Posted on November 29, 2016 in Child Custody

For the most part, parents have a pretty good understanding of what is best for their children. As a child gets older, the dynamic may change a little, but a parent has a lifetime’s worth of experiences to draw upon, often giving him or her insight into how the world works and how to keep their child safe. Over time, of course, the child will develop strong feelings and philosophies of his or her own, and while they may be at odds with those of his or her parent, they are still valid—especially if they have been formed on the basis of education and rational thought. While the issue of a child’s independence may be one that every family deals with at some point, it can be even more prominent in proceedings regarding parental responsibilities, parenting time, relocation, or a stepparent adoption.

Parental Responsibilities

According to Illinois law, when a court is tasked with making a decision regarding the allocation of parental responsibilities—formerly known as child custody—many factors must be taken into account. The court must consider the relationship of each parent with the child, the resources and abilities of each parent, and how each parent is equipped to handle child-raising responsibilities. The law also requires the court to consider the wishes of the child as one of the contributing factors. The child will not automatically get what he or she wants, but, depending on the child’s age, maturity, and ability to recognize the gravity of the situation, the child’s opinion could be significant in the court’s decision.

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 Posted on November 24, 2016 in Divorce

According to a new study, the divorce rate in America is at a 40-year low. There is one exception, however. Couples reaching the age of retirement have a rate that is nearly double what it was just two decades ago. What is the reason for this trend, and what does it mean for the Baby Boomer generation?

Divorce Rates Compared – Older Americans versus Middle-Aged and Younger Americans

Back in 1980, divorce reached an all-time high of 23 divorces per 1,000 married women. Fast forward a little more than 30 years, where the rates have been on a slow but steady decline. In 2014, it was 17.6 per 1,000 women, and the 2015 rates were even lower – 16.9 per 1,000 women. That brings the overall divorce rate to a 40-year low. However, the rate of divorce has been on a sharp increase among older Americans – the Baby Boomers who grew up in a very different era.

When the Baby Boomers were younger, families were culturally expected to stay together regardless of hardships, and many did so to benefit their children. Now, with the kids grown and retirement fast approaching, many are realizing that they do not want to live what is left of their life with the same person. The longer lifespan, improved health in the later years, and better financial stability for women (one of the first generations to work outside the home) are all thought to contribute to the desire to live life to its fullest during the retirement years. Unfortunately, there are some potential pitfalls to divorcing at this stage.

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 Posted on November 22, 2016 in Domestic Violence

Statistics indicate that some 50 percent of all restraining orders issued in the United States do not involve any form of physical violence. Furthermore, an estimated 70 percent of all orders are thought to be trivial or false. Yet these false, trivial, and non-physical restraining orders have the same consequences for the accused as those related to true, significant, and violent acts. Learn how you can legally fight back and avoid these common mistakes.

Doing Nothing

If the restraining order was taken out against you under false pretenses by someone that you do not care to see again, it may be tempting to just leave the matter be. This is actually a pretty big mistake. An issuance of a restraining order can impact other areas of your life. You may be unable to see other family members, could be kept from your children, may be barred from obtaining certain professional licenses, and may even have the order used against you in a family law case. Never ignore a restraining order, no matter how trivial it may seem.

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 Posted on November 17, 2016 in Division of Assets

We all have different opinions about how money should be spent and how we prioritize various considerations in our lives. When a couple gets married, they must find a way to reconcile their differing views so they can live within their means without undue stress and disagreement in financial matters. When a marriage breaks down, however, each spouse’s economic habits may become an issue, especially if that spouse is spending marital funds on his or her own interests. According to Illinois law, a spouse who wastes marital assets on purposes unrelated to the marriage may be required to pay some or all of the money back to the marital estate during a divorce.

Knowing the Law

If you are going through a divorce, you have a responsibility to maintain reasonable spending habit so that the marital estate is not negatively affected before it can be divided. By law, in fact, your responsibility begins when your marriage starts to break down. Any assets that you spend, waste, destroy, or devalue inappropriately may be considered dissipated, which could create serious problems in your divorce

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 Posted on November 03, 2016 in Family Law

A wedding proposal can take many forms. Some are elaborate, carefully planned, and full of romantic surprises; countless examples exist online on various social media sites. Others are relatively quiet, simple, and reflective. There is, however, a unifying element to most proposals: the engagement ring. It is nearly unheard of to pop the question without first spending a significant amount of time—and usually a substantial amount of money—finding the right symbol of your love for your soon-to-be spouse.

While there is obviously much more to preparing for a marriage than simply choosing the right ring—discussing finances, plans for children, and, in many cases, a prenuptial agreement—the choice of ring can show how well a person knows his or her partner. According to a new report from an international jewelry company, engagement ring tastes vary greatly throughout the country and provide an interesting snapshot of what soon-to-be newlyweds find important.

