Posted on December 26,2016 in Family Law

In a recent post on this blog, we talked about the role of a guardian ad litem (GAL) and how a GAL is used to help courts make child-related decisions in difficult cases. While many Illinois judges will utilize this option, other are more inclined to appoint a child representative in such cases. A child representative is similar in many ways to a guardian ad litem, but there are a few important differences between the two.

Similarities of a GAL and Child Representative

Like a guardian ad litem, a child representative must be an attorney who has undergone specified training and approved by the county court system to be appointed when needed. Both the GAL and the child representative are given investigative powers to research the circumstances of the case. They are permitted to conduct interviews with the child, both parents, and any other people who may contribute to the case. In addition, both the GAL and child representative may visit the home of each parent and observe the interaction between the parents and the child. Their investigations may also include a review of financial documents, court transcripts, and other items that may impact the court’s decision.

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 Posted on December 22,2016 in Family Law

When you are involved in a particularly difficult child-related legal matter, including the allocation of parental responsibilities, parenting time, adoption, and many others, the court may decide to appoint an attorney to provide very specific assistance. Such an attorney may serve in one of three capacities under Illinois law: as an attorney for the child, a child representative, or a guardian ad litem. The two most common appointments are the child representative and the guardian ad litem. A future post will look more closely at the role of child representative, but if a guardian ad litem is appointed to your case, your cooperation or lack thereof could impact the court’s ultimate decision.

What Does a Guardian ad Litem Do?

A guardian ad litem, or GAL, may only be selected from a list of properly trained and certified attorneys. The GAL does not represent the interests of any party in the case. Instead, he or she works on behalf of the court to identify and promote the best interests of the child in question. Despite his or her training and license to practice law, his or her role is more akin to that of an expert witness hired by the court. (The costs of a GAL may be divided between the parties as the court sees fit.)

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 Posted on December 20,2016 in Divorce

Deciding to end your marriage is one of the most difficult choices that you will ever make. Even if you are absolutely convinced that there are no other options, divorce is not easy. Unfortunately, making the decision is only the beginning, especially if you have children. The way in which you present the reality to them will go a long way in helping them to process and understand what is about to happen. As you prepare to tell your children about your divorce, there are several things you should keep in mind.

Schedule a Time

It is extremely important for you and your spouse to take the conversation with your children very seriously. With that in mind, you should set aside some time to sit down with your children—preferably together—so that you can have their undivided attention. There is no way to know for sure how long the discussion will take, as your children may have many questions or they may have very few questions the first time around. As you and your children sit down to talk, be sure to turn off the television and silence your cell phone so that the focus remains where it belongs.

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 Posted on December 15,2016 in Family Law

According to the Illinois Marriage and Dissolution of Marriage Act, common law marriages are not recognized or considered valid in Illinois. Such unions have been prohibited for more than 100 years, as Illinois was one of the first states to require all couples to obtain licenses to marry so that the marriage could be properly recorded by the state. Since the law against common law marriage took effect in 1905, the state of Illinois and the country as a whole has experienced significant cultural and social evolution, with marriage itself having been redefined in recent years. Despite these changes, a couple who does not utilize the legal avenues to have their relationship recognized will not have the same rights and privileges of those who do.

Comparing Common Law Marriage to Same-Sex Unions

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 Posted on December 13,2016 in Divorce

Divorce attorneys commonly see couples who no longer wish to be married but will not take the necessary steps to get a divorce. This situation can arise when the couple has drifted apart, is living apart, but neither spouse wants to bring up the topic of divorce. Such could also be the case if the couple has agreed to divorce, but neither spouse wants to initiate the process. If you find yourself in somewhere between married and divorced, there are some things you can do to move the process along.

Risks of Staying in Divorce Limbo

Legal and financial professionals advise against staying in divorce limbo for several reasons, including:

• Reduced control over marital property. If your estranged partner suddenly loses a lot of money, it is likely that you are also losing a lot of money. Illinois law recognizes most property acquired during a marriage to be marital property, subject to division in divorce. Living apart does not mean that your marriage has ended, and any financial losses your spouse experiences may affect you as well. Being legally married but not having the close relationship married people typically have means that you could be unaware that marital property is being used in a way that you do not approve;
  

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 Posted on December 08,2016 in Child Custody

In our last post, we talked a little bit about the various religious feasts and celebrations that take place throughout the month of December. As part of that discussion, we looked at some of the ways that divorced parents can encourage their children to experience a wide range of holiday traditions during the winter season. Of course, religion and faith-based concerns are just part of the equation that divorced parents are tasked with solving this time of year. They must also contend with scheduling challenges and make arrangements to spend important holidays with their children in accordance with existing parenting plans.

Check Your Agreement

Illinois law requires a parenting plan to be on file for divorced parents who share responsibilities regarding their children. Parents are free—and encouraged—to cooperatively develop a plan that outlines each party’s authority for decision-making and includes a schedule for when the child will spend time with each parent. Your plan may include specific provisions for important holidays such as Christmas or New Year’s, but it may also permit you and the other parent to negotiate on a year-by-year basis.

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 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.

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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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