Posted on August 27, 2021 in Family Law

Grandparents commonly share a special bond with their grandchildren and cherish the time they spend together. In some cases, the grandparents play a significant role in raising their grandchildren. Unfortunately, due to circumstances such as messy divorces, hostile child custody disputes, and spiteful ex-spouses, this relationship may diminish or be completely terminated. If a grandparent believes that the discontinuation of the relationship is not in the best interest of the child, they have the right to petition for visitation in court.

Grandparents’ Burden Of Proof

Illinois law permits a variety of relatives to petition for the visitation rights of a child, including grandparents and adult siblings. The time grandparents are allowed to spend with their grandchildren without a parent’s presence is referred to as grandparent visitation rights. The visitation rights may include activities such as overnight visits, weekend visits, and short vacations. Grandparent visitation rights, however, are not automatic and may be denied by a parent.

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 Posted on August 16, 2021 in Divorce

While each divorce is unique, most divorces are incredibly stressful and frustrating. As divorces have been a cultural norm in our society, we are seeing an increasing number of later in life divorces, also known as grey divorces. Gray divorces are similar in nature to divorces that occur earlier in life, however, they often are met with unique obstacles that only arise from decades of marriage. Men and women considering divorce over the age of 50 should know what to expect as they begin to start this new chapter and be well prepared for the necessary changes.

Causes of Late-Life Divorce

Significant changes in laws and societal norms have allowed for a much smoother divorce process. This is substantially relevant for couples who belong to older generations who may have previously feared that their divorce would lead to rejection from their peers. While it is certainly possible that a late-life divorce is caused by the same issues as a couple divorcing in their 30s, divorces for older couples come with their own characteristics and consequences.

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 Posted on August 09, 2021 in Paternity

All children are entitled to their parents’ support, including but not limited to financial, emotional, mental, and physical support. No matter the parents’ legal relationship or either parent’s age, no child should be denied the opportunity for a parent-child relationship. It is a shared duty of the parents and the child to establish paternity, which is the legal acknowledgment of the father and child relationship. In general, this is a straightforward process. However, in some cases, paternity is not determined so easily and may require the assistance of the courts and an experienced family law attorney.

Benefits of Establishing Paternity

Determining a child’s paternity can be extremely gratifying for all parties involved. When paternity is established, the father gains visitation rights allowing them to become involved in their child’s life.

A child can significantly benefit when the establishment of paternity leads to an increased standard of living. Coupled with the opportunity to form a meaningful relationship with their father, the child can benefit from any possible child support payments, the father’s medical insurance coverage, and any future inheritance. Additionally, when paternity is determined, the child will be able to fully access their family’s medical history.

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 Posted on July 27, 2021 in Divorce

Substance abuse is one of the most common reasons why couples get divorced. When one spouse suffers from addiction, it can affect his or her ability to keep a job and take care of the children. If your spouse is addicted to drugs or alcohol, the divorce process can become more complicated. As such, it is important to learn about your rights and prepare for the divorce process in advance. An experienced divorce lawyer can help you understand how substance abuse may impact your divorce case.

How Substance Abuse Can Affect a Divorce

Illinois is a no-fault state. To get divorced in Illinois, you must only show that you and your spouse have “irreconcilable differences” and can no longer make the marriage work. However, if one spouse has a substance abuse problem, it could impact divorce proceedings. If you and your spouse, for example, have children together, you may not want your spouse to have a significant portion of the parental responsibilities or parenting time. Being addicted to drugs or alcohol can make it more difficult to provide children with a stable and safe environment. You may doubt your spouse’s ability to care for your child and keep him or her safe.

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 Posted on July 08, 2021 in Divorce

A divorce can be a very stressful ordeal, so it is understandable that you want to get it over with as soon as possible. A divorce can take anywhere from a few months to several years to finalize, depending on your individual circumstances. The good news is that you can take steps to accelerate the process. An experienced divorce lawyer can help you explore all of your legal options and choose the course of action that will expedite the divorce process as much as possible.

How to Hasten the Divorce Process

No one wants to go through the divorce process longer than they have to. Here are a few ways to move the process along.

• Educate yourself about the latest divorce laws. Before you even file for divorce, you should learn about the various divorce laws in Illinois. For example, you can ask for a divorce in Illinois if you and your spouse have lived in the state for at least 90 days and been legally separated for at least six months.

