Posted on May 11, 2017 in Child Custody

According to a familiar saying, it takes a village to raise a child, and in many families, this spirit is certainly evident. Any number of family and friends may help to raise a child, especially if the child has a single parent or if the parents work multiple jobs to take care of him or her. However, such family members have no legal rights regarding the child except in certain circumstances.

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Illinois is historically a state which has placed a strong premium on children having one or both parents in his or her life, even if there may be a potential safety issue. For example, it is relatively rare for parents to be declared unfit—even those with substance abuse problems. As such, it is not usually deemed optimal to award visitation to anyone besides the parent or parents. However, some grandparents or other family members like aunts, uncles, and siblings may still be granted visitation privileges, especially if the parents surrender custody of their own volition.

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 Posted on April 28, 2017 in Family Law

When you are involved in a legal dispute regarding your child, you know how important it is to keep the focus on his or her best interests. That being said, it is often incredibly difficult for parents to separate what they want from what is truly best for the child. It is also common for each parent to have a different opinion about what the child actually needs. If the parents cannot work out their differences and create a reasonable parenting arrangement, the court will be required to make the decisions for them. In some situations, the court may appoint a specially-trained lawyer known as a guardian ad litem to assist with the case.

What Does a Guardian ad Litem Do?

The guardian ad litem, or GAL, in a child-related legal matter, is a lawyer appointed by the court to identify and advocate for the child’s best interests. Despite his or her qualifications as an attorney, the GAL does not formally represent the child. Instead, he or she is tasked by the court with conducting a full investigation into the family’s circumstances and the home environment that each parent offers the child. The investigation normally includes interviews with each parent, the child, and any other relevant individuals, along with an in-depth review of financial records, court transcripts, and all other pertinent documents.

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 Posted on April 26, 2017 in Divorce

It is safe to say that a divorce is rarely easy. While some are obviously much more challenging than others, the fact remains that a divorce marks the end of a what was once—in most cases—a union between two people who loved each other a great deal. Of course, severing the bond between you and your spouse is only part of the equation, as the divorce process also requires you to make decisions regarding your property and finances, as well as your children, if you have them. Couples who have accumulated a significant amount of wealth during the marriage—along with those who brought substantial assets into the marriage—may be faced with additional complications along the way.

A Complete Accounting

One of the biggest issues in a high-asset divorce is the possibility that one or both spouses may not be completely forthcoming regarding his or her financial situation. When a couple owns relatively few assets, compiling a list of what you have is fairly easy. It is still possible for a spouse to be deceptive and to hide assets or revenue sources, but doing so typically requires intentional behavior by that party.

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 Posted on April 21, 2017 in Child Custody

Throughout the years and perhaps due to the change in family dynamics in our country, Illinois laws regarding child custody and visitation schedules have undergone significant changes. No longer are we in the age of the clear-cut, laid out in black-and-white model of parenting arrangements. Legislators have realized that there is no one-size-fits-all type of custody order. Instead of joint custody or sole custody arrangements, Illinois now uses a more fluid allocation of parental responsibilities. Although transitions such as these are beneficial because they allow the courts to mold a solution suitable for each family, terms become increasingly blurred and challenging for someone unfamiliar with this area of the law. It is not uncommon for questions to arise when determining the best outcome for each child.

The Best Interest of the Child

In every case, courts in Illinois focus on the best interest of the child—even if that is against the guardian's preferences. A judge will take into consideration if someone is unwilling to care for the child, as well as those who do prefer to look after the child. Other factors, however, factors play into consideration. Under Illinois law, at least 15 factors influence the determination of parental control, including:

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 Posted on April 19, 2017 in Child Custody

When you share parental responsibilities with your ex-partner, the decisions you make about your life affect more than just you. They affect your children and, in some ways, even your ex. Depending on what has happened between you and the other parent, you may not be too concerned with what he or she thinks about how you live your life. If you are subject to a court-sanctioned parenting plan, however, there are some limitations regarding what you can and cannot do without the court’s approval.

One such consideration addresses where you choose to live and whether you have the right to move once a parenting plan is in place. According to the law in Illinois, a move beyond a certain distance from your current home requires the consent of the other parent or the court.

Defining a Relocation

Recent amendments to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) introduced the term “relocation” as it applies to family law matters. The law defines a relocation as a move by either parent with his or her child that constitutes a significant change in circumstances for a parenting plan. Specifically, a relocation is a move by a parent and the child that is:

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 Posted on April 14, 2017 in Divorce

When a couple is considering a divorce—which is an extremely difficult decision and, often, a long, arduous process—they may decide that a legal separation is in their best interest. Under Illinois law, a legal separation represents a sort of middle ground between marriage and divorce, but, as a practical matter, such arrangements are not all that common. Many couples who opt for a legal separation do so to leave the possibility of reconciliation open or because of particular religious beliefs. There may also be financial reasons for filing for a legal separation instead of beginning the divorce process.

