Posted on June 23, 2017 in Child Custody

For most parents, losing their children is one of their worst nightmares. If it happens as a result of the actions of your former spouse, it can arguably be worse. Most people think of kidnapping or abduction as a drawn-out, premeditated plan that can span international borders, but in Illinois, the definition is much simpler.

Intent Matters

Illinois law defines child abduction as intentionally or knowingly perpetrating a number of acts designed to hide or keep a child from the other parent with a legal right to parenting time. Some of these include:

• Violating a court-approved parenting plan;
• Refusing to return the child at the conclusion of an established parenting time period;
• Concealing or otherwise obfuscating the child’s whereabouts; or
• Using the threat of physical force to keep the child and the other parent apart.

Continue Reading ››

 Posted on June 21, 2017 in Family Law

Adopting a child is a process that will necessarily be slow, so as to ensure that potential parents are fit to have such a responsibility. However, when the adoption is necessary due to a parent’s remarriage, the process can go noticeably faster, assuming the pattern of required events actually occurs. Stepparent adoption is fairly common in Illinois.

The Procedure

While most adoptions can take quite some time, a “related child” adoption can be quite easy if the child’s other parent consents—a stepchild counts as a related child under the Illinois Adoption Act. The other parent’s consent can be recorded on the relevant form, and your petition will almost always be approved as long as you have completed the other adoption requirements, such as hiring a guardian ad litem and proving you are under no legal disability that would impede your ability to parent. No criminal background check is required for stepparents and certain other relations who seek to adopt, though in a non-related adoption this might conceivably be what holds up the process the most.

Continue Reading ››

 Posted on June 16, 2017 in Divorce

Divorce decrees are not set in stone. It would not be logical or rational for them to be that way, given that lives extend far beyond marriages in many cases. However, not every aspect of a judgment of divorce may be altered (for example, property division may only be challenged if allegations of fraud exist), and those that can be modified require proof that life has changed as well. If you have experienced a change in your life, you may be able to modify some of your divorce-related obligations.

Modifying a Support Order

A person, especially if they are a parent, may not simply ask for a change in obligations like spousal or child support. Illinois law holds that a substantial change in circumstances must be shown before a motion to modify a divorce decree will be considered. In other words, it must be shown to the court that you are no longer able to comply with the original terms of the judgment. While courts wish to enforce their orders, it is not ethical or reasonable for them to demand someone put themselves in an untenable position.

Continue Reading ››

 Posted on June 09, 2017 in Divorce

Almost half of men and women admit to cheating on a significant other at some point in their lives. Infidelity seems to be an epidemic, and evidence of the problem is rampant. Some relationships can bounce back from an incident of infidelity, others, however, cannot recover from the damage done.

If your partner has cheated, how do you know he or she will not do it again? Only those in the relationship can decide if they can weather the storm of infidelity, but there are some questions to consider that may help you find some clarity:

• Has your partner cheated multiple times or is this an isolated incident? Every instance of infidelity is further evidence that your partner will not be able to stop his or her behavior. For some, even one incidence of infidelity is enough to destroy the relationship. Ask yourself, “Is this likely to happen again and is that acceptable to me?”

Continue Reading ››

 Posted on June 07, 2017 in Mediation and Collaborative Law

Divorce is not a time during which one is usually inclined to focus on much besides the legal proceedings you will have to undergo. However, many couples today are choosing to eschew the standard courtroom divorce case in favor of alternative dispute resolution methods like mediation. There can be advantages and disadvantages to each approach.

Advantages of Mediation

The primary motivation many couples cite as a reason for their involvement in mediation is that mediation can be far quicker than a courtroom proceeding. The Illinois court system can be very slow, with some couples waiting as long as five or six months for a court date. By comparison, mediation is available as soon as you and your spouse find a mediator who works well with you. While mediations do require a court appearance to finalize the agreement between you and your spouse, on the whole, the experience is tailored to your timeline rather than the court’s.

