refers to a competition or dispute. Within the law, a contested divorce is one in which the spouses cannot come to an agreement about one or more issues. Couples who engage in a contested divorce may disagree about the division of marital property or debt, spousal support (also called alimony or spousal maintenance), child support, or child custody. An uncontested divorce is appropriate when both spouses agree on all of their divorce-related issues and meet other state-determined criteria. A contested divorce is often more complicated than an uncontested divorce.

Uncontested Divorce in Illinois

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 Posted on December 14, 2017 in Divorce

Getting a divorce is often an extremely complex and involved undertaking. It can feel overwhelming, especially when discussing assets and finance, where small details may need to be addressed quickly. Because so much is happening all at once, though, it is not at all uncommon for the average person to make a mistake or two in safeguarding their own property and financial interests. If you know about such potential mistakes, it can be much easier to avoid them.

Not Taking Taxes into Account

It is normal for a divorcing spouse to focus on the assets in front of them and the convenience that those assets can bring. For example, the marital home may be targeted by both spouses because whomever remains will not need to move, which can cause considerable expense and trouble. However, it is also normal for the spouse who may come away with such assets to wind up with a considerable tax bill the following year. A marital home is cheaper in terms of taxes if you retain it. Most of the time, if you are awarded your house or condo in the divorce, you are able to claim the mortgage interest deduction on your taxes. However, if you decide to sell the house after it has been awarded to you, you are responsible for the taxes on the amount received, which can pose a serious problem for someone who did not expect it.

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 Posted on December 11, 2017 in Divorce

The holidays are a special time of year for many people. They look forward to the workplace Christmas parties, family gatherings, special meals, and exchanging of presents. However, for some people this is not the “most wonderful time of the year” at all. Those who have recently separated from their spouse may be dreading the holiday season. If you are facing your first important holiday without your spouse, you may feel lonely or incomplete without them. You may worry about how to explain your spouse’s absence at family get-togethers. You may even feel like skipping the holidays completely. These are all understandable reactions to experience after a break-up. There is no perfect way to make it through your first holiday alone, but experts do have some advice to help.

Avoid Isolating

There is so much pressure to be joyous and merry during the holiday season that it can be overwhelming, especially for someone grieving the end of a relationship. If you have recently gone through a break-up, you may be tempted to stay in bed during the entire holiday season. While some alone time is healthy, complete isolation is not. Try to attend at least a few holiday events and gatherings this year. You may be surprised at how supportive your friends and family will be. Even just getting out of the house for a change of scenery can be enough to help lift your mood.

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 Posted on December 07, 2017 in Paternity

Fathers’ struggles against unfair co-parents are fairly well known, with many citing statistics about unequal treatment granted to men during parenting time allocation or discussion of spousal support. However, it is important to remember that the opposite narrative does exist. Some mothers have good reasons to fear or dislike the thought of their former partner having visitation rights. If you are suddenly served with a notice of a DNA test or paternity suit, it can be both confusing and frightening.

Voluntary Acknowledgments of Paternity

The public policy of the state of Illinois is to make it so that children have contact with both parents unless there is persuasive evidence to show otherwise. In the case of unmarried parents, this means that the father of the child in question must be determined. Generally, this is done not long after a child is born when both parents complete a Voluntary Acknowledgment of Paternity (VAP). If the alleged father does not sign the VAP, he has no legal rights to any parenting time or parental responsibilities for the child in question.

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 Posted on December 05, 2017 in Child Custody

If you are a parent facing divorce, you probably have a lot of questions and concerns. For many divorcing couples with children, one big hurdle is the issue of how the children should be raised. Some couples share custody 50/50 while others have a custodial parent who has the children more often and a non-custodial parent who has the children less often. There is no perfect way to determine custody of children post-divorce, but experts do have a few guidelines for divorcing parents.

Putting the Child First

Years of research have suggested that shared custody is the best for children. Professor of psychology and author Richard A. Warshak, PhD has made his life work studying the effects of divorce on children. His most recent findings suggest that children who spend at least 35 percent of the time with each parent do better than those who see one parent infrequently. Children who have both of their parents heavily involved in their lives tend to do better academically, socially, emotionally, and psychologically. They are also less likely to abuse drugs and alcohol or suffer from mental illnesses.

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 Posted on November 30, 2017 in Mediation and Collaborative Law

As anyone who has been through a divorce will tell you, tension between two divorcing spouses can run high. The emotional turmoil and stress of the divorce can make it difficult for couples to come to a decision about how they want to proceed with their divorce. In some divorces, a neutral third party called a family law mediator or divorce mediator is employed to help couples come to an agreement on issues.

The job of a mediator is to help couples end their marriages as amicable and cost-effectively as possible. Many couples with children use divorce mediation in order to decide how they will share custody and parental responsibilities for the children. Divorce mediators may also help with decisions regarding the distribution of property, retirement, wills, or other financial concerns.

What Types of Couples Could Benefit from Mediation?

Many couples who are experiencing marital problems seek a therapist to help them work through their conflicts and stay together. Mediation is not the same thing as couples’ therapy. Divorce mediation takes place after a couple has decided for sure that they are going to end their marriage.

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 Posted on November 28, 2017 in Domestic Violence

Sadly, domestic violence remains a serious problem in this country. According to the National Coalition Against Domestic Violence, approximately 20 men and women per minute are physically abused by an intimate partner in the United States. More than 10 million people are victims of domestic abuse each year, and nearly 20 million women and 5 million men have been victims of stalking and other forms of harassment.

Domestic violence can be physical, psychological, emotional, financial, or sexual. Because many victims try to justify their abuser's actions, or assume that their behavior will improve, they do not report the abuse. This is especially dangerous because domestic violence situations frequently escalate. To combat this abuse, all 50 states have laws that allow for some form of protective order, sometimes called a restraining order. While orders of protection cannot physically stop an abuser from contacting or touching you, they do promise serious consequences for perpetrators who choose to violate the terms set forth in such orders.

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 Posted on November 22, 2017 in Divorce

A divorce is widely considered the second most stressful life event a person can experience. It is second only to the death of a spouse. For those contemplating ending their marriage, there are many things to understand and plan for in advance. One of the many concerns that people considering divorce have is how it will affect them financially. There is no avoiding the fact that a divorce will change your financial situation but that does not mean that a divorce has to be a financial disaster. With some planning, help from professionals, and a little creativity, you can keep your divorce cost manageable.

Be Aware of Your Finances

Experts encourage people who are planning to divorce to immediately begin tracking their household income and expenses. In many marriages, only one of the spouses handles the money management. When two people divorce, they will both become responsible for sticking to a budget, paying taxes, and managing bills and surprise expenses. Taking stock of your current financial situation will not only help you prepare for being single but will also help your attorney advise you regarding splitting assets and debts and allow you to account for spousal or child support.

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 Posted on November 17, 2017 in Prenuptial Agreements

Archaeologists recently found the world's oldest known marriage contract in Turkey. The contract, which is inscribed on a clay tablet, mentions infertility and divorce. Experts believe the tablet is approximately 4,000 years old. The tablet is astonishingly similar to a modern-day prenuptial agreement, as it represents a marriage contract between a man named Laqipum and a woman named Hatala.

Among the provisions in the contract is one that specifies what will happen if Hatala is unable to have a child. It says that if this happens that Hatala must buy a slave woman to effectively serve as a surrogate. It also details stipulations in the event of divorce. According to a rough translation of the tablet, If Laqipum chooses to divorce his wife, he must pay her a certain amount of money. Likewise, if Hatala chooses to divorce her husband, she must pay him the same amount.

The Benefits of Using a Prenuptial Agreement

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