Posted on October 28, 2015 in Family Law

After a divorce or child custody case has ended, the real struggle is often just beginning. Parenting timeissues are among the most common reasons family law cases end up back in court. However, when parents are able to work out parenting time differences, their child's life and their own will be less stressful, and additional finances will not be spent going back to court.

Types of Parenting Issues

Life is often much more complicated than a simple parenting plan can anticipate. When a child is sick, or has a school obligation, what happens to the other parent's parenting time? Life for both adults and children is so full that rescheduling parenting time can be difficult.

Another common issue has to do with different parenting styles. One parent may enforce much more discipline than the other. Or, the parent who has the child more frequently may feel resentful that the other parent spoils his or her child. These issues do not have to end up back in court. Parents who are no longer together must realize that because they have children they will always have some relationship with their ex. However, everyone is better off when parents work together to resolve their differences.

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 Posted on October 23, 2015 in Family Law

Illinois allows for postnuptial agreements to help simplify divorces and promote settled solutions to family law issues. A postnuptial agreement is similar to a prenuptial agreement, only it is entered into after a couple is married.

The Purpose of Postnuptial Agreements

Postnuptial agreements are legal contracts. Like prenuptial agreements, the parties agree ahead of time what would happen to the marital property and spousal support should the couple get divorced. These agreements save the couple the costs and emotional turmoil of litigating a divorce, and it frees up court resources.

Postnuptial agreements can also help simplify the process of figuring out what is marital property and what remains separate property.

Dangers of a Postnuptial Agreement

While postnuptial agreements can work to help both spouses, there are risks to entering into one. Because postnuptial agreements are legal contracts, a spouse cannot later simply try and back out of one because they didn't read or understand the document.

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 Posted on October 21, 2015 in Divorce

Sometimes, the most valuable asset in a divorce is one that is the hardest to divide, without destroying its value. Retirement accounts such as IRAs, 401(k)s, and pensions are governed by a combination of state and federal laws. Often, there are major tax consequences for early withdrawals from these plans. If the correct formalities are not followed, accounts can be rendered worthless, or one spouse could end up with nothing-even if the account was marital property.

What You Do Not Know Can Hurt You

For generations, state and federal lawmakers have worked hard to protect the retirement accounts of workers. A detailed set of regulations and guidelines have developed that control in regards to how plans may be split in cases of divorce. Many times a special order is required-a Qualified Domestic Relations Order (QDRO). A QDRO must be signed by a judge before any changes can be made to the way a retirement plan pays out the benefits.

If a QDRO is not implemented, or is improperly implemented, it can result in benefits not being distributed in the way the parties agreed or as a judge ordered. Additionally, there can be disastrous tax consequences.

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 Posted on October 16, 2015 in Domestic Violence

Domestic violence is a serious issue in our society. Often the issues that are behind violence in the home simmer for years. When a marriage breaks down there is always a lot of emotion and tension in the process. When there has been domestic violence, the situation is even more volatile. Domestic violence drastically impacts the divorce process.

What Does a Protective Order Do?

Illinois provides a way for victims of domestic violence to get a court order to keep their abuser from coming back into the home. This is commonly called a restraining order, but is legally called a protective order. There are three different types of orders. To qualify for a protective order the victim must have been harassed, injured, threatened, or unlawfully restrained by a family or household member.

Under the law a family or household member must be one of the following to the victim:

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 Posted on October 14, 2015 in Divorce

Once a divorce decree or dissolution of marriage has been issued, courts do not like to modify any of the provisions, especially provisions having to do with property division. However, the law does allow for modifications in some instances.

There are three major issues in a divorce: property division; custody and parenting time; and support. If your spouse lied during the divorce proceedings, you may be able to go back and ask the court for a modification of the order.

Modifications

If you are seeking a modification, you have the burden of first proving to the court that your case qualifies to be considered for a modification. There are different standards for a modification of a parenting time order than for a modification of a property division order.

Once the court agrees to hear your case, you will have to persuade the court that it should make the modification. Judges do not like to make changes for small issues. Even if your spouse lied during the last round of proceedings, it will be up to you to show the judge why the earlier lie was not discovered sooner and why it should impact the case now.