Why a Legal Separation?

A legal separation is about as close to a divorce as one can get without legally ending the marriage. In some circumstances, the decision to legally separate may be mutual. In others, one spouse may petition the court for approval of a separation. In a separation, just as in a divorce, the parties will agree or the court will determine an appropriate level of spousal maintenance, as well as parenting arrangements and child support where applicable. This helps to ensure that all parties, including children, are properly cared for by the terms of a legally enforceable agreement or court order.

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 Posted on April 12, 2017 in Domestic Violence

When it comes to domestic violence, abuse often leads one partner to pursue divorce as the ultimate resolution to their ongoing marital problems. Many married partners do not immediately seek out divorce, though. In fact, many stay in abusive marriages for many years before they begin to even consider the idea of leaving. This is because abusive relationships are very complicated. While the abuse element may be black and white on its own, the feelings the abused partner has for his or her abuser are not as clear-cut.

Obstacles That Prevent Victims From Leaving an Abusive Marriage

The abused spouse can truly love the person who hurts them, as every moment they spend together is not necessarily hurtful. The relationship is a woven fabric of lies, manipulation, and physical violence, mixed with periods of real affection, passion, and bonding. Having and raising a child with an abusive person is a perfect example. Sharing such an experience together often blurs the lines and muddles someone’s feelings for the abusive partner who is also the father or mother of their child and who has repeatedly displayed love and affection for the child over the course of months or years. This dynamic can make it extremely difficult to walk away.

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 Posted on April 07, 2017 in Divorce

Over the last few years, a new trend has emerged within the practice of family law. According to a series of surveys conducted by the American Academy of Matrimonial Lawyers (AAML), information taken from a person’s smartphone—including stored text messages and app data—is now being utilized more than ever in divorce cases. Nearly all of the attorneys who participated in the studies reported an increase in the amount a digital evidence being used in divorce cases in the last five years.

A Changing Industry

In previous generations—before the proliferation of digital technology and the advent of of smartphones—suspicious spouses often turned to private investigators to dig up dirt for leverage during divorce negotiations and proceedings. An investigator’s findings—along with bank records and credit card receipts—could be used to show that a spouse was cheating or to question the spouse’s character.

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 Posted on April 05, 2017 in Divorce

While the overall divorce rate for Americans is on a steady decline, there is a subset of people who are getting divorced more frequently: active troops in the armed forces. Those who voluntarily place themselves in harm’s way in the service of our country risk more than physical injury or death; they must also face challenges that can destroy their relationships with their spouses and other loved ones.

By the Numbers

According to researcher Benjamin Karney, the rate of married men in the military who divorced was about 2.6 percent. This number has remained the roughly the same in recent years. By comparison, the rate of military women who got divorced rose from 6.2 percent in 2015 to 6.6 percent in 2016. The Marine Corps alone saw a jump in troops’ divorce rate from 2.3 percent to 2.8 percent for men and from 6.4 percent to 7.7 percent for women.

Alleviating Risk Factors

Military life is extremely hard on everyone involved. Wives and husbands are away from each other for months at a time, and stress may run high during deployments or forced time apart. Often the responsibility of child-rearing falls to one person for long stretches at a time. Mental health issues arising from dangerous jobs can also make the marriage even more stressed.

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 Posted on March 30, 2017 in Spousal Maintenance

If you or your spouse has recently filed for divorce, you will soon face a number of difficult decisions. You will need to consider how to divide your marital property, develop a plan for cooperative parenting of your children, and build a new life for yourself following the divorce. In many divorce cases, the issue of maintenance—also known as spousal support or alimony—may be especially challenging. While you and your spouse could decide to leave the matter for the court to decide, you also have the ability to draft your own agreement regarding maintenance that helps you avoid a potentially nasty courtroom battle.

Working Together

Anybody who tells you that divorce is easy and painless is either lying or trying to sell you something. Divorce is never easy. A growing number of divorcing couples, however, are coming at the process with open communication and a commitment to cooperate. With the elimination of at-fault divorce in Illinois last year, the focus has largely shifted from laying blame to reaching a reasonable resolution. In many cases, each spouse realizes that their relationship is not healthy nor is it truly benefiting either party. They still love their partner enough to want to avoid creating problems during the divorce. If this describes your situation, you and your spouse will likely be able to reach an amicable agreement on spousal maintenance.

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