Posted on August 31,2018 in Divorce

A couple may decide to end their marriage for any number of reasons. In some situations, the spouses may have different philosophies regarding money or parenting strategies. In other cases, one partner could have destructive tendencies such as an inclination to be unfaithful or a history of physical or emotional abuse. Regardless of what drives a wedge between married spouses, the law in Illinois only permits a divorce on the no-fault grounds of irreconcilable differences.

A Modern Approach for Modern Families

For many years, Illinois law allowed either spouse to seek a divorce on about a dozen separate grounds. All but of one these were so-called “fault grounds,” which meant that if certain negative or destructive behaviors could be proven, the guilty spouse would be “at fault” for the divorce. Fault grounds included things like infidelity, repeated abuse, abandonment, substance abuse, and others.

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 Posted on August 17,2018 in Child Custody

The greater Chicago region is full of opportunities for the people who call the area home. With relatively little effort, you could find a new home or a new career very quickly, which might allow you to significantly improve your circumstances. Such opportunities are especially valuable following a major life change such as a divorce. If you have children, however, and are subject to the provisions of a court-approved parenting plan, there are some steps you may need to take before you go anywhere.

Moving to a New Home

If your parenting plan gives you the majority of the parenting time with your child, one of your primary responsibilities is to ensure your child has the appropriate opportunities to spend time with his or her other parent. Children fare much better in the wake of a divorce when both parents remain an active part of the children’s lives, and you have a role to play in making that a reality. You cannot control whether the other parent actually exercises his or her rights regarding your child, but you must avoid making things more difficult than necessary.

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 Posted on August 06,2018 in Divorce

Most of us are familiar with the concept of “staying in a marriage for the children.” There is a good chance that you know at least one couple whose happy marriage ended long ago but who have stayed together solely because they did not want to make life difficult for their children. If this describes your own marriage, however, you should be aware that a tense, hostile home environment is often considered to be worse for children than managing a divorce between their parents. While it may seem counterintuitive, your situation could be one in which it might be best to divorce “for the children.”

Ending a Bad Situation

Just as there are many ways to create a happy family situation, there are many ways in which a home environment could become unhealthy. Parents who do not get along with one another often build up walls and cut themselves off emotionally—and, in many cases, physically. This behavior can lead to distant relationships with not only their spouse but with their kids as well.

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 Posted on August 03,2018 in Child Support

If you are a divorced, separated, or unmarried parent, you most likely recognize the importance of financially supporting your child. No matter what drove you and the other parent apart—if you were ever really together—you have a responsibility to provide for the child. While the state cannot legislate your moral obligations in participating in your child’s life, it can enforce your financial obligations. In most cases, your child support requirements will end once your child turns 18 and graduates high school, but if your child suffers from a disability, your situation could be dramatically different.

Defining Disabled

According to Illinois law, a disabled person is one whose physical or mental impairment “substantially limits a major life activity.” Such impairments may include physical handicaps, psychiatric conditions, developmental disorders such as autism and Asperger’s syndrome, and any other condition that could have a direct impact on the individual’s ability to care for himself or herself.

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 Posted on July 24,2018 in Annulments

An annulment or having a marriage invalidated can be a complicated process to understand. Unlike a divorce, an annulment is only available to married people in certain situations. In order to get a marriage annulled, a couple must prove that the marriage occurred under illegitimate circumstances. Another source of confusion about annulments exists because there are religious annulments and civil annulments. Religious annulments are generally granted by clergy or religious leaders and are not recognized by the state. This article will only discuss civil annulments.

What Does an Annulment Accomplish?

Getting a marriage annulled essentially declares the marriage void. If you are granted an annulment in Illinois, the state will “cancel” your marriage and officially state that the marriage was never valid. Illinois annulments, technically called "judgments of invalidity," are not very common and are only granted if the couple meets certain requirements.

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 Posted on July 18,2018 in Domestic Violence

When you hear the terms “domestic abuse” and “domestic violence,” it is likely that you picture physical acts such as punching, slapping, shaking, or choking. Or, maybe you envision the effects of such abuse—bruises, a black eye, or a broken wrist. While these are certainly appropriate images for you to associate with domestic violence, domestic abuse refers to more than just physical actions. Psychological and emotional abuse can be just as devastating as physical violence, and those who emotionally abuse their loved ones must be held accountable for their behavior.

