Posted on December 06, 2016 in Child Custody

December is a month full of religious holidays and cultural celebrations. Of course, you can hardly go anywhere after Thanksgiving without seeing decorations traditionally associated with Christmas, regardless of one’s religious affiliation, as Christmas has become as much a secular tradition as a religious one. (The debate about this is a topic for another time and place). This year, December 25 also marks the beginning of the Jewish celebration of Hanukkah, which lasts until the first of the new year. Along with these well-known traditions, many in the United States also celebrate Mawlid al-Nabi—a tradition honored by certain groups of Muslims—and Kwanzaa, which honors the heritage of African-Americans.

The choice to celebrate and honor certain holidays is a very personal one, and one that should be made freely by each individual. The issue becomes more complex, however, when divorced, separated, or unmarried parents must make such decisions for their child. If you are a parent in such a situation, it is time to start making holiday parenting decisions.

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 Posted on November 29, 2016 in Child Custody

For the most part, parents have a pretty good understanding of what is best for their children. As a child gets older, the dynamic may change a little, but a parent has a lifetime’s worth of experiences to draw upon, often giving him or her insight into how the world works and how to keep their child safe. Over time, of course, the child will develop strong feelings and philosophies of his or her own, and while they may be at odds with those of his or her parent, they are still valid—especially if they have been formed on the basis of education and rational thought. While the issue of a child’s independence may be one that every family deals with at some point, it can be even more prominent in proceedings regarding parental responsibilities, parenting time, relocation, or a stepparent adoption.

Parental Responsibilities

According to Illinois law, when a court is tasked with making a decision regarding the allocation of parental responsibilities—formerly known as child custody—many factors must be taken into account. The court must consider the relationship of each parent with the child, the resources and abilities of each parent, and how each parent is equipped to handle child-raising responsibilities. The law also requires the court to consider the wishes of the child as one of the contributing factors. The child will not automatically get what he or she wants, but, depending on the child’s age, maturity, and ability to recognize the gravity of the situation, the child’s opinion could be significant in the court’s decision.

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 Posted on November 24, 2016 in Divorce

According to a new study, the divorce rate in America is at a 40-year low. There is one exception, however. Couples reaching the age of retirement have a rate that is nearly double what it was just two decades ago. What is the reason for this trend, and what does it mean for the Baby Boomer generation?

Divorce Rates Compared – Older Americans versus Middle-Aged and Younger Americans

Back in 1980, divorce reached an all-time high of 23 divorces per 1,000 married women. Fast forward a little more than 30 years, where the rates have been on a slow but steady decline. In 2014, it was 17.6 per 1,000 women, and the 2015 rates were even lower – 16.9 per 1,000 women. That brings the overall divorce rate to a 40-year low. However, the rate of divorce has been on a sharp increase among older Americans – the Baby Boomers who grew up in a very different era.

When the Baby Boomers were younger, families were culturally expected to stay together regardless of hardships, and many did so to benefit their children. Now, with the kids grown and retirement fast approaching, many are realizing that they do not want to live what is left of their life with the same person. The longer lifespan, improved health in the later years, and better financial stability for women (one of the first generations to work outside the home) are all thought to contribute to the desire to live life to its fullest during the retirement years. Unfortunately, there are some potential pitfalls to divorcing at this stage.

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 Posted on November 22, 2016 in Domestic Violence

Statistics indicate that some 50 percent of all restraining orders issued in the United States do not involve any form of physical violence. Furthermore, an estimated 70 percent of all orders are thought to be trivial or false. Yet these false, trivial, and non-physical restraining orders have the same consequences for the accused as those related to true, significant, and violent acts. Learn how you can legally fight back and avoid these common mistakes.

Doing Nothing

If the restraining order was taken out against you under false pretenses by someone that you do not care to see again, it may be tempting to just leave the matter be. This is actually a pretty big mistake. An issuance of a restraining order can impact other areas of your life. You may be unable to see other family members, could be kept from your children, may be barred from obtaining certain professional licenses, and may even have the order used against you in a family law case. Never ignore a restraining order, no matter how trivial it may seem.

