Posted on July 16, 2015 in Divorce

Marriage is a right enjoyed by millions of Americans. Many young people look forward to the day when they will get married, and thanks to a recent Supreme Court decision, the right is now available to more United States citizens than ever. Unfortunately, not all marriages remain "happily ever after," and many marriages end in divorce. In Illinois, there are a number of grounds based on which someone can petition a court to dissolve his or her marriage.

Fault-Based Grounds for Divorce

Illinois law provides for both no-fault and fault-based divorce; no-fault divorce requires the parties to be separated for at least two years prior to the divorce. Those seeking a fault-based divorce in Illinois generally do not have to be separated for two years before divorcing, but need to file based one of the statutory "grounds," or reasons, for asking the court to dissolve the marriage. According to Illinois law, there are roughly 10 grounds that can form the basis for a divorce in which one of the spouses was at-fault.

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 Posted on July 14, 2015 in Family Law

If someone is in a dangerous relationship or is a victim of domestic violence, their primary concern is making sure that they and their children are safe. There are many ways to achieve safety, and one option available for victims to achieve safety is through the use of an order of protection.

What is an Order of Protection?

Orders of protection are court orders that protect victims of domestic violence by placing limits on the behavior of abusers; an abuser who violates an order of protection can be arrested for the violation, as well as liable for civil contempt.

Who Can Get Orders of Protection?

It is important to note that not every person who is a victim of domestic violence can get an order of protection. The Illinois statute limits eligibility for orders of protection to family or household members, but the definition of "family or household members" is fairly broad. Family or household members include:

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 Posted on July 09, 2015 in Child Custody

Navigating custody and visitation after divorce can be difficult. A family often needs time to get used to a new structure and a new way of interacting with each other. While it can be challenging for parents to learn how to co-parent under this new familial arrangement, it can also be challenging for children to adapt. Sometimes, children reject visitation or custody arrangements - they refuse to leave one parent or stay with the other.

Children Fight Visitation or Custody

There are many reasons why children might be unwilling to see or spend time with a parent. Children might be more comfortable staying in the family home or staying in a home that is closer to friends or other family. They might be anxious about leaving a parent that is the primary caretaker, or anxious about spending time with both parents if there has been open conflict or hostility between parents during separation and divorce.

It can be difficult to determine the reason behind a child's refusal or reluctance to spend time with a parent, and it can be a practical challenge to both parents as well. A parent with whom a child is refusing to spend time might be confused and concerned about why their child will not see them; they do not want to force their child to see them but do not want to lose the relationship either. On the other side, a parent of a child who is refusing to see the other parent is stuck between supporting their child and worrying about adhering to court orders or binding agreements.

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 Posted on July 07, 2015 in Family Law

When people consider planning for property division in advance of a separation or divorce, they generally consider prenuptial agreements. However, while The Wall Street Journal has reported an increase in prenuptial agreements since 2010, not all couples take that step before marriage. Couples who decided against a prenuptial agreement but had circumstances change or just wished that they had written down certain income or asset protections have the option of signing a postnuptial agreement.

Prenuptial Agreements vs. Postnuptial Agreements

Prenuptial and postnuptial agreements are appropriate for couples in the same circumstances: individuals with significant premarital assets, couples with significantly different net worth, individuals with business interests, and parents with children from previous relationships. The main difference between the two types of agreements is the time at which they take place. Prenuptial agreements are signed prior to marriage, while postnuptial agreements are signed after the couple has already married.

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 Posted on June 17, 2015 in Divorce

During a divorce, it is important to be partnered with a knowledgeable divorce attorney who understands and is able to meet his or her client's needs. People and situations differ, so every divorce must be approached as a distinct situation.

Every Client Relationship Is Unique

Attorneys and their clients typically engage in a working business relationship, but are also connected on a more personal level. The majority of divorce attorneys are well-versed in the different types of divorce cases, but clients should always ensure that the lawyer they are considering has had experience with their particular scenario.

Clients should opt for divorce attorney versus general attorneys who handle divorce cases from time to time. The right attorney will have an in-depth understanding of state divorce laws as well as a working relationship with the family court judges in the district.

Personality Fit Matters

Commonality is also important; individuals should seek out attorneys who share their approach to the divorce, whether that be aggressive, passive, or somewhere in between. If there is no common ground, the working relationship can deteriorate. Initial consultations are a great time to get to know different attorneys and gain a sense of how they operate. Having a personal connection can also lead to a successful relationship and subsequent representation.

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 Posted on April 28, 2014 in Divorce

Section 504 of the Illinois Marriage and Dissolution of Marriage Act prescribes the criteria for the award of maintenance. Maintenance, formerly known as alimony is designed to rehabilitate the recipient and to provide support so that the recipient may obtain necessary training or education which in theory will enable the recipient to support himself or herself in the future.

Several adjectives have been used to describe the nature/type of maintenance being awarded. How maintenance is characterized is very important, especially in the process of modification of its terms.

Know whether the maintenance payments are tax deductible by the payor. If so, they will also be included in the adjusted gross income of the recipient for tax purposes.

Be careful to designate the time period over which the maintenance is to be paid.

Make certain you include language to indicate that the maintenance will terminate upon the death of either party, the remarriage of the recipient or the assumption of a resident continuing conjugal relationship known as cohabitation on the part of the recipient.

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 Posted on April 22, 2014 in Family Law

The Illinois Domestic Violence Act was signed into law in 1983. Commonly referred to as the IDVA, it was designed and enacted to prevent physical abuse, threats of violence or force, harassment, and various forms of interference with personal liberties. One must share a relationship with the perpetrator of domestic abuse, such as marriage, or having a child in common, or living in the same household or having a current or former dating relationship to qualify for relief under the IDVA.

Once a Petition for Order of Protection is submitted to the Court, emergency relief may be awarded. Emergency relief may, in some circumstances, be obtained without notifying the perpetrator of an intention to obtain such relief. Emergency relief under the Illinois Domestic Violence Act may include an order preventing further physical abuse, telephone or personal contact, presenting oneself at the Petitioner's place of work, church or school, denying access to a residence or apartment shared with the Petitioner, and/or preventing the removal of children from the custody of the Petitioner and/or the surrender of the Respondent's FOID card and any firearms. An Emergency Order of Protection cannot be of a duration in excess of 21 days.

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