Posted on October 02, 2018 in Domestic Violence

Domestic violence continues to plague millions of families throughout Illinois and around the country. Each year, an estimated 10 million women and men are subjected to physical abuse at the hands of an intimate partner, which averages to a shocking 20 per minute in the United States. According to the law in Illinois, domestic violence extends well beyond physical abuse, as the term also includes harassment, stalking, intimidation, and other forms of emotional and mental exploitation.

For many victims, filing for an order of protection is the first step toward seeking help and escaping an abusive situation. In Illinois, there are three types of orders of protection, and it is important to know how they each work.

Emergency Order of Protection

As the name implies, an emergency order of protection can provide immediate relief for a person who has been the victim of domestic violence or is afraid of becoming a victim. An emergency order of protection can be granted based solely on the sworn testimony of the victim if the court is convinced that the person is truly in danger or suffering emotional distress. The alleged abuser does not need to be notified in advance, nor is he or she required to appear. An emergency order can last for up to 21 days, enough time for a hearing to be scheduled regarding a more permanent solution.

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 Posted on September 26, 2018 in Child Custody

There is little question about the difficulty of parenting after a divorce, separation, or break-up. If you have been given significantly less parenting time than your child’s other parent, maintaining a meaningful relationship with your child can be even more challenging. But, what happens if the other parent convinces the court to restrict or limit your parenting time even further? An experienced family law attorney can help you understand what options you may have and work with you in taking the steps to restore your parental rights.

Grounds for the Restriction of Parenting Time

The governing principle of Illinois family law regarding children and parenting responsibilities is always to serve the child’s best interests. In doing so, the court begins with the presumption that active participation by both parents is best for the child, and, therefore, will allocate parenting time to each parent based on the family’s circumstances. Your parenting time cannot be restricted unless the other parent can show, by a preponderance of the evidence, that your behavior or lifestyle seriously endangers your child. These dangers can be to child’s mental, moral, or physical health, as well as to his or her emotional development.

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 Posted on September 19, 2018 in Divorce

Despite the inherent difficulties, most couples headed for a divorce are able to maintain a reasonable level of civility and personal responsibility. In some cases, on the other hand, the divorcing parties may be prone to making decisions that can negatively impact the proceedings. From a financial perspective, this may include wasting or dissipating marital assets, either out of spite or due to an attitude of apathy regarding the situation. Sadly, however, the emotional nature of divorce may also lead to accusations that are unfounded, so if your spouse has filed a groundless claim for dissipation, you will need to know how to protect yourself.

What is Dissipation?

Dissipation, according to the law, is the wasting or inappropriate spending of a marital asset during or subsequent to the irretrievable breakdown of a marriage. The problem with dissipating assets is that doing so can directly impact many of the financial considerations of the divorce process. Spousal maintenance, property distribution, and child support are all dependent upon the assets, resources, and income of the interested parties. Wasted assets are, if not addressed and repaid, may not be taken into account as required, potentially tainting the outcome.

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 Posted on September 13, 2018 in Child Custody

In 2016, sweeping reforms were made to the family law statutes in the state of Illinois. One of the most notable changes was the elimination of the old idea of child custody and the introduction of a new way of thinking. This new approach is called the “allocation of parental responsibilities,” and it focuses in a positive way on how each parent will contribute to raising their children in the wake of a divorce or breakup.

Understanding Parenting Plans

Today, parents who are involved in a divorce—or, in fact, any proceedings that address the allocation of parental responsibilities—are expected by law to create a written parenting plan proposal. This expectation is set forth in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The IMDMA recognizes that an agreement between the parents is almost always preferable to litigation in the courtroom, so parents are statutorily encouraged to develop a workable agreement if at all possible. The parenting plan agreement must address a number of required concerns, including but not limited to:

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 Posted on September 05, 2018 in Divorce

Divorce has long been linked with a variety of health effects. Increased stress and anxiety, for example, are common during and immediately following the divorce process, which, in some cases, can evolve into full-blown depression. In other situations, a divorce offers an escape from a bad marriage, allowing a once-trapped spouse to experience a renewed sense of freedom and hope—resulting in overall better personal health. It turns out, however, that divorce could be affecting women differently than it does men, at least in terms of heart health. According to a recent study, women who were divorced had a higher risk of suffering from heart attacks than divorced men, who had to go through a second divorce before their heart attack risk increases.

