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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 Posted on September 30, 2016 in Mediation and Collaborative Law

No matter the circumstances, divorce is a life-altering experience. It will be a piece of who you are for the rest of your life. Luckily, it does not have to be an awful experience full of courtroom drama and all that goes into divorce litigation. Other options exist for you and your ex-spouse to have an amicable divorce, including collaborative law and mediation. Both of these choices offer benefits unavailable through traditional divorce options.

Mediation

Rather than enduring a lengthy, financially draining divorce litigation trial, there is an option to complete the divorcing process outside of a courtroom. Mediation is one useful alternative. Rather than having two separate attorneys and meeting in front of a judge who will then make all of the decisions, in this alternative, you retain control of the situation. You meet with a hired third-party, the mediator, to discuss the issues at hand to determine a resolution that works best for both of you. The outcomes are enforceable similarly to any other written contract. In addition, there is still the option to go to a judge for the unresolvable issues. Benefits of this option include:

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 Posted on September 20, 2016 in Division of Assets

Divorce among the Baby Boomer generation is more common now than ever before. According to the National Center for Family and Marriage Research, divorces among married couples 50 and over doubled from 1990 to 2014. Over the same period, divorces among couples 65 and older tripled. Divorce among older couples has its unique challenges. One important issue that older divorcees face is divvying up retirement accounts. Older Americans have a smaller window to earn after they divorce, so retirement accounts are a commonly fought over topic.

How Is Retirement Split Up?

Regardless of who saved more, retirement accounts are often split 50-50 when a couple divorces. Attorneys say that in a large majority of divorce cases, retirement accounts are considered marital property, and funds that were saved up to support one household must be divided to support two individuals. “There are a number of people who say ‘I have socked away every month and I do not see why I have to divide it with my spouse,” says Joslin Davis, president of the American Academy of Matrimonial Lawyers. “The law says ‘too bad.’”

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 Posted on September 13, 2016 in Divorce

Social media is great, but sites like Facebook and Instagram do have their downsides. Social media impacts marriages and divorce in a number of ways. In fact, according to a 2010 survey from the American Academy of Matrimonial Lawyers, over 80 percent of divorce lawyers reported seeing an increase of social media sources being present in divorce cases. How exactly does social media impact marriages? Here are just a few ways social media can harm your marriage and potentially lead to divorce.

Hidden Conversations

It is important to be honest and open with your spouse about your social networking activities. Having an active Facebook page, for example, is totally normal. Having secret conversations with a past romantic partner on Facebook, however, crosses a line that may impact your marriage. Even if nothing is going on, the secrecy can damage your relationship. Great marriages are built on trust, so it is important that any social media activity does not damage the trust in your relationship.

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 Posted on September 08, 2016 in Child Custody

Do grandparents have a legal right to visitation of their grandchildren in Illinois? Grandparents' rights vary from state to state. Some states do automatically give grandparents and other close relatives visitation rights. Others, including Illinois, consider grandchild visitation a privilege rather than a right. So what does this mean? Prior to 2005, grandparents had no legal option in Illinois to pursue visitation rights. Fortunately, Illinois lawmakers recognized that grandparents do play a significant role in my children’s lives, and changes to the law were made. Now, grandparents who are being denied visitation time can petition an Illinois court to grant them visitation rights.

Obtaining Visitation Rights

Due to the fact that grandparent visitation is considered a privilege in Illinois, grandparents being denied visitation by the child’s parents must petition a court where their grandchild resides to grant visitation rights. To do so, certain criteria must be met. The grandparents need to prove that the child is harmed in some way - physically, mentally, or emotionally - by being denied access to their grandparents. Interested grandparents must be able to prove that they have been denied visitation to an unreasonable extreme by one of the child’s parents

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 Posted on September 06, 2016 in Mediation and Collaborative Law

Many divorcing couples choose mediation over a typical litigated divorce. It is a beneficial alternative for many reasons - mediation allows both parties more control over their divorce, it protects couples’ privacy, and it can be a faster and more cost-effective divorce method when compared to litigated divorce. Mediation, while growing in popularity, is often misunderstood. Many couples shy away from choosing mediation because of the many myths and misconceptions surrounding the process. Mediation is truly a worthwhile option to consider despite the misunderstandings of how it works.

My Spouse and I Fight Too Much for Mediation to Work

Each divorce is unique, and mediation is certainly not an option for everybody. Cases involving domestic abuse, or hidden assets, for example, are not ideal for mediation. That said, most divorces can be handled completely by mediation. Many couples believe that they fight too much to pursue mediation, but this simply is not true. A mediator’s job is to keep both parties productive and on topic. Divorce mediators have experience working with conflicted parties, and they know how to get results. There is no risk in trying mediation either. If arguing keeps the two parties from discussing their divorce, they can always pursue a more traditional route.

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 Posted on August 30, 2016 in Child Custody

Child custody, now known as allocation of parental responsibilities under Illinois law, is an important topic that comes up for a variety of different reasons. We most often think of child custody during divorces, but child custody issues can also come up between unmarried parents who are arguing about parenting their children, or if two unmarried parents agree on parenting and wish to put their parental rights and obligations into writing. In the conflicted cases, however, if the case reaches a court, the court must rule on child custody issues like parenting time schedules and which parent gets what decision-making authority. Courts look at the child’s best interest when making a decision. Clients involved in child custody situations often ask if there are any factors that could hurt the chances of a court ruling in their favor. While no one can guarantee how a case will be decided, there are a few common factors that weaken one parent’s case.

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 Posted on August 25, 2016 in Divorce

Many parents fear the effects their divorce will have on their children. Breaking up a family is a difficult decision and one that certainly should not be taken lightly. That said, if you are considering divorce, it is important to know that your children will get through your divorce. In fact, in many situations, divorce is the best option for the kids. Studies show that children are more affected by parental conflict than they are by divorce. There are, however, some things that divorcing parents should avoid doing to ensure they do not hurt their children during and after the divorce process. Divorce is often challenging, and it can be difficult to remember to put our children above ourselves. Remember that despite any pain and emotional hardship you are facing, you still have the chance to maintain a loving and healthy relationship with your children. If you are divorcing or already separated with kids, be sure to avoid these common divorced parenting mistakes:

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 Posted on August 23, 2016 in Division of Assets

Divorce can be full of tough decisions. One divorce decision that often challenges our clients is deciding whether or not to keep their marital home. Holding on to the house after divorce has its advantages and disadvantages. Many divorcing parents like being able to keep their children in the same school district. Similarly, most people have emotional attachments to their homes and neighborhoods, and change can be difficult. Keeping a marital home post-divorce can be dangerous, however, as many divorcees do not anticipate the financial implications of keeping the home with only one income.

First, it is best to consult with a qualified attorney before making any major decision on whether or not to keep your home. They have experience in this matter, and can review your specific case and give you their recommendation on whether keeping the home is feasible or not. If you are currently in the process of deciding whether or not to keep your home after divorce, consider these tips:

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