Recognizing the Signs of Emotional Abuse

Virtually all couples have arguments on occasion—and some may even get loud and ugly. Partners may yell and say hurtful things to one another, but this is not necessarily abusive. It becomes abuse when one spouse tries to exercise control over the other through such behavior. Rather than using actual or threatened physical violence, an emotional abuser uses words—including insults, lies, and partial truths—as weapons.

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 Posted on July 13,2018 in Child Custody

Warmer temperatures finally seem to be here to stay, and the school year will soon be ending. School-aged children throughout Northern Illinois are already looking forward to fewer responsibilities and more freedom. For their part, many parents may also be ready for days in the sun and away from school-related activities. Summertime, however, can be challenging for divorced, separated, or unmarried parents who share parental responsibilities with their former partner. Increased freedom for the children means an increased need for communication and cooperation between their parents.

Be Self-Aware

If you are subject to a shared parenting plan or child custody order, it is important to be objective about your reality and what options you may have. For example, if you have a contentious relationship with your former spouse (or the other parent), you may not be able to communicate easily and offer concessions to one another. In such a situation, you might need to have your summer schedule prepared well in advance and approved formally by the court.

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 Posted on July 13,2018 in Child Custody

If you are involved in a dispute with your former spouse or partner over issues related to your shared children, you know how challenging the situation can be. Child-related legal matters are among the most difficult in any area of the law. Disagreements over parental responsibilities and parenting time—which used to collectively be called child custody—can disrupt not only your life but the lives of your child as well.

According to Illinois law, family court judges have the authority to appoint a specially-trained attorney to help during a child-related dispute. The attorney may serve in one of three capacities: attorney for the child, child representative, and guardian ad litem. Of the three, the role of guardian ad litem is the most common.

What Does a Guardian ad Litem Do?

A guardian ad litem, or GAL, essentially serves as the eyes and ears of the court when a child-related legal matter is in dispute. The GAL has the authority to conduct an investigation into the lives of both parents, the child, and any other relevant parties. As part of the investigation, the GAL may interview individuals, review court records and other documents, and visit homes, schools, and other locations. The GAL will use the gathered information to develop a recommendation regarding what he or she believes to be the best possible outcome of the case in question for the child.

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 Posted on July 13,2018 in Division of Assets

Imagine this scenario: You and your husband have decided to divorce. You assume that there is a certain amount of money in the savings account but are not following the balance closely. You eventually realize that your soon-to-be-ex-husband has spent nearly all the family savings on expensive gifts and vacations for a mistress. You had planned on receiving some of those savings in the final divorce judgment, but now they are gone. Fortunately, in the state of Illinois, there is a legal process for reclaiming money that was wasted by a spouse before assets could be divided in a divorce.

The Legal Definition of Dissipation of Assets

According to Illinois law, there are specific criteria someone must meet in order to be considered guilty of dissipation. The Illinois Marriage and Dissolution of Marriage Act defines dissipation as “the use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time that the marriage is undergoing an irretrievable breakdown.” Some incorrectly assume that marital property only refers to mixed assets, but generally any debt, asset, or income accumulated by either party during the marriage is considered marital property. Separate property refers to non-marital property and includes things like gifts, inheritance, and property acquired before the marriage. The phrase “irretrievable breakdown” simply means that the couple has reached a point where they are no longer trying to stay together.

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 Posted on July 13,2018 in Divorce

Regardless of what else it may represent, a divorce is technically a civil legal action between two parties that is intended to dissolve the marital contract between them. While this definition of a divorce may seem cold and unfeeling, it is important to separate the legal concerns of the process from those that are more personal or emotional. With that in mind, many individuals who are considering a divorce often wonder if it is important to beat their spouses to the proverbial punch. Does it matter who files the petition for divorce? The answer is not definitively clear.

Divorce as a Legal Action

In most civil legal proceedings, there are clear lines between the opposing sides. On one side, there is the plaintiff, or claimant, who initiates the legal action—usually by filing some type of complaint and request for relief. The defendant, or respondent, is the one against whom the complaint is made. Usually, the defendant is accused of having done something wrong or not have done something he or she was supposed to do. The purpose of the action to hold the defendant accountable for his or her actions or inaction and to make the plaintiff whole again, at least to the extent that it is possible.

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