Posted on May 26,2017 in Child Custody

The National Alliance on Mental Illness (NAMI) estimates one in 25 people in the United States suffer from a serious mental illness. Many of that number are parents, and in Illinois and many other states, mental illness can and does play a role in parenting time determinations. In some cases, parental rights are limited because of a parent’s mental illness. If you are in the middle of a divorce, and you or your spouse is mentally ill, it is imperative to understand the rights of all involved before a custody determination can be made.

The Best Interests of the Child

In Illinois, the primary task before the courts when dealing with parenting time issues is to determine the best interests of the child. Mental illness issues are among the many factors that a family court judge will consider. Some of the others include the wishes of the child (if he or she is old enough for it to be appropriate), allegations or instances of abuse, and the ability of the parents to compromise in order to facilitate parenting time and responsibilities being shared.

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 Posted on May 25,2017 in Divorce

Most divorces in Illinois are begun by petition when one spouse files in the relevant circuit court. When this happens, the next step is usually the discovery process, which means asking each spouse to provide to the other information that may be relevant or important in terms of appropriately handling the case. Discovery can be confusing and may require a knowledgeable legal mind to help you decide how to best get through it.

Depositions

While there are multiple methods by which discovery may be conducted, depositions are among the most common. Depositions are not unlike testifying in court, and indeed, you will almost certainly be under oath to be honest. During a deposition, you will be asked questions and you must provide accurate and complete answers. Depositions can be long, and there is a specific code of conduct in terms of how to get through them. Generally, however, if one shows up on time, tells the truth and makes no attempts to be deceptive in any way, things will go well.

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 Posted on May 24,2017 in Visitation

Illinois family courts tend to follow guidelines and case precedent when issuing divorce decrees, especially absent any input from the spouses themselves regarding the disposition of issues like parenting time. However, sometimes a parenting plan will need to be modified, and it is important to realize that there are certain requirements that must be followed before a change will be permitted.

Family Court Has Authority

The most important thing to realize going in is that only family courts may make definitive adjustments to divorce decrees. You are welcome to work out an agreement with your ex-spouse regarding parenting time or support, but these agreements do not have the force of law. A court will not abide by them unless you have these unofficial agreements added to your decree. It matters especially if you and your spouse have a tumultuous relationship and one of you is likely to fail to live up to your agreement.

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 Posted on May 19,2017 in Division of Assets

Asset division is by far the most complex part of divorce for many people, and this is only magnified if a family business is involved. In order to get an accurate estimation of a business’s value for purposes of the marital estate, professionals are often utilized. Even after a value is obtained, however, the business can still be a cause of disagreement.

Different Approaches to Valuation

Depending on the nature of the business, its actual worth may be determined by using one of three different methods. The first is simply listing all available assets, including those of physical and intellectual nature and personnel. This is the best approach for companies that are very young—usually those just barely making a profit. The second is the market approach, which is most often used by valuation professionals and involves estimating the future earning potential of a company by its place in the market. The third is referred to as income valuation, and it involves estimating future potential and then adjusting downward to arrive at current values.

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 Posted on May 17,2017 in Divorce

A trend that has become more apparent with each passing year in the last decade is the rising divorce rate for couples over the age of 55. The overall divorce rate in the United States has continued to drop over the last several years, after years of decline, but the rate for seniors has steadily increased. It is important to be able to spot the signs in your own marriage, and if divorce happens, to be able to adjust to it with minimal pain.

Statistics and Trends

The U.S. Census’ American Community Survey reports that since 1990, the so-called “gray divorce” rate has almost tripled, going from one in 10 to approximately 28 percent of recent divorcees being over the age of 55. Given that the nationwide trend has been to stay married, it is worth noting the significant uptick in older couples separating. This is especially true considering that divorce has been linked to potential health issues, financial strain, and other problems that can pose significant risks for those over a certain age.

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 Posted on May 12,2017 in Division of Assets

When you are in the middle of a divorce, property division can always become an issue regardless of how amicable the proceedings have been to that point. Both spouses in a marriage deserve their fair share of the marital assets - though “fair” does not always mean “equal” - but it is not uncommon for one spouse to waste or lose marital assets through profligacy. Known as dissipation, this behavior can have consequences to both spouses. It is generally a good idea to know what dissipation looks like, so you may be able to call it out if necessary.