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 Posted on November 17, 2016 in Division of Assets

We all have different opinions about how money should be spent and how we prioritize various considerations in our lives. When a couple gets married, they must find a way to reconcile their differing views so they can live within their means without undue stress and disagreement in financial matters. When a marriage breaks down, however, each spouse’s economic habits may become an issue, especially if that spouse is spending marital funds on his or her own interests. According to Illinois law, a spouse who wastes marital assets on purposes unrelated to the marriage may be required to pay some or all of the money back to the marital estate during a divorce.

Knowing the Law

If you are going through a divorce, you have a responsibility to maintain reasonable spending habit so that the marital estate is not negatively affected before it can be divided. By law, in fact, your responsibility begins when your marriage starts to break down. Any assets that you spend, waste, destroy, or devalue inappropriately may be considered dissipated, which could create serious problems in your divorce

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 Posted on November 15, 2016 in Child Support

An order for child support, in most cases, will terminate when the child turns 18, or, if he or she is still attending high school, when the child turns 19. There are, however, situations in which a parent’s responsibility for support payments may continue even once the child has legally become an adult. One such scenario is that in which the child is mentally or physically disabled. Either or both parents may be required to contribute to the support of their disabled child for as long as the court deems necessary.

Legal Definitions

According to the Illinois Marriage and Dissolution of Marriage Act, a disabled person—at least for the purposes of continued parental support—is an individual with a “physical or mental impairment that substantially limits a major life activity.” In order to qualify for consideration for non-minor support, the disability must be documented or the person must be reasonably regarded having the disability.

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 Posted on November 10, 2016 in Spousal Maintenance

When you are faced with the prospect of divorce, you are likely to have many questions about the process and how your life will be different in the future. For many individuals, financial questions are often among the most pressing concerns, especially for those who earn substantially more than their partners. If this describes your situation, you may be wondering if you will be required to pay alimony, known as maintenance in Illinois law, to your spouse following your divorce.

Nothing Is Guaranteed

It is common for the average person to assume that a higher-earning spouse is automatically obligated to make support payments to his or her former spouse when their marriage comes to an end. Such is generally the case for child support, but not so for maintenance. The only situation in which maintenance would be presumed is if the spouses agreed in advance in a valid prenuptial or postnuptial agreement. Otherwise, the details of each case must be carefully reviewed before a determination for a spouse’s need will be made.

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 Posted on November 08, 2016 in Family Law

It is not at all uncommon for a couple heading toward to marriage to consider developing a prenuptial agreement to address certain financial and personal concerns in the event of divorce or the death of one spouse. These agreements can provide guidance for just one or two important issues—such as a business interest of one of the parties—or they can be used to cover a wide range of considerations that could arise down the road. Some couples, however, may not realize how helpful a prenuptial agreement can be until after they are have already gotten married. In these situations, interested couples may choose to draft and execute a postnuptial agreement designed to meet their unique needs.

Benefits of a Postnuptial Agreement

Much like a prenuptial agreement, a postnuptial agreement can solidify arrangements for a couple’s property and debts should the marriage end in a divorce. In a postnuptial agreement, certain assets may identified as exempt from the property division process, allowing them to remain the spouse who currently owns them. A postnuptial agreement can also include provisions that require one spouse to pay spousal support to the other, or, conversely, waive both spouses’ rights to request support. Just about the only issues that postnuptial cannot address are the rights of the couple’s children as arrangements for parenting responsibilities and child support cannot be made until they are made necessary by a divorce.

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 Posted on November 03, 2016 in Family Law

A wedding proposal can take many forms. Some are elaborate, carefully planned, and full of romantic surprises; countless examples exist online on various social media sites. Others are relatively quiet, simple, and reflective. There is, however, a unifying element to most proposals: the engagement ring. It is nearly unheard of to pop the question without first spending a significant amount of time—and usually a substantial amount of money—finding the right symbol of your love for your soon-to-be spouse.

While there is obviously much more to preparing for a marriage than simply choosing the right ring—discussing finances, plans for children, and, in many cases, a prenuptial agreement—the choice of ring can show how well a person knows his or her partner. According to a new report from an international jewelry company, engagement ring tastes vary greatly throughout the country and provide an interesting snapshot of what soon-to-be newlyweds find important.

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 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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