Posted on August 07,2017 in Divorce

A new study from the University of Alberta and Brigham Young University has confirmed once again that divorce is not always an easy decision. Many individuals change their mind—often more than once—before finally deciding to pursue a divorce or stay in the marriage. During the study, 3,000 Americans were surveyed. About 25% of those surveyed reported that they had considered divorcing their spouse. The same group of people were surveyed one year later. Of those who had considered divorce, about half had changed their mind about divorce and were still with their spouse. Co-author of the study Adam Galovan said that “it isn’t uncommon to think about divorce; even if you think about it, it doesn’t mean you will end up there.”

How Considering Divorce Can Lead to a Stronger Relationship

When we think of couples who are considering divorce, we often assume the that relationship is doomed to fail. This is not always the case. Some couples who start talking about divorce begin to communicate more honestly. They are able to talk about the issues in the relationship in a way that they might not have before divorce was on the table. If the couples separate and one spouse moves out—or even just to a spare bedroom—it can be an eye-opener for both spouses. If a couple is considering divorce. there are obviously serious problems in the relationship. The problems could be infidelity, arguments about finances, disagreements about how to raise children, but that does not mean that the relationship should end.

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 Posted on August 03,2017 in Domestic Violence

Domestic violence is, unfortunately, a constant concern for those in the family court system, as any evidence of wrongdoing must be carefully weighed not only in terms of an acceptable separation agreement but also any acceptable custody arrangement if there are children involved. While abusive parents should not be permitted unlimited or unsupervised access to their children, Illinois courts do prefer to preserve the child’s relationship with both parents if at all possible. This results in a careful balancing of interests.

What Is Abuse?

Illinois defines abuse specifically as “physical punishment, harassment, intimidation of a dependent, or interference with personal liberty or willful deprivation.” Parenting time and the allocation of parental responsibilities, formerly called physical and legal custody, are not automatically granted—especially not to parents with a history of spousal abuse or child abuse. However, Illinois courts tend to favor the idea that children benefit the most when they have both parents in their lives. If need be, judges have no qualms about restricting parenting time or that parent’s ability to make decisions about their children’s well-being, but abuse will only be one factor considered among many.

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 Posted on August 02,2017 in Divorce

The Holmes-Rahe Stress Inventory marks divorce as the second-most stressful life event a person can endure. It is second only to the death of a spouse. Going through a divorce is one of the hardest things a person can endure. A person had dreams of spending their life with someone, and now those dreams have ended. He or she may now be alone and unsure of what to do next. Many of those undergoing a divorce have intense feelings of loneliness, anger, resentment, sadness, and regret. If you are considering divorce or are already in the process of one, there is no magical way to make it less painful but there are steps that experts say can help you keep your emotions in check.

Think With Your Head, Not Your Heart

Jeff Landers, author of Divorce: Think Financially, Not Emotionally: What Women Need to Know About Securing Their Financial Future Before, During, and After Divorce, explains that during a divorce, one must think with their head instead of their heart. Giving into emotions can lead to rash decisions and regret in the future. Family and relationship professionals tend to agree that there are concrete things you can do to keep a cool head during your divorce and avoid letting your emotions get the better of you.

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 Posted on July 31,2017 in Child Custody

If you and your spouse have children, it is safe to say that the allocation of parental responsibilities will be a main focus of your divorce proceedings. Many couples can work out parenting plans on their own, but this is not always possible, especially if you and your soon-to-be ex-spouse have vastly different opinions on parenting. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides a list of what should be included in a parenting plan, and it is a good idea to review them before you begin the process of a divorce.

The Court’s Role

A court will have a certain role in solidifying a parenting plan, even if the couple does the bulk of the work in creating it. For example, a rebuttable presumption exists under the law that both parents are fit and no restrictions on parenting time are necessary. This can be challenged by the court if a preponderance of evidence to the contrary can be shown. Illinois courts generally prefer couples to agree on as much of their divorce agreement as possible without judicial intervention, but Illinois courts also cite the child’s well-being as a top priority.

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 Posted on July 29,2017 in Uncategorized

Getting married, at least in Illinois, requires more than simply a wish to be together. It requires compliance with all the relevant laws, which includes being of legal age and having no impediment that might prevent a valid marriage from going forward. It does happen, though, that many are unaware of some part of the law or are not aware that some characteristic of the bride or groom actually prevents the marriage from being solemnized. Marriages can either be declared void from the beginning, or they can be voided by a court due to alleged wrongdoing.

