Posted on August 25, 2022 in Family Law

Many divorced parents of minor children remarry before their children reach adulthood and move out of the home. And while stepparents, stepsiblings, and the half-brothers and -sisters that come later are a very common feature of American family life, blended families are not without their problems. One of the most difficult parts of putting together children from different families is the inherent differences in opinion between the newly married parents, as well as the children’s parents from previous marriages, regarding how discipline should be handled. 

Nearly all parents agree that children need structure and discipline, but there are widely varied philosophies about what discipline intended to correct unwanted behavior should look like. Some parents spank liberally, while others consider any form of corporal punishment tantamount to child abuse. So what can you do if your ex has remarried and you disagree with your ex’s new partner’s method of disciplining your child when she is at their home? 

Continue Reading ››

 Posted on August 23, 2022 in Divorce

One of the most important parts of filing for divorce is separating your marital assets. While this obviously involves major assets like real estate and vehicle value, it also applies to bank accounts. But if you will eventually be using separate bank accounts anyway, can you simply open a bank account during divorce and transfer money into it from your current joint account? When can you start claiming that your income actually belongs to you, and not your marriage? Read a brief overview of how to begin separating your finances during divorce and then contact an experienced Illinois divorce attorney for more tailored advice. 

Do We Need to Wait for a Court to Start Separating Assets? 

You do not need to wait for a judge’s approval to begin separating your belongings. In fact, you can begin this process well before you even file for divorce. Many couples prefer to resolve all of their issues before even opening a divorce case so they can file for a faster, cheaper uncontested divorce. While it may require the help of a mediator or divorce attorneys to help you negotiate your asset division, you can start whenever you are ready. 

Continue Reading ››

 Posted on August 18, 2022 in Family Law

While fiercely litigated divorces and heated child custody disputes were more common in the past, Illinois family courts today try to ensure all children are provided with opportunities to have warm relationships with both parents. Unless there is a good reason to do otherwise, the assumption is that both parents will be involved in a child’s life. While parents are encouraged to resolve parenting disputes on their own or with the help of a mediator, when a judge does have to get involved, one of the factors she can use to determine whether a parent is suitable to spend time with a child is the nature of the relationship between the child and parent and whether it is psychologically healthy for the child. 

What judges do not want to see is one parent going out of their way to psychologically alienate a child from their other parent. This phenomenon, known as “parental alienation,” is known to cause lasting harm to children and has the potential to permanently damage the relationship between a child and her parent. If you are concerned that your spouse is doing this to your child, it is important to take action as soon as possible. 

Continue Reading ››

 Posted on August 16, 2022 in Family Law

Among all the other important questions an engaged Illinois couple must ask each other is whether they want to sign a prenuptial agreement. Even if a couple feels completely committed to a each other, discussing a prenup can bring up some sticky issues. Is it bad luck to discuss a divorce this early? How much do you really want to share financially? Here are some things to think about as you consider whether a prenup is right for you and your fiancé. 

Potential Benefits of Signing a Prenup

While every couple starts their marriage off on a high note, realistic couples will be aware of nationwide divorce rates. While this should not necessarily scare anyone, it should place a serious tenor on the topic of marriage. Couples should consider the importance of marital commitment in the face of the consequences of getting divorced, especially if one or both spouses suffered in childhood from the stresses of having divorced parents. 

Continue Reading ››

 Posted on August 11, 2022 in Child Custody

With the help of a mediator or collaborative divorce team, most parents can come to an agreement about a parenting plan during their Illinois divorce. But for some families, the presence of domestic violence, substance abuse, or the death of a parent can make negotiating and planning difficult or impossible. 

When parents cannot make decisions in a child’s best interests, a judge will do so. While a judge has to use discretion and good judgement, a “child’s best interests” is not a completely subjective term. Rather, the Illinois legislature gives up at least 15 factors that a judge could consider when making decisions about a child’s well-being. Read on to learn what these are. 

What Factors Are Considered in a Child’s Well-Being in an Illinois Custody Dispute? 

