Posted on October 27, 2016 in Domestic Violence

A few days ago, a post on this blog talked a little about how to deal with an order of protection that has been filed against you. At our law firm, we believe that every person deserves to have their rights and freedoms fully protected as due process takes its course, including in cases related to domestic violence. There is no excuse for inflicting abuse of any kind on a spouse, child, domestic partner, or any other member of a person’s household and family. In recognition of October as Domestic Violence Awareness Month, we would like to take the opportunity to express our support for victims of domestic violence and abuse throughout our region and across the country.

Troubling Statistics

The National Coalition Against Domestic Violence (NCADV) is a non-profit organization dedicated to creating awareness of the scourge of domestic violence on our society. Through educational campaigns and outreach programs, the NCADV works on behalf of victims and survivors, looking for ways to reduce incidents of abuse and make American homes safer for everyone. As part of its efforts, the NCADV is constantly gathering information about domestic violence nationwide and some of the numbers are quite disturbing.

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 Posted on October 25, 2016 in Domestic Violence

In an unfortunately large number of divorce and child-related cases, one party may level unfounded allegations of domestic violence or abuse against the other in an effort to affect the outcome of the proceedings. While such actions may seem to be a frivolous waste of the court’s time, any suggestion of domestic violence must be taken very seriously to ensure the safety of all involved. However, when you are the subject of an order of protection and you have done nothing that can be construed as threatening or dangerous, your life can become very complicated very quickly, and there are some steps to take right away.

Understanding an Emergency Order of Protection

It is important to realize that an emergency order of protection can be issued based solely on the sworn testimony of one party. If he or she claims to be in immediate danger or that the children you share are in such danger, and his or her claims are believable, a judge can issue an emergency order of protection that keeps you away from your home, your partner’s workplace, your children’s school, and other places where you might interact. The order may even make temporary modifications to your parenting plan and parenting time schedule to reflect the current limitations.

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 Posted on October 20, 2016 in Child Custody

In today’s world, it is relatively easy to pick up and move to a new city or state in search of a better life. It is possible to look for jobs and places to live over the internet, making such moves far less risky than in previous generations. When you share parental responsibilities of your child, however, and you want your child to go with you when you move, the process may become quite a bit more complicated.

Geographical Limitations

Illinois law provides that a parent with half or more of the parenting time with his or her child who wishes to move with the child may do so freely within a specific distance from the current residence. If that distance is exceeded, the moving parent must notify the other parent and obtain his or her permission to continue the move. This type of move is known under the law as a relocation and requires the modification of the parents’ existing parenting plan to account for the new distance between the child and the other parent.

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 Posted on October 18, 2016 in Child Custody

When two parents share a child, how they work together before, during, and after a divorce or other child-related legal matters can have a significant impact on the entire family. For example, high conflict between the parents creates stress for both sides. It can also make the child feel as though they are caught in the middle, which may lead to a host of emotional and behavioral issues. In contrast, parents who work together and put an emphasis on successful co-parenting are more likely to reap benefits. As a result, their children are bound to experience positive effects as well.

What Does It Mean to Successfully Co-Parent?

Because each family is unique, successful co-parenting may likely look different from one to the next. However, they are going to have a lot of things in common. They have clear boundaries that clarify what each parent is responsible for, but they are also willing to be flexible when circumstances change. They discuss changes in a way that works for them – be it over the phone, through email, or in person – and they do so respectfully. Further, they do not attempt to manipulate one another, or their child, for their own personal gain. Instead, they recognize the other parent’s importance in their child’s life.

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 Posted on October 04, 2016 in Domestic Violence

October is domestic violence awareness month, and while it may not seem that reminders are necessary, the numbers seem to suggest otherwise. Every minute, on average, 20 Americans are abused by an intimate partner. At some point in their lives, one in three women and one in four men have been or will be the victim of violence at the hands of a partner. Every day, nationwide domestic violence hotlines report more than 20,000 calls for help. The sad reality is that nearly as many calls should be going to law enforcement as well, but, in many situations, victims of domestic violence are afraid to call the police because, until recently, local laws allowed such callers to be evicted for calling too often.

Nuisance Laws

It is understandable that nobody wants to live in a dangerous neighborhood. Communities and municipalities, for their part, would rather project an image of safety and order. Police cars constantly on the street responding to calls do not help present an idyllic residential area. With this in mind, many such communities enacted so-called “nuisance laws” which allowed residents to be essentially punished in some way if the police were called to that location too many times. Landlords could face fines, and tenants could ultimately be evicted based on too-frequent police calls to a particular home.

