Posted on June 10, 2020 in Divorce

TV shows and movies often depict divorces as dramatic confrontations inside the courtroom. However, the vast majority of divorce cases do not go to trial. Litigation is only necessary when a divorcing couple is unable to reach agreements on issues such as property division, the allocation of parental responsibilities and parenting time, and spousal maintenance. Most divorcing couples are able to resolve these issues through lawyer-facilitated negotiations, mediation, or collaborative law. If a couple cannot reach a settlement, the case may go to trial.

What Should I Expect During a Divorce Trial?

Divorcing spouses may need to make one or more court appearances during the dissolution of their marriage, even if the couple agrees about divorce issues. However, these court appearances are not the same thing as a divorce trial. During a divorce trial, a judge hears arguments from both sides and then issues a ruling regarding the unresolved issues. Divorce trials do not involve a jury, but they are otherwise conducted similarly to other types of civil trials.

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 Posted on June 04, 2020 in Child Custody

In Illinois family law cases, the terms “child custody” and “visitation” are not referred to as “allocation of parental responsibilities” and “parenting time.” When divorcing parents cannot agree on an arrangement for dividing parental responsibilities and parenting time, the court may need to intervene. Custody-related legal proceedings can be stressful for both the parents and the children. If you are in a legal dispute with your child's other parent, you may have concerns about your child's involvement in the case. Child testimonies are sometimes, but not always, used in Illinois child custody disputes. Fortunately, Illinois courts have several methods for conducting child interviews in a way that minimizes the stress on the child.

Will My Child Be Put on the Witness Stand?

If you and your child's other parent cannot agree upon a parenting arrangement, a judge will be tasked with making a custody determination that serves the child's best interests. You may wonder whether this means that your child will be forced to testify in court. Typically, children are not required to testify in court; however, the judge may use a child interview to gather information regarding a custody case.

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 Posted on June 02, 2020 in Divorce

You may not be surprised to learn that arguments about money are one of the main sources of conflict in many marriages. While some spouses are eventually able to reach an agreement about how to handle finances, others are not able to resolve their differences and end up filing for divorce. According to one 2017 survey, about 21 percent of divorced individuals named money as the cause of their divorce. Interestingly, the higher a person's income, the more likely they were to report financial conflict as the main reason for ending the marriage. About 33 percent of individuals with an income of $100,000 or greater said that money-related disagreements led to the split. If you are considering divorce, and you are worried about the financial actions your spouse may take before the divorce is finalized, you may want to protect yourself by obtaining a financial restraining order.

Freezing Marital Assets During Divorce

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 Posted on May 28, 2020 in Family Law

In Illinois, divorcing couples with children and unmarried parents who do not live together are asked to create a “parenting plan” that addresses the allocation of parental responsibilities (child custody) and other issues related to the couple's children. This plan will describe each parent's rights and responsibilities and include information about how parenting time, sometimes referred to as visitation, will be divided between the two parents. The parents may decide on the terms of their parenting plan through negotiation, mediation, or collaborative law. If parents cannot reach an agreement about one or more terms, the court will order a plan that is based on the child's best interests. Whether a parenting plan is the result of an agreement between the spouses or an allocation judgment handed down by the court, parents are expected to follow the plan.

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 Posted on May 27, 2020 in Divorce

Divorce can sometimes bring out the worst in people. In some cases, a resentful spouse may resort to stalking or harassing their spouse in an attempt to get their attention or intimidate them into meeting divorce-related demands. Stalking can include repeatedly showing up at the spouse's home, school, or workplace, or it may involve repeatedly contacting the spouse over the phone or via text messages, email, or social media. Whether you have been a victim of abuse, stalking, or another form of domestic violence, you should know that you have several options under Illinois law that can help keep you and your loved ones safe.

What Constitutes Stalking?

Stalking is typically defined as knowingly and repeatedly harassing another person with the intent to cause him or her harm or fear of being harmed. This may include following the victim from place to place, remaining outside the victim's home for long periods of time, or showing up at places that the victim is likely to be with the intent of scaring him or her. Stalking may also include contacting or monitoring someone through a smartphone, computer, GPS system, or another electronic device. This so-called “cyberstalking” can be just as emotionally distressing as physical harassment. Some stalking victims may worry that they are overreacting to their spouse's behavior. However, it is always better to be safe rather than sorry. If your spouse's actions make you fear for your safety or the safety of your children, family members, or pets, you need to take action right away.