The factors a judge will consider must depend on the circumstances of each case. The child’s age, the parent’s home environment, and the relationship between a child and a non-parent  pursuing custody can affect which factors will be taken into account. The most common things a judge will consider include, but are not limited to: 

Continue Reading ››

 Posted on August 09, 2022 in Family Law

The family has never been as varied or flexible in its structure as it is today. While many families are still made up of the stereotypical two-parent mother-father household, many more families are built from strong, single parents–including people who are successfully co-parenting despite never having been married. If you recently discovered someone is expecting your child, you may be wondering if you have parental rights. Read on to learn more about establishing paternity and custody for fathers who have never been married to their child’s mother. 

Do I Need to Establish Paternity? 

Before you can establish any kind of relationship with your child, you need to be certain that you are considered the child’s legal father. You can do this easily if you are married; by simply signing the Voluntary Acknowledgement of Paternity (VAP) at a hospital, most fathers are given full rights to a child. But if you have never been married to your child’s mother, things are a little different. 

Continue Reading ››

 Posted on August 04, 2022 in Divorce

Even in the most amicable of circumstances, divorce is rarely easy. Yet a couple that is committed to negotiating a divorce settlement peacefully can nearly always do so, especially with the help of a great Illinois divorce attorney-mediator. A mediator is a neutral third party that helps a couple express their priorities, communicate calmly, and focus on achieving mutually satisfying results. If you and your ex can communicate reasonably, here are four issues that mediation can help resolve in your divorce. 

Asset Division

Every divorcing couple must divide their marital assets. A lot is at stake, both financially and personally, when it comes to marital assets; many are of great worth or hold great sentimental value. Honest conversation is essential to figuring out which assets can be traded for others and which need to be sold and the proceeds divided. Illinois is an equitable division state, so spouses have wide leeway to divide their assets flexibly. 

Continue Reading ››

 Posted on August 02, 2022 in Family Law

The idea of having to spend any time with your children under someone else’s supervision can feel humiliating and unfair, especially if the social worker is a supervisor and you are paying for their services. Yet there are parents in Illinois who are ordered to live with supervised parenting time every day, and understanding why this happens and what the court wants to see is essential for getting through this tough time. It is important to remember that supervised parenting time is not necessarily indicative of your skills as a parent and that, with the help of an Illinois parenting time attorney, it is possible to move beyond this stage.

Why Would a Judge Order Supervised Parenting Time?

Judges can order supervised parenting time whenever there is a question about a parent’s fitness or safety with the children in a particular case. In some cases, this concern is justified; other times, it is the result of false accusations made by a parent in the heat of a contentious divorce or custody case. Common reasons that judges might order parenting time include, but are not limited to:

Continue Reading ››

 Posted on July 28, 2022 in Divorce

Over the course of many years, married couples accumulate a lot of stuff - and when it comes time to divorce, all the stuff needs to be divided. Some of a couple’s belongings are easy to remember to include in the marital asset portfolio; bank accounts, investments, and the marital home are obvious items. Other items are easier to overlook but just as important to account for. If you are getting divorced, make sure you meet with an experienced Illinois divorce attorney who can help you make sure you get your fair share of the marital estate. Here are four often overlooked asset classes in divorce. 

Intellectual Property

Intellectual property may not immediately come to mind, but it can make up a significant part of a marital estate. Examples of intellectual property include patents, inventions, books, films, artwork, music, etc. - anything which a spouse produces and makes money from. If the intellectual property was created or acquired during the marriage, it is marital property and subject to valuation and division. 

Continue Reading ››

 Posted on July 26, 2022 in Divorce

Parents often have big plans for their children during summer. Camping, road tripping, and even just going down the block to the swimming pool every day can make wonderful memories, especially for a parent who sees their children less during the school year. While a great parenting plan will account for vacation time during the summer months (and the winter holidays as well), parents who live far away from each other or who have high interpersonal conflict may struggle to be flexible during the holidays. Having a family attorney can help during these challenging moments, as can understanding your options for co-parenting during the holidays. 

Try to Balance Parenting Time

Children whose parents live far away from each other typically benefit from a schedule that allows them to attend school without the interruption of traveling back and forth between parents. Unfortunately, for the parent who has less parenting time during the school year, this can mean missing major portions of a child’s life. Parenting plans are often structured to compensate for this during the summer months, but one potential fallout is that the parent with the children during the school year cannot travel during the summer. If parents can manage, negotiating a different schedule from year to year is acceptable if both parties agree to the changes. 

Continue Reading ››