Posted on November 04, 2015 in Child Custody

When Different States are Involved, Who Has Jurisdiction?

Families are becoming more global and less tied down to one city, or even one state. When a couple with children decides to end their relationship, an already emotional process can become even more complex.

Sometimes parents live in different states, or even different countries, and they both desire custody of their child. Illinois has passed the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to help regulate these issues. The UCCJEA has also been passed by all of the other states in the United States.

Only one court at a time can have jurisdiction-the authority to hear a court case. The UCCJEA has a framework to help judges decide which court is the best place to move forward. Typically, the court where a child physically lives will have jurisdiction; however, there are several exceptions that are designed to prevent a parent from just taking a child and running to a place that the parent perceives to be friendlier. When dealing with interstate custody matters, it is important to act quickly and to obtain reliable advice.

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 Posted on November 02, 2015 in Divorce

A divorce can be an emotional roller coaster. Not only are you officially ending a relationship, but you may also be fighting for your financial future and the future of your children. Therefore, before you file for divorce in Illinois, you will need to be prepared.

Planning Ahead

If you are planning on filing for divorce or you believe your spouse is planning to file, you will need to gather as many financial documents as you can. Important documents include bank statements, the last three years of your tax returns, statements for any retirement accounts, and any statements for debts.

Collecting this information will help your lawyer understand what the financial picture looks like and will give you an advantage when it comes time to filing for the divorce or when responding to your spouse's petition. Additionally, if you are no longer living with your spouse, try and acquire his or her address. This will make serving the divorce paperwork easier.

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 Posted on October 30, 2015 in Domestic Violence

Domestic violence continues to be a serious issue all across the United States, including in Illinois. One of the ways the state has tried to address these problems is through the Illinois Domestic Violence Act. This law established a way for victims to get orders of protection, also called restraining orders, issued from the courts to help keep abusers away from victims and the victim's children. However, the system is far from perfect. Sometimes orders are issued when there has been no domestic violence. Protective orders can have serious consequences during a divorce.

What to Do Once You Have Been Served

Often the first you ever hear about a protective order is when you are served a copy of the order. While suddenly finding out you have been accused of abuse can be upsetting, it is important that you comply with the order right away.

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 Posted on October 28, 2015 in Family Law

After a divorce or child custody case has ended, the real struggle is often just beginning. Parenting timeissues are among the most common reasons family law cases end up back in court. However, when parents are able to work out parenting time differences, their child's life and their own will be less stressful, and additional finances will not be spent going back to court.

Types of Parenting Issues

Life is often much more complicated than a simple parenting plan can anticipate. When a child is sick, or has a school obligation, what happens to the other parent's parenting time? Life for both adults and children is so full that rescheduling parenting time can be difficult.

Another common issue has to do with different parenting styles. One parent may enforce much more discipline than the other. Or, the parent who has the child more frequently may feel resentful that the other parent spoils his or her child. These issues do not have to end up back in court. Parents who are no longer together must realize that because they have children they will always have some relationship with their ex. However, everyone is better off when parents work together to resolve their differences.

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 Posted on October 23, 2015 in Family Law

Illinois allows for postnuptial agreements to help simplify divorces and promote settled solutions to family law issues. A postnuptial agreement is similar to a prenuptial agreement, only it is entered into after a couple is married.

The Purpose of Postnuptial Agreements

Postnuptial agreements are legal contracts. Like prenuptial agreements, the parties agree ahead of time what would happen to the marital property and spousal support should the couple get divorced. These agreements save the couple the costs and emotional turmoil of litigating a divorce, and it frees up court resources.

Postnuptial agreements can also help simplify the process of figuring out what is marital property and what remains separate property.

Dangers of a Postnuptial Agreement

While postnuptial agreements can work to help both spouses, there are risks to entering into one. Because postnuptial agreements are legal contracts, a spouse cannot later simply try and back out of one because they didn't read or understand the document.