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 Posted on October 27, 2016 in Domestic Violence

A few days ago, a post on this blog talked a little about how to deal with an order of protection that has been filed against you. At our law firm, we believe that every person deserves to have their rights and freedoms fully protected as due process takes its course, including in cases related to domestic violence. There is no excuse for inflicting abuse of any kind on a spouse, child, domestic partner, or any other member of a person’s household and family. In recognition of October as Domestic Violence Awareness Month, we would like to take the opportunity to express our support for victims of domestic violence and abuse throughout our region and across the country.

Troubling Statistics

The National Coalition Against Domestic Violence (NCADV) is a non-profit organization dedicated to creating awareness of the scourge of domestic violence on our society. Through educational campaigns and outreach programs, the NCADV works on behalf of victims and survivors, looking for ways to reduce incidents of abuse and make American homes safer for everyone. As part of its efforts, the NCADV is constantly gathering information about domestic violence nationwide and some of the numbers are quite disturbing.

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 Posted on October 25, 2016 in Domestic Violence

In an unfortunately large number of divorce and child-related cases, one party may level unfounded allegations of domestic violence or abuse against the other in an effort to affect the outcome of the proceedings. While such actions may seem to be a frivolous waste of the court’s time, any suggestion of domestic violence must be taken very seriously to ensure the safety of all involved. However, when you are the subject of an order of protection and you have done nothing that can be construed as threatening or dangerous, your life can become very complicated very quickly, and there are some steps to take right away.

Understanding an Emergency Order of Protection

It is important to realize that an emergency order of protection can be issued based solely on the sworn testimony of one party. If he or she claims to be in immediate danger or that the children you share are in such danger, and his or her claims are believable, a judge can issue an emergency order of protection that keeps you away from your home, your partner’s workplace, your children’s school, and other places where you might interact. The order may even make temporary modifications to your parenting plan and parenting time schedule to reflect the current limitations.

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 Posted on October 20, 2016 in Child Custody

In today’s world, it is relatively easy to pick up and move to a new city or state in search of a better life. It is possible to look for jobs and places to live over the internet, making such moves far less risky than in previous generations. When you share parental responsibilities of your child, however, and you want your child to go with you when you move, the process may become quite a bit more complicated.

Geographical Limitations

Illinois law provides that a parent with half or more of the parenting time with his or her child who wishes to move with the child may do so freely within a specific distance from the current residence. If that distance is exceeded, the moving parent must notify the other parent and obtain his or her permission to continue the move. This type of move is known under the law as a relocation and requires the modification of the parents’ existing parenting plan to account for the new distance between the child and the other parent.

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 Posted on October 18, 2016 in Child Custody

When two parents share a child, how they work together before, during, and after a divorce or other child-related legal matters can have a significant impact on the entire family. For example, high conflict between the parents creates stress for both sides. It can also make the child feel as though they are caught in the middle, which may lead to a host of emotional and behavioral issues. In contrast, parents who work together and put an emphasis on successful co-parenting are more likely to reap benefits. As a result, their children are bound to experience positive effects as well.

What Does It Mean to Successfully Co-Parent?

Because each family is unique, successful co-parenting may likely look different from one to the next. However, they are going to have a lot of things in common. They have clear boundaries that clarify what each parent is responsible for, but they are also willing to be flexible when circumstances change. They discuss changes in a way that works for them – be it over the phone, through email, or in person – and they do so respectfully. Further, they do not attempt to manipulate one another, or their child, for their own personal gain. Instead, they recognize the other parent’s importance in their child’s life.

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 Posted on October 04, 2016 in Domestic Violence

October is domestic violence awareness month, and while it may not seem that reminders are necessary, the numbers seem to suggest otherwise. Every minute, on average, 20 Americans are abused by an intimate partner. At some point in their lives, one in three women and one in four men have been or will be the victim of violence at the hands of a partner. Every day, nationwide domestic violence hotlines report more than 20,000 calls for help. The sad reality is that nearly as many calls should be going to law enforcement as well, but, in many situations, victims of domestic violence are afraid to call the police because, until recently, local laws allowed such callers to be evicted for calling too often.

Nuisance Laws

It is understandable that nobody wants to live in a dangerous neighborhood. Communities and municipalities, for their part, would rather project an image of safety and order. Police cars constantly on the street responding to calls do not help present an idyllic residential area. With this in mind, many such communities enacted so-called “nuisance laws” which allowed residents to be essentially punished in some way if the police were called to that location too many times. Landlords could face fines, and tenants could ultimately be evicted based on too-frequent police calls to a particular home.

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