Posted on March 24, 2021 in Child Custody

Children are not capable of advocating for themselves the way that adults can. Whenever children are involved in a legal dispute, courts are very concerned with how possible resolutions will affect the children’s well-being. Illinois courts make decisions about child custody, adoption, parental rights, and other child-related issues based on what is in the child’s best interests. To determine what is in the child’s best interests, the court may assign a guardian ad litem (GAL).

The Aim of a Guardian Ad Litem

A GAL is often an attorney, but some GALs are social workers or other types of professionals. The GAL’s job is to investigate the case, gather information about the parents’ relationships with their child, and use this information to make a recommendation to the court about what is in the child’s best interests. The court does not have to follow the GAL’s recommendations, but their opinion does carry substantial weight. GALs are neutral third parties who do not choose one person’s side or represent one of the parties in the dispute. The GAL represents the child’s best interests. Either party in the dispute may request a GAL, or a GAL may be assigned to the case if a judge deems it necessary.

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 Posted on March 17, 2021 in Prenuptial Agreements

Prenuptial agreements are valuable legal tools that can serve a variety of purposes. Unfortunately, many people misunderstand what a prenuptial agreement is and why a spouse would ever want to sign a “prenup.” Some even believe that signing a prenuptial agreement means that a person thinks their marriage is doomed to fail. Fortunately, the misinformation and myths about prenuptial agreements are slowly being replaced by more educated opinions. Research shows that prenuptial agreements are becoming increasingly popular – especially among younger couples. If you are interested in drafting a prenuptial agreement before tying the knot, consider the following tips for bringing up the idea to your partner.

Start Slowly and Do Not Pressure Your Spouse Into an Immediate Answer

If you want to get a prenuptial agreement, but you do not know whether your partner agrees, you may be unsure of how to broach the subject. One tip is to make the conversation as low-pressure and friendly as possible. Pressuring your partner into signing a prenuptial agreement is not only a great way to start an argument, but it may also lead to accusations of coercion, which may cause the document to be invalid.

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 Posted on March 10, 2021 in Division of Assets

Thanks to the COVID-19 pandemic, online shopping is more popular than ever. Shoppers can purchase thousands of dollars of new items with a just few clicks - all from the comfort of their own home. Unfortunately, online shopping can sometimes develop into a full-blown addiction. Studies show that approximately 5-8 percent of Americans suffer from compulsive shopping or shopping addiction. If your spouse is a compulsive shopper, it is essential that you take steps to protect yourself and your finances during divorce.

Shopping Addiction Can Lead to Severe Financial Consequences

When most people hear the terms “addiction” or “addict,” they think of substance abuse or alcoholism. However, shopping addiction is a very real phenomenon that can have devastating implications. Individuals struggling with shopping addiction or compulsive buying disorder often recognize that they are spending much more than they can afford, but they are unable to stop the behavior. They may max out credit cards, sell items of great financial or sentimental value, or even resort to shoplifting to fulfill the compulsion. The financial and personal consequences of shopping addiction can be dramatic.

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 Posted on March 03, 2021 in Child Custody

If you are a parent who is unmarried or getting divorced, you and your child’s other parent will need to determine a child custody arrangement. If you are unable to agree upon child custody terms, the court may intervene and decide for you. Parents have a legal right to spend time with their child and to be involved in major child-related decisions. However, a parent’s rights may be restricted by the court if doing so is in the child’s best interests.

There is a Rebuttable Presumption That Parents Are Fit

The term “fit” is used to describe parents who are willing and capable of providing for their child’s needs and keeping their child safe. Illinois courts assume that parents are fit unless there is sufficient evidence to the contrary. The top priority in any child custody dispute is the child’s safety and well-being. Per Illinois law, Illinois courts can restrict a parent’s child-related rights and authority if the parent has acted in a way that endangered the child or significantly harmed the child’s emotional development.

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 Posted on February 24, 2021 in Division of Assets

Owning your own business can be a rewarding career choice. However, being a business owner can significantly complicate the division of assets during divorce. If you or your spouse own a business, and you want to end your marriage, it is essential that you understand how business ownership is dealt with in an Illinois divorce. An attorney experienced in handling complex divorce cases can provide personalized guidance about your rights and responsibilities regarding business ownership.

Is the Business Considered Marital Property or Non-Marital Property?

