Posted on May 28, 2019 in Divorce

Resolving legal issues in family court can be an incredibly stressful experience, and the decisions made will have a major impact on your own life and the lives of your children and other family members. However, by working with an experienced attorney, you can be prepared to address the legal concerns in a divorce or family law case. Here are some tips to help avoid stress during this crucial time:

1. Keep Calm in Court

It is important to remain calm, collected, and professional when in front of a judge. This can sometimes be difficult, since family court usually involves what was once a loving relationship that has now turned sour. Each party is experiencing a variety of emotions, and because of this, tensions can run high. However, it is important to avoid the temptation to lose your cool in court, as any outbursts, displays of anger, or unnecessary comments can have a negative influence on the judge’s decisions. In many cases, it is best to let your attorney speak for you and limit what you say to basic statements of the facts or answers to the judge’s questions.

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 Posted on May 22, 2019 in Family Law

If you have been the victim of abuse by your spouse, you may be considering divorce. However, your primary concern is likely ensuring that you and your children are safe. To protect yourself from your abuser, you can ask a judge for an order of protection. This will not only require the abuser to stop abusive activities, but it may also ensure that they stay away from you and your children, refrain from contacting you in any way, and require them to attend counseling and pay child support. This can provide you with much-needed protection in the steps leading up to divorce as you begin to put permanent solutions in place.  

There are three types of orders of protection in Illinois:

Emergency Order of Protection

This type of order can be used to obtain immediate protection from an abuser. It will go into effect as soon as it is approved by a judge approves, and the alleged abuser (known as the respondent) will be notified and required to follow the terms of the order. The respondent does not need to be present at the hearing where an emergency order is granted. An order will typically last from 14 to 21 days or until a hearing can be held to determine whether further protection is necessary.

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 Posted on May 20, 2019 in Family Law

Whenever children are involved in a legal matter, the law tries to be extra sensitive. If a mother feels she can not properly take care of her infant, she can give it up for adoption. However, in situations in which a mother believes she cannot follow the usual adoption process, she has options under the Illinois Safe Haven Law. For those who are considering adopting a child, it is important to understand how this law may affect their situation.

Origins of the Illinois Safe Haven Law

The Illinois Abandoned Newborn Infant Protection Act (commonly known as the Safe Haven Law) allows a mother to surrender a child anonymously without fear of criminal prosecution or civil liability. Texas was the first state in the U.S. to pass a version of this law in 1999, and Illinois followed two years later. By 2008, all 50 states had a version of the Safe Haven Law, which is often nicknamed the “Baby Moses Law.”

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 Posted on May 14, 2019 in Divorce

Even under the most amicable circumstances, divorce signifies the end of a relationship, and that can be difficult for both parties. Unfortunately, divorce can also bring out the worst in people, especially if one or both parties feel wronged or slighted. To obtain the best results in your divorce, it is important to hire a reputable divorce lawyer to guide you through the legal process.

It is natural to want to do independent work apart from your lawyer to strengthen your case. Especially if your case involves infidelity or financial mismanagement, you may be thinking of using certain spy tactics to obtain hard evidence to use in court. However, this type of spying can be tricky, because some of these tactics are illegal, and evidence that was obtained illegally cannot be used in court. When attempting to uncover information during your divorce, you should speak with an attorney to find out which options are legal to use during your divorce proceedings.

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 Posted on May 13, 2019 in Divorce

Can you blame your divorce on where you live? In most cases, the answer is “no;” divorce and place of residence do not usually correlate. However, if you live in Illinois in any of the ten cities listed below, your likelihood of getting divorced may be higher than for those in some of your neighborhood counties.

According to the U.S. Census Bureau’s American Community Survey, the number of divorced people in Illinois is close to 1,000,000 people. Throughout the United States, there are over 28 million people who are divorced. Note that the census defines “divorced” as people whose divorce has been finalized (not including married couples who are separated) and who have not remarried. Illinois is actually one of the states with the lowest divorce rates; at a rate of 9.7%, it falls below the national divorce rate of 10.9%

In Illinois, the city with the highest divorce rate is East Alton, a village in Madison County. The top 10 cities in Illinois with the highest divorce rates are as follows:

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 Posted on May 07, 2019 in Property Division

Divorce can be difficult for everyone involved. After you make the decision to divorce, you will want to be sure you will have the financial resources you need after completing the divorce process. During the divorce proceedings, you might be tempted to “rip it off like a Band-Aid” and get things over with as soon as possible. While this may seem like an easy strategy, it will not necessarily benefit you, and making decisions too quickly could result in significant financial difficulties in the future. Below are two important tips to keep in mind as you complete the process of dividing marital assets during your divorce.

