Posted on January 17, 2017 in Divorce

The internet has opened new worlds of opportunity in many areas of life. It is now easier than ever for people to find new jobs, work remotely, make instant payments, and connect with people from around the globe. The proliferation of digital technology has also forced us to rethink our ideas of what constitutes cheating or infidelity in a relationship—behaviors that can easily push married couples toward divorce. While there have always been varying thoughts on the subject, the ubiquitous nature of cell phones, text messages, and online dating sites have expanded the spectrum considerably. It also seems that there is a pretty substantial divide between what men and women consider cheating on a partner.

Most married couples—and those in a long-term committed relationship—are connected on many levels. Their relationships are typically marked by a physical connection, as well as deep emotional and psychological ties. Virtually everyone agrees that having sex with someone outside of your committed relationship constitutes cheating. But, what about breaches of the other elements of a relationship?

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 Posted on January 12, 2017 in Spousal Maintenance

In the state of Illinois, the statues covering spousal maintenance are contained in the Illinois Marriage and Dissolution of Marriage Act. Spousal maintenance—sometimes known as alimony—is not a presumed right for either spouse. Instead, it may be awarded on a discretionary basis if the court decides that it is appropriate in a particular divorce case.

When determining whether or not to award maintenance, there are a number of factors a judge must consider, such as how long the couple was married, what was the standard of living the couple enjoyed while together, and what the income is of each spouse. If spousal maintenance is awarded, law provides a formula to be used in calculating how much will be paid and for how long.

An order of spousal support—even if it is intended to be “permanent”—usually includes a stipulation that the support will terminate if the receiving spouse remarries or enters into a cohabiting relationship. Remarriage is easy to prove because marriage requires a license. Cohabitation, however, can be much more difficult to prove, especially if the ex-spouse is making a concerted effort to hide the fact that he or she is living with someone.

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 Posted on January 10, 2017 in Domestic Violence

Divorce—without any complicating factors—can be emotionally challenging for everyone involved. If, however, you add in trauma related to domestic violence or abuse, the damage, stress, and anxiety of a divorce can be truly devastating for the victim. If you or someone you love is planning on going through a divorce in Illinois and is a victim of domestic violence, it is essential that you know how to protect yourself before, during, and after the divorce.

Domestic Violence More Common than Most Realize

According to a survey of the American Academy of Matrimonial Lawyers (AAML), domestic violence in divorces is more common today than they were just five years ago. In fact, 32 percent of the attorneys surveyed said they had noticed an increase in domestic violence issues, and 36 percent indicated they had seen a rise in the number of divorces involving restraining orders. More than half (63 percent) believe that domestic violence needs to be better addressed by the family court system.

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 Posted on January 07, 2017 in Divorce

Divorce is a difficult and painful process for everyone involved. However, children tend to be the most vulnerable to the stress and changes that accompany the separation. As such, parents need to be sensitive to the struggles that children face, and they should know how to help them cope. If you are about to embark on divorce, the following tips can help you and your child. It also provides some key details on how to ensure your child’s best interests are protected throughout the entire process.

Focus on What Is Really Important

As a parent, you want the best for your child, but, as a divorcee, you are going to go through your own set of feelings. You might feel angry, betrayed, guilty, or lonely. You might struggle when your child goes to stay with their other parent, and that could even further exacerbate any pain or sadness you are dealing with. Unfortunately, all of that emotion can cause you to lose focus. You could behave in ways that seem out of character, or do things that you know are inappropriate or unfair. This is why it is so critical for you to maintain focus on what is really important - your child.

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 Posted on January 03, 2017 in Divorce

When you are facing the end of your marriage, you may be inclined to complete the divorce process as quickly as possible. In fact, many lawyers and law firms will even lead you to believe that faster is always better. The reality, however, is that a quick resolution is not always the best option, especially if you and your spouse own substantial wealth. It is imperative to approach each aspect of your divorce carefully, even if it means taking a little longer than you would like.

Looking for a Quick Exit

There are many reasons why you may wish to have your marriage legally dissolved quickly. You may have met someone new and are ready to pursue a relationship. Or, you may want to put as much distance as possible between you and your current spouse after years of bitterness and fighting, no matter the cost. It is not unreasonable to hope for a fast divorce, of course, but you need to be sure that you are not sacrificing too much along the way.