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 Posted on May 20, 2020 in Divorce

Annulments are often associated with celebrity marriages gone wrong or last-minute Las Vegas weddings. However, there are many situations that may cause a person to seek an annulment. Unlike divorce, annulling a marriage makes it as if the marriage never took place. Not every marriage is eligible for annulment, however. If you are interested in having your marriage annulled, make sure you understand the criteria for annulment in Illinois. Next, contact an experienced family law attorney for help.

What Is the Difference Between Divorce and Annulment?

When a married couple wants to end their marriage, they typically file for divorce. A divorce, or Dissolution of Marriage as it is called in Illinois, terminates the legal relationship between the spouses. The couple may need to resolve issues such as property division, child custody, or spousal maintenance before the divorce can be finalized. Annulment, on the other hand, is not the termination of a marriage but instead the assertion that a marriage was never lawful to begin with. This is why annulment is referred to as a “Declaration of Invalidity” in Illinois law. In order to be granted an annulment, there must have been some issue with the marriage that made it invalid.

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 Posted on May 14, 2020 in Divorce

Child support payments allow unmarried or divorcing parents to share child-rearing expenses in a way that is fair and reasonable for both parties. Illinois child support payments are determined by the Income Shares model. This model takes into account each parent's income as well as the amount of parenting time he or she will have with the child. The Income Shares child support calculation method is typically used unless there is a reason that following the Illinois child support guidelines would yield an inappropriate child support payment amount.

Child support payments typically terminate when a child becomes an independent adult, but there are some situations in which child support may be extended. If you are a parent of a disabled child, read on to learn about your options for special needs child support.

What Counts as a Disability?

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 Posted on May 12, 2020 in Divorce

When Illinois parents get divorced, or when unmarried parents are separated, they are expected to create a parenting plan that designates when the child will spend time with each parent and how parents will share parenting obligations. However, forming a plan that both parents find acceptable is not always easy. Disagreements about the allocation of parental responsibilities and parenting time can be some of the most emotionally-charged legal disputes in all of family law. If you are a parent, you may understandably have strong feelings about these matters. There are a number of factors that contribute to child custody decisions. Often, these include the child's preferences.

Illinois Law Regarding Parental Responsibilities and Parenting Time

Parents who cannot reach an agreement about parental responsibilities and parenting time have several options. They may negotiate the terms of their parenting plan through their respective lawyers, work on a resolution through mediation or collaborative law, or litigate the case in court. Illinois courts make all child-related decisions based on what is in the child's best interests. When determining a parenting plan on behalf of parents, the court will consider multiple factors, including each parent's wishes, the child's school situation and extracurricular activities, the parents' work schedule, any past instances of domestic violence or abuse, and the wishes of the child.

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 Posted on May 05, 2020 in Divorce

During divorce, a full and accurate assessment of the divorcing couple's assets, income, debts, and expenses must be conducted. Whether the couple is resolving divorce issues through lawyer-assisted negotiations, mediation, collaborative law, or litigation, financial transparency is essential. Only when each spouse's financial circumstances are fully understood can a fair division of marital property take place. Detailed financial information is also necessary for spousal maintenance and child support determinations. When a divorcing couple owns high-value or complex assets, getting a complete picture of the spouses' financial circumstances is often much more difficult than if their financial situation was more straightforward. In many complex divorce cases, a forensic accountant can be an immensely beneficial resource.

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 Posted on May 01, 2020 in Domestic Violence

The National Coalition Against Domestic Violence estimates that one in every four U.S. women and one in every seven U.S. men have experienced domestic violence. Physical abuse, psychological manipulation, financial exploitation, and other forms of abuse exist within many families. Sadly, some people choose to use false accusations of domestic violence or abuse in an attempt to influence family law cases. Whether it is a divorce, child custody dispute, or another family law matter, allegations of abuse will likely have a major impact on the outcome of the case. If you have been accused of abusing a family member, there are several actions you should take immediately.

Gather Evidence and Witnesses That Support Your Side of the Story

One of the first things you should do if you are accused of abuse is to obtain any evidence that can help prove that the accusations are untrue. This may include things like text messages, voicemails, emails, letters, and other correspondence. Also, start thinking of witnesses who can corroborate your side of the story during any legal proceedings. Witnesses who are willing to testify about your character can be extremely beneficial to your case.

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