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 Posted on September 30, 2016 in Mediation and Collaborative Law

No matter the circumstances, divorce is a life-altering experience. It will be a piece of who you are for the rest of your life. Luckily, it does not have to be an awful experience full of courtroom drama and all that goes into divorce litigation. Other options exist for you and your ex-spouse to have an amicable divorce, including collaborative law and mediation. Both of these choices offer benefits unavailable through traditional divorce options.

Mediation

Rather than enduring a lengthy, financially draining divorce litigation trial, there is an option to complete the divorcing process outside of a courtroom. Mediation is one useful alternative. Rather than having two separate attorneys and meeting in front of a judge who will then make all of the decisions, in this alternative, you retain control of the situation. You meet with a hired third-party, the mediator, to discuss the issues at hand to determine a resolution that works best for both of you. The outcomes are enforceable similarly to any other written contract. In addition, there is still the option to go to a judge for the unresolvable issues. Benefits of this option include:

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 Posted on September 20, 2016 in Division of Assets

Divorce among the Baby Boomer generation is more common now than ever before. According to the National Center for Family and Marriage Research, divorces among married couples 50 and over doubled from 1990 to 2014. Over the same period, divorces among couples 65 and older tripled. Divorce among older couples has its unique challenges. One important issue that older divorcees face is divvying up retirement accounts. Older Americans have a smaller window to earn after they divorce, so retirement accounts are a commonly fought over topic.

How Is Retirement Split Up?

Regardless of who saved more, retirement accounts are often split 50-50 when a couple divorces. Attorneys say that in a large majority of divorce cases, retirement accounts are considered marital property, and funds that were saved up to support one household must be divided to support two individuals. “There are a number of people who say ‘I have socked away every month and I do not see why I have to divide it with my spouse,” says Joslin Davis, president of the American Academy of Matrimonial Lawyers. “The law says ‘too bad.’”

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 Posted on September 13, 2016 in Divorce

Social media is great, but sites like Facebook and Instagram do have their downsides. Social media impacts marriages and divorce in a number of ways. In fact, according to a 2010 survey from the American Academy of Matrimonial Lawyers, over 80 percent of divorce lawyers reported seeing an increase of social media sources being present in divorce cases. How exactly does social media impact marriages? Here are just a few ways social media can harm your marriage and potentially lead to divorce.

Hidden Conversations

It is important to be honest and open with your spouse about your social networking activities. Having an active Facebook page, for example, is totally normal. Having secret conversations with a past romantic partner on Facebook, however, crosses a line that may impact your marriage. Even if nothing is going on, the secrecy can damage your relationship. Great marriages are built on trust, so it is important that any social media activity does not damage the trust in your relationship.

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 Posted on September 08, 2016 in Child Custody

Do grandparents have a legal right to visitation of their grandchildren in Illinois? Grandparents' rights vary from state to state. Some states do automatically give grandparents and other close relatives visitation rights. Others, including Illinois, consider grandchild visitation a privilege rather than a right. So what does this mean? Prior to 2005, grandparents had no legal option in Illinois to pursue visitation rights. Fortunately, Illinois lawmakers recognized that grandparents do play a significant role in my children’s lives, and changes to the law were made. Now, grandparents who are being denied visitation time can petition an Illinois court to grant them visitation rights.

Obtaining Visitation Rights

Due to the fact that grandparent visitation is considered a privilege in Illinois, grandparents being denied visitation by the child’s parents must petition a court where their grandchild resides to grant visitation rights. To do so, certain criteria must be met. The grandparents need to prove that the child is harmed in some way - physically, mentally, or emotionally - by being denied access to their grandparents. Interested grandparents must be able to prove that they have been denied visitation to an unreasonable extreme by one of the child’s parents

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 Posted on September 06, 2016 in Mediation and Collaborative Law

Many divorcing couples choose mediation over a typical litigated divorce. It is a beneficial alternative for many reasons - mediation allows both parties more control over their divorce, it protects couples’ privacy, and it can be a faster and more cost-effective divorce method when compared to litigated divorce. Mediation, while growing in popularity, is often misunderstood. Many couples shy away from choosing mediation because of the many myths and misconceptions surrounding the process. Mediation is truly a worthwhile option to consider despite the misunderstandings of how it works.

My Spouse and I Fight Too Much for Mediation to Work

Each divorce is unique, and mediation is certainly not an option for everybody. Cases involving domestic abuse, or hidden assets, for example, are not ideal for mediation. That said, most divorces can be handled completely by mediation. Many couples believe that they fight too much to pursue mediation, but this simply is not true. A mediator’s job is to keep both parties productive and on topic. Divorce mediators have experience working with conflicted parties, and they know how to get results. There is no risk in trying mediation either. If arguing keeps the two parties from discussing their divorce, they can always pursue a more traditional route.

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