Posted on November 18, 2015 in Divorce

If you and your spouse are divorcing and have children, then it is particularly important to understand the basics of Illinois child custody laws. A clear understanding can provide you and your spouse with ideas regarding a custody arrangement, and will help to demystify the factors that courts will consider when awarding custody. Additionally, divorce can be an arduous and stressful time for everyone involved-spouses, children, extended family, and friends all face the impact of an ending marriage. However, considering the following steps may prove beneficial to help make your divorce process less stressful and more amicable for all involved-primarily your children.

Encourage Your Children to Accept Change

Change is unavoidable when it comes to divorce. Even when the end result is joint custody, any children involved will have to cope with a new way of living. One strategy for helping children adapt to changes in family life is to make sure their daily routine remains consistent. After-school activities, sports, hobbies, and time spent with parents should remain as priorities.

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 Posted on November 11, 2015 in Divorce

The general rule in Illinois court cases is that each side pays his or her own attorney fees. However, in family law cases, judges have a lot of power to decide if one side should contribute to the other side's attorney fees.

The Court's Power in the Initial Proceedings

Family law cases are held in equity. Therefore, a judge is charged with making fair decisions. Still, this does not mean that things have to be split evenly. Instead, judges look at all of the circumstances and make decisions after taking all factors into account.

In a divorce case, if one side has the majority of the income and most of the assets are in his or her name, the judge may decide to order that person to pay some or all of the attorney fees for the other side. This is done as a matter of fairness. Judges may also take into account the bad behavior of one side or another when deciding to award attorney fees.

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 Posted on November 09, 2015 in Mediation

Divorce cases can be some of the most difficult cases to settle. Emotions are often intense on both sides. Moreover, both spouses may feel they are fighting for what is right and what is best for the children. However, when a case goes to trial, many times neither side wins. Mediation, however, offers an opportunity for the two sides to find a way to settle the divorce in a way that is beneficial for both spouses.

How Mediation Works

Mediation is a way to resolve a legal dispute outside of the formal court process. Unlike a settlement conference where the judge is often pressuring the two sides to come to an agreement, the judge is not involved at all in mediation.

The two sides agree on, and hire, a neutral third party who offers mediation services-the most effective divorce mediators are former judges or lawyers with years of family law experience. Prior to mediation, the two sides submit statements that explain what they believe the issues of the case are and what outcome they would like to reach.

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 Posted on November 04, 2015 in Child Custody

When Different States are Involved, Who Has Jurisdiction?

Families are becoming more global and less tied down to one city, or even one state. When a couple with children decides to end their relationship, an already emotional process can become even more complex.

Sometimes parents live in different states, or even different countries, and they both desire custody of their child. Illinois has passed the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to help regulate these issues. The UCCJEA has also been passed by all of the other states in the United States.

Only one court at a time can have jurisdiction-the authority to hear a court case. The UCCJEA has a framework to help judges decide which court is the best place to move forward. Typically, the court where a child physically lives will have jurisdiction; however, there are several exceptions that are designed to prevent a parent from just taking a child and running to a place that the parent perceives to be friendlier. When dealing with interstate custody matters, it is important to act quickly and to obtain reliable advice.

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 Posted on November 02, 2015 in Divorce

A divorce can be an emotional roller coaster. Not only are you officially ending a relationship, but you may also be fighting for your financial future and the future of your children. Therefore, before you file for divorce in Illinois, you will need to be prepared.

Planning Ahead

If you are planning on filing for divorce or you believe your spouse is planning to file, you will need to gather as many financial documents as you can. Important documents include bank statements, the last three years of your tax returns, statements for any retirement accounts, and any statements for debts.

Collecting this information will help your lawyer understand what the financial picture looks like and will give you an advantage when it comes time to filing for the divorce or when responding to your spouse's petition. Additionally, if you are no longer living with your spouse, try and acquire his or her address. This will make serving the divorce paperwork easier.

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 Posted on October 30, 2015 in Domestic Violence

Domestic violence continues to be a serious issue all across the United States, including in Illinois. One of the ways the state has tried to address these problems is through the Illinois Domestic Violence Act. This law established a way for victims to get orders of protection, also called restraining orders, issued from the courts to help keep abusers away from victims and the victim's children. However, the system is far from perfect. Sometimes orders are issued when there has been no domestic violence. Protective orders can have serious consequences during a divorce.

What to Do Once You Have Been Served

Often the first you ever hear about a protective order is when you are served a copy of the order. While suddenly finding out you have been accused of abuse can be upsetting, it is important that you comply with the order right away.

Failure to obey the order can result in criminal penalties, including jail time. Even if you believe the order is not based in fact, you must obey the order. This includes leaving the premises and not contacting the petitioner or anyone else listed in the order.

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 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 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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