Continue Reading ››

 Posted on May 26, 2017 in Child Custody

The National Alliance on Mental Illness (NAMI) estimates one in 25 people in the United States suffer from a serious mental illness. Many of that number are parents, and in Illinois and many other states, mental illness can and does play a role in parenting time determinations. In some cases, parental rights are limited because of a parent’s mental illness. If you are in the middle of a divorce, and you or your spouse is mentally ill, it is imperative to understand the rights of all involved before a custody determination can be made.

The Best Interests of the Child

In Illinois, the primary task before the courts when dealing with parenting time issues is to determine the best interests of the child. Mental illness issues are among the many factors that a family court judge will consider. Some of the others include the wishes of the child (if he or she is old enough for it to be appropriate), allegations or instances of abuse, and the ability of the parents to compromise in order to facilitate parenting time and responsibilities being shared.

Continue Reading ››

 Posted on May 25, 2017 in Divorce

Most divorces in Illinois are begun by petition when one spouse files in the relevant circuit court. When this happens, the next step is usually the discovery process, which means asking each spouse to provide to the other information that may be relevant or important in terms of appropriately handling the case. Discovery can be confusing and may require a knowledgeable legal mind to help you decide how to best get through it.

Depositions

While there are multiple methods by which discovery may be conducted, depositions are among the most common. Depositions are not unlike testifying in court, and indeed, you will almost certainly be under oath to be honest. During a deposition, you will be asked questions and you must provide accurate and complete answers. Depositions can be long, and there is a specific code of conduct in terms of how to get through them. Generally, however, if one shows up on time, tells the truth and makes no attempts to be deceptive in any way, things will go well.

Continue Reading ››

 Posted on May 24, 2017 in Child Custody

Illinois family courts tend to follow guidelines and case precedent when issuing divorce decrees, especially absent any input from the spouses themselves regarding the disposition of issues like parenting time. However, sometimes a parenting plan will need to be modified, and it is important to realize that there are certain requirements that must be followed before a change will be permitted.

Family Court Has Authority

The most important thing to realize going in is that only family courts may make definitive adjustments to divorce decrees. You are welcome to work out an agreement with your ex-spouse regarding parenting time or support, but these agreements do not have the force of law. A court will not abide by them unless you have these unofficial agreements added to your decree. It matters especially if you and your spouse have a tumultuous relationship and one of you is likely to fail to live up to your agreement.

Continue Reading ››

 Posted on May 19, 2017 in Division of Assets

Asset division is by far the most complex part of divorce for many people, and this is only magnified if a family business is involved. In order to get an accurate estimation of a business’s value for purposes of the marital estate, professionals are often utilized. Even after a value is obtained, however, the business can still be a cause of disagreement.

Different Approaches to Valuation

Depending on the nature of the business, its actual worth may be determined by using one of three different methods. The first is simply listing all available assets, including those of physical and intellectual nature and personnel. This is the best approach for companies that are very young—usually those just barely making a profit. The second is the market approach, which is most often used by valuation professionals and involves estimating the future earning potential of a company by its place in the market. The third is referred to as income valuation, and it involves estimating future potential and then adjusting downward to arrive at current values.

Continue Reading ››

 Posted on May 17, 2017 in Divorce

A trend that has become more apparent with each passing year in the last decade is the rising divorce rate for couples over the age of 55. The overall divorce rate in the United States has continued to drop over the last several years, after years of decline, but the rate for seniors has steadily increased. It is important to be able to spot the signs in your own marriage, and if divorce happens, to be able to adjust to it with minimal pain.

Statistics and Trends

The U.S. Census’ American Community Survey reports that since 1990, the so-called “gray divorce” rate has almost tripled, going from one in 10 to approximately 28 percent of recent divorcees being over the age of 55. Given that the nationwide trend has been to stay married, it is worth noting the significant uptick in older couples separating. This is especially true considering that divorce has been linked to potential health issues, financial strain, and other problems that can pose significant risks for those over a certain age.

Continue Reading ››