When a couple marries, their property and debt usually becomes intermixed. Determining which assets and liabilities belong to the marital estate and which are owned by an individual spouse is often quite complicated. As a general rule, property, including businesses, acquired before the marriage are classified as non-marital property. The spouse who originally owned the asset retains the rights to that asset during divorce. Both spouses have a right to property obtained during the marriage. A non-marital business can become marital property if marital funds were used to finance the business. A business can also become part of the marital estate if the non-owner spouse contributed to the business’s growth or success.

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 Posted on February 17, 2021 in Divorce

Going through a divorce is likely to be one of the most difficult things you ever do. Fortunately, divorce is also an opportunity to start anew and build a better future. There are several things that you can do now to make the divorce process go more smoothly. If you are planning for divorce, these actions will not ensure a pain-free divorce; however, they may help you avoid mistakes that can make the divorce process more difficult than it needs to be.

Tips for Planning for Divorce

If you are planning to end your marriage, but you have not yet filed for divorce, there are many things you can do now to help prevent unnecessary stress and complications. Hiring an attorney who is experienced in handling the divorce issues you will likely encounter is one of the best first steps that you can take. Additionally, it may be a good idea to:

• Take stock of your financial situation. Gather financial documents such as tax returns, bank statements, retirement account statements, and loan documents. Assess the assets and liabilities you and your spouse currently own.

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 Posted on February 10, 2021 in Spousal Maintenance

Alimony refers to financial support that a spouse pays to a financially-dependent spouse after the couple’s divorce. These payments, which are referred to as “spousal maintenance” in Illinois law, are typically awarded when there is a major disparity in income between the spouses. Many spouses require financial support in the form of alimony because they gave up career advancements in favor of homemaking or child-rearing responsibilities. The purpose of spousal maintenance is to place both spouses in financial circumstances similar to what they enjoyed while they were married after they get divorced.

Alimony May Be Temporary, Permanent, or Rehabilitative

Divorce cases can take multiple months or even several years to complete. Some spouses request temporary alimony while the divorce is ongoing. Temporary alimony typically terminates when the divorce is finalized and the spouses become subject to the terms of the final divorce decree.

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 Posted on February 04, 2021 in Domestic Violence

According to the Illinois Coalition Against Domestic Violence, one in three women and one in seven men are victims of domestic violence. Abuse and harassment between family or household members is a problem that many people keep hidden. Sadly, many abusive relationships escalate until the victim is severely injured or even killed. An order of protection is a court order that can help protect a victim from further abuse. However, many domestic violence victims do not obtain this valuable legal protection because they are unsure if the actions of a spouse or family member are considered abuse under Illinois law.

Abuse as Defined by the Illinois Domestic Violence Act

If you or a loved one have been the victim of abuse at the hands of a romantic partner or family member, you should know that there are legal actions you can take to protect yourself. An order of protection may prohibit the perpetrator from coming to your home or workplace, calling or otherwise communicating with you, possessing firearms, and more.

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 Posted on January 27, 2021 in Divorce

If you are like many people thinking about divorce, you probably have little to no experience dealing with the Illinois court system. However, it is important to remember that marriage is a legal union, and undoing that union can be a considerable legal undertaking. Do-it-yourself divorce may initially seem like a good idea. You may be worried about attorneys’ fees, or you may assume that hiring a lawyer will automatically make your situation more contentious. However, many people who decide to take on their divorce without legal assistance soon realize that DIY divorce often causes more problems than it solves. One-size-fits-all solutions are often extremely shortsighted, and they can lead to avoidable financial losses and needless stress.

Divorce Cases Change and Evolve Over Time

Many divorcing spouses still care about their soon-to-be ex and wish to minimize contention as much as possible during the divorce. They may assume that they do not need a lawyer to represent them during the divorce because they are still on good terms with their spouse. Unfortunately, as many divorced people can tell you, the process of ending a marriage can bring out the worst in some people. You are not guaranteed a problem-free divorce simply because the split began amicably.

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 Posted on January 21, 2021 in Mediation and Collaborative Law

To be granted a divorce in Illinois, you and your spouse must decide how to resolve issues like property division, spousal maintenance, child support, and child custody. If you are unable to reach a settlement, your divorce case will go to trial. During divorce litigation, spouses and their respective attorneys present arguments and evidence to the judge. The judge then makes a decision about the unresolved issues on the parties’ behalf. Collaborative divorce, or using collaborative law to settle a divorce, is a relatively new form of alternative dispute resolution. Through collaborative law, you may be able to resolve divorce issues without taking your divorce to trial.

How Can Collaborative Law Help Me Resolve Divorce Issues?

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