Legal Definitions

Illinois has actually been one of the leading states in defining what exactly constitutes dissipation, and what the criteria to establish such a thing should be. As far back as 1990, Illinois had a working definition of dissipation from the case of In Re Marriage of O’Neill. Dissipation is not simply waste; it is defined as “the use of marital property by one spouse, for their benefit, for a purpose completely unrelated to the marriage, at a time when the marriage is undergoing an irreversible breakdown.”

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 Posted on May 11,2017 in Visitation

According to a familiar saying, it takes a village to raise a child, and in many families, this spirit is certainly evident. Any number of family and friends may help to raise a child, especially if the child has a single parent or if the parents work multiple jobs to take care of him or her. However, such family members have no legal rights regarding the child except in certain circumstances.

Trends Favor Parents

Illinois is historically a state which has placed a strong premium on children having one or both parents in his or her life, even if there may be a potential safety issue. For example, it is relatively rare for parents to be declared unfit—even those with substance abuse problems. As such, it is not usually deemed optimal to award visitation to anyone besides the parent or parents. However, some grandparents or other family members like aunts, uncles, and siblings may still be granted visitation privileges, especially if the parents surrender custody of their own volition.

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 Posted on April 28,2017 in Family Law

When you are involved in a legal dispute regarding your child, you know how important it is to keep the focus on his or her best interests. That being said, it is often incredibly difficult for parents to separate what they want from what is truly best for the child. It is also common for each parent to have a different opinion about what the child actually needs. If the parents cannot work out their differences and create a reasonable parenting arrangement, the court will be required to make the decisions for them. In some situations, the court may appoint a specially-trained lawyer known as a guardian ad litem to assist with the case.

What Does a Guardian ad Litem Do?

The guardian ad litem, or GAL, in a child-related legal matter, is a lawyer appointed by the court to identify and advocate for the child’s best interests. Despite his or her qualifications as an attorney, the GAL does not formally represent the child. Instead, he or she is tasked by the court with conducting a full investigation into the family’s circumstances and the home environment that each parent offers the child. The investigation normally includes interviews with each parent, the child, and any other relevant individuals, along with an in-depth review of financial records, court transcripts, and all other pertinent documents.

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 Posted on April 26,2017 in Divorce

It is safe to say that a divorce is rarely easy. While some are obviously much more challenging than others, the fact remains that a divorce marks the end of a what was once—in most cases—a union between two people who loved each other a great deal. Of course, severing the bond between you and your spouse is only part of the equation, as the divorce process also requires you to make decisions regarding your property and finances, as well as your children, if you have them. Couples who have accumulated a significant amount of wealth during the marriage—along with those who brought substantial assets into the marriage—may be faced with additional complications along the way.

A Complete Accounting

One of the biggest issues in a high-asset divorce is the possibility that one or both spouses may not be completely forthcoming regarding his or her financial situation. When a couple owns relatively few assets, compiling a list of what you have is fairly easy. It is still possible for a spouse to be deceptive and to hide assets or revenue sources, but doing so typically requires intentional behavior by that party.

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 Posted on April 21,2017 in Child Custody

Throughout the years and perhaps due to the change in family dynamics in our country, Illinois laws regarding child custody and visitation schedules have undergone significant changes. No longer are we in the age of the clear-cut, laid out in black-and-white model of parenting arrangements. Legislators have realized that there is no one-size-fits-all type of custody order. Instead of joint custody or sole custody arrangements, Illinois now uses a more fluid allocation of parental responsibilities. Although transitions such as these are beneficial because they allow the courts to mold a solution suitable for each family, terms become increasingly blurred and challenging for someone unfamiliar with this area of the law. It is not uncommon for questions to arise when determining the best outcome for each child.

The Best Interest of the Child

In every case, courts in Illinois focus on the best interest of the child—even if that is against the guardian's preferences. A judge will take into consideration if someone is unwilling to care for the child, as well as those who do prefer to look after the child. Other factors, however, factors play into consideration. Under Illinois law, at least 15 factors influence the determination of parental control, including:

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