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 Posted on June 30, 2021 in Divorce

We love our pets in this country. It is estimated that there are more than 76 million companion pets living in American households. For most of us, our pets are not simply “pets,” but they are part of our family. But what happens when a couple who has one or more furry family members decide to divorce? As a DuPage County divorce attorney can explain, custody of pets can get just as contentious as custody of children in an Illinois divorce.

Illinois Pet Custody Laws

Until a few years ago, Illinois family law judges viewed pets in a divorce as property and treated the decision as to where the pet would live the same way they decided who would get the fine china or ATV. In 2018, lawmakers addressed this issue and changed the Illinois Marriage and Dissolution of Marriage Act (IMDMA) about how judges could address this issue.

The first change in the law was now referring to pets as “companion animals.” Keep in mind, however, companion animals are entirely separate from service animals. If a spouse has a service animal, as defined in the Illinois Human Care for Animals Act, that service animal is not included in the divorce settlement.

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 Posted on June 25, 2021 in Child Custody

In divorce and family law cases involving children, it is usually assumed that both parents will continue to play an active role in their children’s lives. Parents will need to work together to provide for their children’s needs, and as part of their divorce decree or child custody order, they will be required to create a parenting plan. This document will set down all of the decisions that are made about how parents will share custody of their children, and it will be a legally binding court order that they will both be required to follow. By understanding the issues addressed in their parenting plan, parents can ensure that they know their rights and responsibilities toward their children.

Allocation of Parental Responsibilities

Some of the key issues that a parenting plan will address will involve the parents’ responsibilities in making decisions about how their children will be raised. Illinois law specifies that parents may divide or share decision-making responsibilities in the areas of education, healthcare, religion, and extracurricular activities. In many cases, parents will share these responsibilities equally, but depending on the roles that each parent has played when making decisions for their children in the past and the parents’ ability to work together to make these decisions, different areas of responsibility may be allocated solely or primarily to one parent.

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 Posted on June 10, 2021 in Divorce

When a couple decides to get married, they usually need to plan what type of wedding they will have. Will it be big or small, fancy or simple, expensive or inexpensive? When a couple decides to divorce, there is similar planning that may need to take place. Will the divorce be a costly one, drawn out with lots of disagreements and court hearings or will they be able to keep it fairly simple and inexpensive by working through issues together without the need for litigation?

Financial Issues in Divorce

Getting a divorce is expensive. Not only are there court and attorney fees to contend with, but in many cases, each spouse is going from living in a two-income household to a one-income household. Depending on living arrangements made after the split, at least one of the spouses has moved out of the family home into a new residence and has to purchase new furniture and necessary household items.

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 Posted on May 25, 2021 in Divorce

There is no denying that divorce will have a financial impact on most couples. Even if the divorce is a “friendly” one without disagreements about how the marital estate should be divided, each spouse will still have to adjust to going from a two-income household to a one-income home. Keeping that in mind, there are certain steps you can take to help alleviate some of that financial pressure and ensure you are prepared once the divorce process is complete.

How Much Money Do You and Your Spouse Have?

While this may seem like an obvious question, many spouses do not know the answer to that question, especially if the other spouse is the one who handled all the family finances. Make sure you know exactly how much you have in checking and saving accounts, retirement accounts, and any other financial accounts you have. It is also important to know how much marital debt you have, so find out the balance for any mortgages and equity loans, vehicle loans, credit card bills, etc.

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 Posted on May 18, 2021 in Child Custody

Summer is right around the corner and many people are planning their vacations. After a year spent in pandemic lockdowns and away from loved ones, widespread vaccinations and the lifting of COVID-19 regulations in many states means that many families are looking forward to visiting grandparents and traveling to destinations to just have fun again. While children often look forward to these trips, divorced parents sometimes suffer angst over them. The thought of their ex-spouse taking their child to another state – or even another country – can cause a great deal of anxiety, especially if the relationship between the parents is a contentious one.

In most parenting time situations, how one parent chooses to spend their parenting time with their child does not need to be approved by the other parent. However, if a parent wants to take the child out of state or out of the country, the parent is required to let the co-parent know of the plans and provide details about the trip.

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