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 Posted on October 09, 2015 in Paternity

Paternity is not always a straightforward process. If someone is found to be the father of a child they will have the duty to pay child support, and will probably have the right to have regular parenting time with the child. Whatever side of the case you are on, you need to understand what happens in paternity cases.

How Paternity Can Be Established

Usually being a father is a matter of biology. But, sometimes who the father of a child is not clear. Under Illinois law you are considered the legal father of a child if:

• You were married to the mother at the time of conception;
• You signed a voluntary acknowledgement of paternity;
• You legally adopted a child; or
• You were found to be the father in a court paternity case.

When you sign a voluntary acknowledgment of paternity, you only have 60 days after it is signed and notarized to try and rescind it. After that, it cannot be changed, even if a DNA test later shows you not to be the biological father.

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 Posted on October 07, 2015 in Divorce

High conflict and multiple contested issues may cause divorcing parties to want to conduct depositions-a part of the discovery process-in a divorce case.

Depositions often dramatically affect the outcome of a divorce case. If you are involved a deposition, you will be sworn in and you must answer the questions asked by the lawyer for the other side.

Deposition Basics

When you testify in a deposition, you are under oath, just the same as if you were in open court. A court reporter is often present. Also, the deposition may be recorded with audio and/or video. Therefore, if you later testify at the trial about something differently than you stated in your deposition, the other side can point out the discrepancy.

Most people are nervous about having their deposition taken. This is natural. However, answering questions clearly and accurately is easier when you are calm. Additionally, it is important to answer the questions you are asked. Give brief, but complete, answers. If a lawyer wants more information, then he or she will ask another question. It is not your job in a deposition to give a lawyer what you think he or she wants to hear. It is your job to tell the truth and to only answer the questions you are asked.

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 Posted on September 25, 2015 in Child Custody

Divorce can be challenging and emotional for everyone involved - including grandparents. When parents divorce, courts are required to approve arrangements regarding custody and visitation, including decision-making power and the time that each parent gets to spend with the children. However, parents and children are not the only ones whose families are changing. Often grandparents struggle to understand their new role after a divorce and, in some circumstances, grandparents may be restricted or prevented from seeing their grandchildren. One option for grandparents who are prevented from having a relationship with their grandchildren is to seek visitation.

Non-Parent Visitation

Illinois law provides visitation for certain "non-parents" including grandparents. Those who want visitation can file a petition with the court requesting visitation.

The law establishes a presumption that the parents' actions and decisions regarding visitation are not harmful to the child's mental, physical, or emotional health. Therefore, the court will presume that a parent or parents who prevent children from seeing grandparents are not causing any harm to the children. In order to be granted visitation, grandparents must prove that the parents' decision to prevent or restrict the relationship will cause undue harm to the child's mental, physical, or emotional health. In assessing the case, the court will review:

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 Posted on September 23, 2015 in Hidden Assets

When a marriage begins to fall apart, one spouse may attempt to hide assets and other sources of income to avoid splitting these assets in a divorce settlement or may want to attempt to lower a future child support or spousal support obligation. Illinois law, however, requires judges to equitably divide marital property in divorce settlements. Therefore, if one spouse hides marital property, a court ordered division of marital property will not be equitable.

The Discovery Process

Sometimes, a spouse may know that an asset exists and notices that it is missing from the other spouse's financial disclosures. Or, a spouse may only suspect that an asset is missing. In divorce cases, the law allows both instances to go through the discovery process-a process where both sides ask for certain information.

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 Posted on September 18, 2015 in Family Law

On January 1, 2016, sweeping changes to the way family law works in Illinois will take effect. The changes will affect everyone who has a divorce or child custody case in the state. Because same-sex marriage is relatively new in Illinois, many wonder if the changes to the family law statutes will have any impact on same-sex marriages in the state.

Status of Same-Sex Marriage in Illinois

who has a divorce or child custody case in the state. Because same-sex marriage is relatively new in Illinois, many wonder if the changes to the family law statutes will have any impact on same-sex marriages in the state.

Status of Same-Sex Marriage in Illinois

Same-sex marriage has been legal throughout Illinois since June 1, 2014. While marriage is usually regulated solely by the states, the U.S. Supreme Court made it clear earlier in 2015 that no state could prevent same-sex couples from obtaining a marriage license solely because their gender or sexual orientation.

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