The study, which was published in the medical journal Circulation: Cardiovascular Quality and Outcomes, was conducted by researchers from the Duke Clinical Research Institute at Duke University. The team analyzed data gathered from more than 15,000 participants between the years 1992 and 2010. Each participant was between the ages of 45 and 80 and had been married at least once. At the beginning of the study, 14 percent of the men and 19 percent of the women were divorced. Eighteen years later, more than 35 percent of the entire group had been divorced at least once.

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 Posted on August 31, 2018 in Divorce

A couple may decide to end their marriage for any number of reasons. In some situations, the spouses may have different philosophies regarding money or parenting strategies. In other cases, one partner could have destructive tendencies such as an inclination to be unfaithful or a history of physical or emotional abuse. Regardless of what drives a wedge between married spouses, the law in Illinois only permits a divorce on the no-fault grounds of irreconcilable differences.

A Modern Approach for Modern Families

For many years, Illinois law allowed either spouse to seek a divorce on about a dozen separate grounds. All but of one these were so-called “fault grounds,” which meant that if certain negative or destructive behaviors could be proven, the guilty spouse would be “at fault” for the divorce. Fault grounds included things like infidelity, repeated abuse, abandonment, substance abuse, and others.

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 Posted on August 17, 2018 in Child Custody

The greater Chicago region is full of opportunities for the people who call the area home. With relatively little effort, you could find a new home or a new career very quickly, which might allow you to significantly improve your circumstances. Such opportunities are especially valuable following a major life change such as a divorce. If you have children, however, and are subject to the provisions of a court-approved parenting plan, there are some steps you may need to take before you go anywhere.

Moving to a New Home

If your parenting plan gives you the majority of the parenting time with your child, one of your primary responsibilities is to ensure your child has the appropriate opportunities to spend time with his or her other parent. Children fare much better in the wake of a divorce when both parents remain an active part of the children’s lives, and you have a role to play in making that a reality. You cannot control whether the other parent actually exercises his or her rights regarding your child, but you must avoid making things more difficult than necessary.

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 Posted on August 06, 2018 in Divorce

Most of us are familiar with the concept of “staying in a marriage for the children.” There is a good chance that you know at least one couple whose happy marriage ended long ago but who have stayed together solely because they did not want to make life difficult for their children. If this describes your own marriage, however, you should be aware that a tense, hostile home environment is often considered to be worse for children than managing a divorce between their parents. While it may seem counterintuitive, your situation could be one in which it might be best to divorce “for the children.”

Ending a Bad Situation

Just as there are many ways to create a happy family situation, there are many ways in which a home environment could become unhealthy. Parents who do not get along with one another often build up walls and cut themselves off emotionally—and, in many cases, physically. This behavior can lead to distant relationships with not only their spouse but with their kids as well.

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 Posted on August 03, 2018 in Child Support

If you are a divorced, separated, or unmarried parent, you most likely recognize the importance of financially supporting your child. No matter what drove you and the other parent apart—if you were ever really together—you have a responsibility to provide for the child. While the state cannot legislate your moral obligations in participating in your child’s life, it can enforce your financial obligations. In most cases, your child support requirements will end once your child turns 18 and graduates high school, but if your child suffers from a disability, your situation could be dramatically different.

Defining Disabled

According to Illinois law, a disabled person is one whose physical or mental impairment “substantially limits a major life activity.” Such impairments may include physical handicaps, psychiatric conditions, developmental disorders such as autism and Asperger’s syndrome, and any other condition that could have a direct impact on the individual’s ability to care for himself or herself.

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 Posted on July 24, 2018 in Annulments

An annulment or having a marriage invalidated can be a complicated process to understand. Unlike a divorce, an annulment is only available to married people in certain situations. In order to get a marriage annulled, a couple must prove that the marriage occurred under illegitimate circumstances. Another source of confusion about annulments exists because there are religious annulments and civil annulments. Religious annulments are generally granted by clergy or religious leaders and are not recognized by the state. This article will only discuss civil annulments.

What Does an Annulment Accomplish?

Getting a marriage annulled essentially declares the marriage void. If you are granted an annulment in Illinois, the state will “cancel” your marriage and officially state that the marriage was never valid. Illinois annulments, technically called "judgments of invalidity," are not very common and are only granted if the couple meets certain requirements.

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