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 11, 2016 in College Expenses

America has long been known as a land of opportunity. Every person, regardless of their birth status or socioeconomic class, has avenues available through which great personal and financial success may be realized. For many, these opportunities begin with an education, first in elementary and high school, then in college, graduate school and beyond. Over the last several decades, however, the costs associated with a post-high school education have continued to rise, which has created serious difficulties for many would-be students. Some, as you might expect, turn to their parents for help, but many parents are unable or unwilling to provide financial assistance. When parents say no, however, does the child have the right to try to force the issue?

Confusion Regarding Divorced Parents

You may have seen or read information about an Illinois law that can require divorced parents to contribute toward their child’s college education. The law does, in fact, exist. It is a provision of the Illinois Marriage and Dissolution of Marriage Act that addresses support for a non-minor child for educational expenses. The statute allows the court to order one or both divorced parents to assist with specific costs related to the child’s post-high school education.

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 Posted on October 06, 2016 in Family Law

“The best interests of the child” is one of the most common phrases in the realm of family law. A child’s well-being, of course, should remain among the top priorities in proceedings for divorce, allocation of parental responsibilities, parenting time, non-parent visitation, and adoption. The challenge, however, is that determining what exactly constitutes a child’s best interests is open to interpretation. As such, each parent may fully believe that they are acting in their child’s best interests yet hold vastly different objectives regarding the outcome of the case.

Helping the Process

When you and your child’s other parent cannot agree on a parenting plan or other arrangements regarding your child, the court is likely to offer several options. To start with, you may be required to participate in court-ordered mediation designed to help you and the other parent reach an agreement with the help of a third-party mediator. Mediation, however, is only possible in situations where both parties are willing and able to work constructively with one another.

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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 27, 2016 in Annulments

There are different ways to end your marriage, whether it is on a temporary or a permanent basis. Depending on your situation, annulment, legal separation, and divorce are all options that may be available to you, or that you may be interested in pursuing. Only an experienced family law attorney can assist you in evaluating your situation and determining the best course of action in your case.

Annulment

Under an Illinois law, what is commonly referred to as an annulment is called a declaration of invalidity of marriage. This is a court order that makes a marriage invalid. There are four reasons under Illinois law that you can get your marriage annulled:

• One spouse could not consent to the marriage due to mental disability, influence of drugs or alcohol, force, duress, or fraud;
• One spouse is unable to have sexual intercourse, and the other spouse did not know that at the time of the marriage;

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 Posted on September 22, 2016 in Child Support

Illinois law sets forth specific guidelines for calculating child support obligations following a divorce. Under these guidelines, a child support award is based on a percentage of a non-custodial parent’s “net income” and the number of children for whom he or she is responsible. Unless the court makes specific findings that application of the guidelines would be inappropriate under the circumstances of a particular case, based on the best interest of the child, the court must utilize the guidelines in ordering child support.

Defining Net Income

Illinois law defines a parent’s net income as all income from all sources, minus various deductions. These deductions include federal and state income taxes, Social Security, mandatory retirement contributions, union dues, insurance premiums, other support or maintenance obligations, and other reasonable and necessary expenses. One type of income, however, that has been difficult for Illinois courts to interpret, is gifts and substantial loans to a parent from his or her family members. For instance, according to a parent’s paycheck stubs and income tax returns, a spouse may have very little net income. However, if the parent is the recipient of thousands of dollars from his parents or other relatives, then the parent may very well have a larger net income than it initially appears.

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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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