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 Posted on December 28, 2016 in Child Custody

When your relationship with your child has been complicated by a divorce or a breakup, you probably treasure the time that you get to spend with him or her. This is especially true if the other parent has been allocated a majority of the parenting time and primary residential responsibilities. Despite the challenges, you understand how important it is to play an active role in your child’s life, giving him or her every chance to thrive, even following a difficult divorce. But what happens when the other parents that he or she would like to move with your child? Do you have any say in the matter? According to Illinois law, the answer depends on the circumstances.

Defining a Relocation

The Illinois Marriage and Dissolution of Marriage Act (IMDM) provides that a parent with a majority of the parenting time is permitted to move with his or her child anywhere within a certain radius from their current home. If, in your situation, the other parent wants to move outside of that radius, he or she must get your approval first. Specifically, you must be notified and provide your consent regarding a proposed move that is:

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 Posted on December 26, 2016 in Family Law

In a recent post on this blog, we talked about the role of a guardian ad litem (GAL) and how a GAL is used to help courts make child-related decisions in difficult cases. While many Illinois judges will utilize this option, other are more inclined to appoint a child representative in such cases. A child representative is similar in many ways to a guardian ad litem, but there are a few important differences between the two.

Similarities of a GAL and Child Representative

Like a guardian ad litem, a child representative must be an attorney who has undergone specified training and approved by the county court system to be appointed when needed. Both the GAL and the child representative are given investigative powers to research the circumstances of the case. They are permitted to conduct interviews with the child, both parents, and any other people who may contribute to the case. In addition, both the GAL and child representative may visit the home of each parent and observe the interaction between the parents and the child. Their investigations may also include a review of financial documents, court transcripts, and other items that may impact the court’s decision.

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 Posted on December 22, 2016 in Family Law

When you are involved in a particularly difficult child-related legal matter, including the allocation of parental responsibilities, parenting time, adoption, and many others, the court may decide to appoint an attorney to provide very specific assistance. Such an attorney may serve in one of three capacities under Illinois law: as an attorney for the child, a child representative, or a guardian ad litem. The two most common appointments are the child representative and the guardian ad litem. A future post will look more closely at the role of child representative, but if a guardian ad litem is appointed to your case, your cooperation or lack thereof could impact the court’s ultimate decision.

What Does a Guardian ad Litem Do?

A guardian ad litem, or GAL, may only be selected from a list of properly trained and certified attorneys. The GAL does not represent the interests of any party in the case. Instead, he or she works on behalf of the court to identify and promote the best interests of the child in question. Despite his or her training and license to practice law, his or her role is more akin to that of an expert witness hired by the court. (The costs of a GAL may be divided between the parties as the court sees fit.)

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 Posted on December 20, 2016 in Divorce

Deciding to end your marriage is one of the most difficult choices that you will ever make. Even if you are absolutely convinced that there are no other options, divorce is not easy. Unfortunately, making the decision is only the beginning, especially if you have children. The way in which you present the reality to them will go a long way in helping them to process and understand what is about to happen. As you prepare to tell your children about your divorce, there are several things you should keep in mind.

Schedule a Time

It is extremely important for you and your spouse to take the conversation with your children very seriously. With that in mind, you should set aside some time to sit down with your children—preferably together—so that you can have their undivided attention. There is no way to know for sure how long the discussion will take, as your children may have many questions or they may have very few questions the first time around. As you and your children sit down to talk, be sure to turn off the television and silence your cell phone so that the focus remains where it belongs.

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 Posted on December 15, 2016 in Family Law

According to the Illinois Marriage and Dissolution of Marriage Act, common law marriages are not recognized or considered valid in Illinois. Such unions have been prohibited for more than 100 years, as Illinois was one of the first states to require all couples to obtain licenses to marry so that the marriage could be properly recorded by the state. Since the law against common law marriage took effect in 1905, the state of Illinois and the country as a whole has experienced significant cultural and social evolution, with marriage itself having been redefined in recent years. Despite these changes, a couple who does not utilize the legal avenues to have their relationship recognized will not have the same rights and privileges of those who do.

Comparing Common Law Marriage to Same-Sex Unions

In a case recently heard by the First District Appellate Court in Illinois, a woman who spent 13 years with her partner before they got married asked the court to essentially recognize their common law marriage. She contended that for 13 years, she and her boyfriend lived as de facto husband and wife. Despite the law’s clear prohibition of common law marriage, the woman pointed to recent appellate decisions granting certain property considerations to same-sex couples who had split.

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