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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 Posted on September 23, 2015 in Hidden Assets

When a marriage begins to fall apart, one spouse may attempt to hide assets and other sources of income to avoid splitting these assets in a divorce settlement or may want to attempt to lower a future child support or spousal support obligation. Illinois law, however, requires judges to equitably divide marital property in divorce settlements. Therefore, if one spouse hides marital property, a court ordered division of marital property will not be equitable.

The Discovery Process

Sometimes, a spouse may know that an asset exists and notices that it is missing from the other spouse's financial disclosures. Or, a spouse may only suspect that an asset is missing. In divorce cases, the law allows both instances to go through the discovery process-a process where both sides ask for certain information.

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 Posted on September 18, 2015 in Family Law

On January 1, 2016, sweeping changes to the way family law works in Illinois will take effect. The changes will affect everyone who has a divorce or child custody case in the state. Because same-sex marriage is relatively new in Illinois, many wonder if the changes to the family law statutes will have any impact on same-sex marriages in the state.

Status of Same-Sex Marriage in Illinois

who has a divorce or child custody case in the state. Because same-sex marriage is relatively new in Illinois, many wonder if the changes to the family law statutes will have any impact on same-sex marriages in the state.

Status of Same-Sex Marriage in Illinois

Same-sex marriage has been legal throughout Illinois since June 1, 2014. While marriage is usually regulated solely by the states, the U.S. Supreme Court made it clear earlier in 2015 that no state could prevent same-sex couples from obtaining a marriage license solely because their gender or sexual orientation.

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 Posted on September 11, 2015 in Paternity

After a child is born, there are any number of things to think about. Parents need to decide on a name, add the child to health insurance, decide whether or not they will be stay-at-home parents, and go about caring for a newborn. For unmarried parents, an additional step they have to consider is establishing paternity.

What Is Paternity?

Paternity, which is also known as parentage in Illinois, is an established legal relationship between a father and a child. Paternity can be established in a number of ways. Paternity is assumed if:

insurance, decide whether or not they will be stay-at-home parents, and go about caring for a newborn. For unmarried parents, an additional step they have to consider is establishing paternity.

What Is Paternity?

Paternity, which is also known as parentage in Illinois, is an established legal relationship between a father and a child. Paternity can be established in a number of ways. Paternity is assumed if:

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 Posted on September 08, 2015 in Divorce

Considering divorce proceedings as contentious is common. For some people, the entire proceeding is adversarial, from filing for divorce to property division. For others, both parties are in agreement that the marriage is not working and have reached a mutual decision to divorce. While parties may disagree on various particulars of a settlement, such as property division, alimony, or child custody, those parties are able to work together to address the issues outside of court and are able to bring their agreement before a judge.

How Does That Work?

In an uncontested divorce, the parties agree to the grounds for a divorce, and are able to come to an agreement on the terms of the settlement. The agreements are generally reached through the parties' attorneys, who are able to work with the parties individually to explain their rights, the law, and what their outcome might be if they are unable to reach an agreement and go before the court for resolution.

divorce to property division. For others, both parties are in agreement that the marriage is not working and have reached a mutual decision to divorce. While parties may disagree on various particulars of a settlement, such as property division, alimony, or child custody, those parties are able to work together to address the issues outside of court and are able to bring their agreement before a judge.

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 Posted on September 04, 2015 in Child Custody

Child custody is one of the most difficult issues to deal with, even after a court has entered a formal custody order. In Illinois, it is always possible to ask the court to change a custody order, but getting a judge to agree to make a change is difficult. A change to a court order is called a modification. The steps required to successfully get a modification of a child custody order depend on how long the present order has been in place.

Requirements for Requesting a Modification

Under normal circumstances, when you ask for a modification, you must establish that at least two years have passed since the last custody order was signed and that there has been a change of circumstances. The change of circumstances means a change in the circumstances in the life of the child, the parent with the residential custody (sometimes called the primary residential parent) or the parent without residential custody (or the non-residential parent).

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 Posted on September 02, 2015 in Family Law

The 2016 Illinois child custody laws could affect your family situation if you do not have a preexisting parenting agreement. Under Senate Bill 57, rather than making custody determinations, the court makes decisions based on "allocation of parental responsibilities." One or both parents are chosen to be responsible for a child's education, health, religion, and extracurricular activities.

The 2016 Illinois child custody laws could affect your family situation if you do not have a preexisting parenting agreement. Under Senate Bill 57, rather than making custody determinations, the court makes decisions based on "allocation of parental responsibilities." One or both parents are chosen to be responsible for a child's education, health, religion, and extracurricular activities.

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