Void Marriages

In order to marry, a couple must be able to provide proof that they (1) are either of legal age or have their parents’ consent to marry; and (2) know of no legal impediment to the marriage, such as the bride and groom being related within forbidden degrees. A void marriage occurs when one or both of these conditions are not fulfilled Examples might include one spouse being married already to another or the spouses turning out to be cousins. It is also possible to have a marriage declared void (rather than voidable) if one of the spouses is a minor who does not have their parents’ consent to wed.

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 Posted on July 27,2017 in Visitation

In many cases, a family court will be called upon to reach a compromise regarding parenting time between a child’s mother and father. Sometimes, however, a person who is not a biological parent may be entitled to seek visitation rights with the child. Seeking visitation does not necessarily mean it will be granted, and under Illinois law, parents’ decisions regarding visits with their children generally enjoy deference from the courts.

The Decisions of “Fit” Parents

According to the Illinois Marriage and Dissolution of Marriage Act, the state recognizes that a child’s preferred primary caregivers, if they are fit, are the biological parents. The law also allows grandparents (or great-grandparents), stepparents, and siblings to file for visitation if the requirements to do so are met. However, there is a rebuttable presumption that any visitation-related decision made by biological parents with regard to who their children may see is justifiable and will be upheld by the courts.

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 Posted on July 21,2017 in Division of Assets

In many divorce cases, determining how property will be divided is among the most challenging aspects. It can be extremely difficult to decide if who will get what, especially if neither spouse brought substantial property to marriage in the first place. If you are considering a divorce, it is important to know what the law says about dividing your marital property.

Step One: What Is Divisible?

The first step in allocating property in a divorce is to determine what assets or debts are considered part of the marital estate. With very limited exceptions for inheritances and gifts to one spouse, almost any property acquired by either spouse during the marriage is considered marital property and is subject to division. Property that each spouse owned prior to the marriage will generally not be divisible and will remain with the spouse who owned it previously. As with any rule, there are exceptions, but for the most part, if you obtained an asset or debt while you were married, it is part of the marital estate.

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 Posted on July 19,2017 in Spousal Maintenance

In some marriages, one spouse may earn significantly more of income than the other. If this happens, a divorce may leave the lower earning spouse at a disadvantage in terms of being able to make ends meet. In extreme cases, he or she may not be able to even afford a divorce attorney. The state of Illinois generally may provide remedies for situations such as this and may require that the higher earning spouse continue to support his or her counterpart, even in the midst of a divorce.

Why Is This Allowed?

One might wonder why a court can essentially order a higher earning spouse to support the party who makes less money during a divorce. The answer lies in what is referred to as public policy. If a spouse cannot even afford a lawyer to help navigate the divorce process, he or she risks being taken advantage of by the spouse with more financial resources. This, in general, would not promote the common good and, therefore, is frowned upon by Illinois courts.

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 Posted on July 13,2017 in Family Law

Under Illinois law, a child has the right to support from both parents. Sometimes, however, one or both parents effectively choose to abandon their child. When this happens, measures must be taken to ensure the child’s safety and well-being. If the other parent has spouse has abandoned or shown a pattern of disinterest in your child, you may be able to pursue full custodial rights.

Abandonment Need Not Be Malicious

It is important to understand that even with the best of parental intentions, a child may be ruled to have been abandoned if they are left for more than a 24 hour period without the supervision of someone at least 14 years of age. The underlying reason might be in good faith—a parent having to work, for example, and being unable to find alternative child care - but the statute still may criminalize the behavior if enough evidence exists to do so. Regardless of the justification, a potential for harm to the child has been created and may necessitate action

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 Posted on July 10,2017 in Family Law

In the wake of recent political upheavals, it is becoming common to encounter instances when family law questions and concerns acquire an immigration element. Many U.S. citizens hold dual citizenship, or are married to foreign nationals. Their children may also be dual citizens. Given that many issues seem to be unsettled, in terms of the new administration’s policies, it is important to be able to react to ensure your family is protected.

Immigrant Status and Family Law

In theory, immigration law is meant to promote the idea of family unity, but in practice, U.S. immigration law can often separate families of different citizenship. Federal immigration law controls where it exists, but there are many loopholes most often filled by imperfect or inexact state laws that are applied unevenly. For example, a battered spouse may apply under immigration laws to obtain a U visa or status under the Violence Against Women Act (VAWA), but it is state family courts and family law that govern domestic violence cases.

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