Know the Liquidity of Your Assets

Liquid assets are assets that can be easily obtained and assessed, such as bank accounts, retirement funds, 401(k)s, etc. Other types of property, like a home or a car, are called illiquid assets, because while their value may be high, it can be a difficult process to sell that property at its actual cash value.

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 Posted on April 29, 2019 in Child Support

Under Illinois law, both parents are obligated to financially support their children. As of July 2017, Illinois uses the income shares method of calculating child support. The income shares formula considers the income of both parents to determine the amount of child support that one parent, the obligor, must pay to the other, the recipient.

 If you are the obligor parent, it is important to make your payments in full and on time. If you are unable to adhere to the terms of your court-ordered child support payment plan, speak with an attorney regarding your options. Non-payment of child support carries significant legal ramifications.

Illinois Penalties for Non-Payment of Child Support

When a person fails to make their child support payments in full and on time, the recipient parent may work with the Division of Child Support Services (DCSS), a branch of the Illinois Department of Healthcare and Family Services, to obtain the money owed. This can come in the form of direct wage deductions, seizure of bank accounts, securing the obligor parent’s tax refunds, and even placing a lien on the obligor parent’s property.

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 Posted on April 26, 2019 in Divorce

When a couple decides that their marriage is no longer healthy, a divorce may be the best option. A divorce can provide a new start and a healthier living situation for yourself and any children involved. However, the divorce process can also be incredibly complicated, particularly when it comes to the division of marital assets such as bank accounts, retirement plans, and investments. To secure your financial security after divorce, the first and most important step you can take is to choose a divorce attorney you can believe in.

Here are three more things to keep in mind to protect your financial security in a divorce.

Avoid Excessive Spending Prior to Divorce

As a couple’s relationship comes to a close, it is entirely common to feel a wide range of emotions. In some cases, the emotions of an impending divorce can prompt reckless spending. According to Illinois state law, when a person spends marital assets for purposes independent of the marriage as the marriage is coming to an inevitable end, this is called dissipation of marital assets. Common forms of dissipation of marital assets include spending money on an affair, intentionally harming shared assets such as a car or family heirlooms, or buying expensive personal items for yourself. Before making any excessive expenditures just before or during the divorce process, speak with an attorney to make sure you understand the impact that such expenditures could have on the division of your marital property.

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 Posted on April 24, 2019 in Divorce

When a couple decides that their marriage is no longer functioning, and they need to pursue a divorce, the impact of their separation will extend beyond the two individuals. In fact, the emotional trauma of a divorce is often felt most strongly by the children involved. When children hear that their parents are going to separate, they tend to have a number of thoughts go through their head, ranging from why the divorce is happening to who they will ultimately live with.

Understanding the impact that a divorce can have on a child, most divorcing parents will put the needs of their children at the top of their priority list. Many parents ultimately decide to share parental responsibilities. If you believe that co-parenting is the right option for your family, speak with a family law professional regarding what to expect in this next chapter of your life.

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 Posted on April 23, 2019 in Divorce

When a couple decides to get married, the thought of separation seems like an impossibility. Yet the rigors of an emotional relationship, raising children, and working full-time can put a strain on any marriage. When a marriage begins to present challenges, most people realize that a marriage takes work and that there will be good times and bad times. But when the bad begins to overwhelm the good, you owe it to yourself and your family to make a change. A divorce can represent an opportunity to start anew and live the type of life that you deserve. If you are considering a divorce, it is time to speak with a legal professional.

Aspects of an Unhealthy Marriage

When a marriage is no longer healthy, it is time to consider a divorce. While the divorce process can seem daunting, removing yourself from a marriage that is no longer working can ultimately be one of the best decisions of your life. Listed below are some of the most common reasons people choose to pursue a divorce from their spouse.

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