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 Posted on October 21, 2015 in Divorce

Sometimes, the most valuable asset in a divorce is one that is the hardest to divide, without destroying its value. Retirement accounts such as IRAs, 401(k)s, and pensions are governed by a combination of state and federal laws. Often, there are major tax consequences for early withdrawals from these plans. If the correct formalities are not followed, accounts can be rendered worthless, or one spouse could end up with nothing-even if the account was marital property.

What You Do Not Know Can Hurt You

For generations, state and federal lawmakers have worked hard to protect the retirement accounts of workers. A detailed set of regulations and guidelines have developed that control in regards to how plans may be split in cases of divorce. Many times a special order is required-a Qualified Domestic Relations Order (QDRO). A QDRO must be signed by a judge before any changes can be made to the way a retirement plan pays out the benefits.

If a QDRO is not implemented, or is improperly implemented, it can result in benefits not being distributed in the way the parties agreed or as a judge ordered. Additionally, there can be disastrous tax consequences.

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 Posted on October 16, 2015 in Domestic Violence

Domestic violence is a serious issue in our society. Often the issues that are behind violence in the home simmer for years. When a marriage breaks down there is always a lot of emotion and tension in the process. When there has been domestic violence, the situation is even more volatile. Domestic violence drastically impacts the divorce process.

What Does a Protective Order Do?

Illinois provides a way for victims of domestic violence to get a court order to keep their abuser from coming back into the home. This is commonly called a restraining order, but is legally called a protective order. There are three different types of orders. To qualify for a protective order the victim must have been harassed, injured, threatened, or unlawfully restrained by a family or household member.

Under the law a family or household member must be one of the following to the victim:

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 Posted on October 14, 2015 in Divorce

Once a divorce decree or dissolution of marriage has been issued, courts do not like to modify any of the provisions, especially provisions having to do with property division. However, the law does allow for modifications in some instances.

There are three major issues in a divorce: property division; custody and parenting time; and support. If your spouse lied during the divorce proceedings, you may be able to go back and ask the court for a modification of the order.

Modifications

If you are seeking a modification, you have the burden of first proving to the court that your case qualifies to be considered for a modification. There are different standards for a modification of a parenting time order than for a modification of a property division order.

Once the court agrees to hear your case, you will have to persuade the court that it should make the modification. Judges do not like to make changes for small issues. Even if your spouse lied during the last round of proceedings, it will be up to you to show the judge why the earlier lie was not discovered sooner and why it should impact the case now.

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 Posted on October 09, 2015 in Paternity

Paternity is not always a straightforward process. If someone is found to be the father of a child they will have the duty to pay child support, and will probably have the right to have regular parenting time with the child. Whatever side of the case you are on, you need to understand what happens in paternity cases.

How Paternity Can Be Established

Usually being a father is a matter of biology. But, sometimes who the father of a child is not clear. Under Illinois law you are considered the legal father of a child if:

• You were married to the mother at the time of conception;
• You signed a voluntary acknowledgement of paternity;
• You legally adopted a child; or
• You were found to be the father in a court paternity case.

When you sign a voluntary acknowledgment of paternity, you only have 60 days after it is signed and notarized to try and rescind it. After that, it cannot be changed, even if a DNA test later shows you not to be the biological father.

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 Posted on October 07, 2015 in Divorce

High conflict and multiple contested issues may cause divorcing parties to want to conduct depositions-a part of the discovery process-in a divorce case.

Depositions often dramatically affect the outcome of a divorce case. If you are involved a deposition, you will be sworn in and you must answer the questions asked by the lawyer for the other side.

Deposition Basics

When you testify in a deposition, you are under oath, just the same as if you were in open court. A court reporter is often present. Also, the deposition may be recorded with audio and/or video. Therefore, if you later testify at the trial about something differently than you stated in your deposition, the other side can point out the discrepancy.

Most people are nervous about having their deposition taken. This is natural. However, answering questions clearly and accurately is easier when you are calm. Additionally, it is important to answer the questions you are asked. Give brief, but complete, answers. If a lawyer wants more information, then he or she will ask another question. It is not your job in a deposition to give a lawyer what you think he or she wants to hear. It is your job to tell the truth and to only answer the questions you are asked.

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