Posted on June 29, 2020 in Divorce

When a person files a petition for divorce, called a Petition for Dissolution of Marriage in Illinois, he or she must serve his or her spouse with the divorce petition. This sometimes involves one spouse simply handing the paperwork to the other spouse or it may be accomplished through a process server or other qualified third party. However, there are some circumstances where serving a spouse a divorce petition may be nearly impossible. When a spouse cannot be located, you will need to take special steps in order to be granted a divorce.

Attempting to Find a Missing Spouse

If you want to file for divorce but you do not know where your spouse is, you may be able to serve notice of the divorce through the newspaper. If the spouse still does not respond, you may be able to obtain a divorce without his or her participation. However, before either of those things happen, you will need to make a genuine effort to locate your spouse. You will also need to list all of the attempts you have made to find your spouse in an affidavit and file it with the court. It is recommended that you take at least the following steps to locate your spouse:

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 Posted on June 26, 2020 in Divorce

If you are considering divorce, you may understandably be feeling a bit overwhelmed and confused. The idea of dealing with the court system can be daunting – especially if you have never stepped foot inside of a courtroom before. Your confusion and anxiety may be exacerbated by well-intentioned friends and family who give you divorce advice that is simply untrue or does not apply to Illinois divorce cases. Fortunately, you do not have to face divorce alone. An experienced divorce lawyer will be able to give you the legal guidance you need to manage this difficult time in your life and move on to a brighter future.

Myth: I Will Need to Prove That My Spouse Did Something Wrong to Be Granted a Divorce

When a married individual files a petition for divorce, called a Petition for Dissolution of Marriage in Illinois, they are essentially asking the judge to grant him or her a divorce. In the past, Illinois had both fault and no-fault grounds, or reasons, for divorce. Fault-based grounds were issues such as infidelity or mental cruelty. However, Illinois has since eliminated all fault-based grounds for divorce. Now, the only available ground for divorce is “irreconcilable differences.”

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 Posted on June 20, 2020 in Domestic Violence

Domestic abuse or intimate partner violence affects millions of people across the country, including in the state of Illinois. According to the Illinois Coalition Against Domestic Violence, one in three women and one in seven men are victims of domestic violence. Physical abuse, psychological abuse, financial abuse, or stalking can make a person feel as if his or her own home is a prison. If you have been the victim of domestic violence, one option you may want to consider is an emergency order of protection (EOP). Sometimes called restraining orders, EOPs are legally enforceable court orders that require an alleged abuser to cease abusive and harassing behaviors. A knowledgeable family law attorney can help you through the legal process of obtaining this important document.

What Is Domestic Violence?

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 Posted on June 13, 2020 in Divorce

Technology has changed the way we communicate with loved ones, do our jobs, and generally interact with the world. If you are getting divorced, there are several things you should keep in mind with regard to your digital life. Social media is becoming increasingly relevant in divorce cases and family law disputes. Your use of technology and the Internet may seem unrelated to your divorce at first glance, but there are many different ways that social media, smartphones, email, and other online-based services can impact the outcome of your divorce. In some cases, it can affect spousal maintenance (alimony) and the allocation of parental responsibilities (child custody).

Change Your Passwords

According to one study, 67 percent of respondents reported that they knew their spouse's log-in credentials. Even if you and your soon-to-be ex-spouse are on amicable terms, it is still a good idea to change your passwords when you separate from your spouse to maintain a sense of privacy. It may also be helpful to turn off “location sharing” on applications and websites. You may be logged into your email, Facebook account, or your bank's website on shared devices like tablets or laptops and not even realize it. It is recommended that you change passwords for:

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 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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