Posted on October 28, 2015 in Divorce

As you approach the divorce process, you and your soon-to-be ex-spouse may already have most of the details covered. It is not uncommon for a couple to “pre-negotiate,” if you will, regarding the various necessary considerations before the petition for divorce is even filed. For the vast majority of cases, this is very welcome, and a much lower-stress alternative to long, drawn-out courtroom battle, the impact of which may be felt by both parties for years into the future. For some couples, however, their negotiated agreement may not meet the court’s standards, and could be rejected on the grounds of being unconscionable. It is important to understand just what that means so you can be prepared to avoid such a response from the court.

Negotiate with an Understanding of the Law

While you certainly do not need to be an attorney to reach a reasonable agreement with your spouse, it does help to have a basic grasp of what the Illinois divorce laws require. This is especially applicable to concerns for property division, and spousal maintenance. A negotiated agreement does not necessarily need to adhere to each and every provision in the related laws, but understanding what the law considers to be just and equitable is a good place to start. From there, you and your soon-to-be ex can create virtually any type of settlement you wish, as long as it is reasonably fair to both parties and your children.

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 Posted on October 26, 2015 in Divorce

If you ask five family members or friends for advice on what to do in preparing for your divorce, you are likely to get five different answers. This is not because any of them wrong necessarily, but because there are many important factors to consider and steps to take. Similarly, the Internet is replete with advice and checklists for divorcing individuals, but before you take action, it is important to take stock of what you have, what you want, and what it will take to get there.

Save Some Money

As you get ready to file your petition for divorce, you will need to have some money put aside for a variety of expenses. This is especially true if you have become accustomed to a lifestyle reliant on two incomes. Very soon, you will be forced to be self-reliant, and if your monthly income cannot meet your monthly needs, you will need to have savings. Remember that during the divorce process, you may need to find a new place to live, buy new household goods or furniture, or hire an attorney. All of these things cost money and you need to be prepared.

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 Posted on October 21, 2015 in Guardian ad Litem

When any child-related legal proceeding has reached a point at which it has become clear that the parents or other parties to the case cannot agree on what constitutes the child’s best interest, the court may intervene and appoint an attorney to serve on behalf of the child. There are several roles under law which a lawyer may be appointed to fulfill, but the two most common are called the guardian ad litem and the child representative. The responsibilities of each, as they pertain to family law matters, are specified in the Illinois Marriage and Dissolution of Marriage Act.

Child’s Best Interests

Although only one or the other is typically appointed it a given case, both the guardian ad litem (GAL) and the child representative (CR) share a common goal: identify and advocate for the best interests of the child. In order to identify the best possible outcome for the child, the GAL and CR are both granted investigative powers. They are permitted and encouraged to interview the child, both parents, and any other interested party to the case. They may also review court documents, filings, and other evidence to help establish what they believe to be the most positive situation for the child.

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 Posted on October 19, 2015 in Property Division

When you got married, did you and your new spouse move into a home that one of your already owned or did you find a new house? Have you purchased a new home since your marriage?  The answers to those two questions could directly impact the division of property process should you and your spouse ever divorce.

Prior Ownership

According to the law in Illinois, all assets that were owned by either spouse prior to the marriage are considered individual property, not subject to division upon divorce. Determining ownership is fairly easy for smaller items. For example, you paid cash for a washing machine; you own it. Larger purchases and investments are a bit more complicated. You made a $25,000 down payment on a house, for example, but you are only 15 years into a 30-year mortgage; technically, the mortgage lender still owns about half of the house.

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 Posted on October 14, 2015 in Mediation

Whenever a case goes to litigation, the involved parties give up great deal of control regarding the situation. While a deal could possibly be brokered by the court, contentiousness and acrimony is much more likely. In addition, court dates are often weeks and months in advance, with very little happening in between. Thus, what could have been a relatively simple divorce has deteriorated into long, drawn-out process causing serious levels of stress and bitterness. For many couples, however, mediation may provide a much more reasonable avenue for reaching a divorce agreement, allowing them to move at their own pace and addressing the issues that matter most.

What is Mediation?

Mediation is a form of alternative dispute resolution that involves two—or more, if appropriate—parties and a neutral, third-party facilitator. The parties and the facilitator, known as a mediator, engage in negotiation-oriented discussions aimed at developing a resolution that is agreeable for everyone involved. Mediation is used in a wide variety of legal applications and is very often a part of divorce and family law proceedings. Parties to a mediated divorce may choose to retain their own attorneys, depending on complexity of the case. Some mediators are, in fact, also attorneys, allowing them to address many of the legal issues that may arise during the process.

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 Posted on October 12, 2015 in Divorce

After months or even years of unhappiness, you have finally decided that it is time for your marriage to end. It happens. In fact, it happens to about 800,000 couples every year in the United States, or about 2,200 per day, including weekends. If you are like many individuals, it can be very tempting to take to Facebook or Instagram in celebration of your newfound freedom. Others, sadly, turn to social media as an outlet for disparaging their partners, in hopes of finding support from friends and loved ones, or simply out of anger or spite. Whatever the reason, it is often best to limit your use of social media during your divorce to prevent potential unforeseen consequences.

Use of Social Media in Divorce Cases

According to recent study conducted by the American Academy of Matrimonial Lawyers (AAML), as many as 99 percent of family law attorneys have observed an increase in the use of text message and social media evidence in divorce and family proceedings in the last few years. Many divorce attorneys are even incorporating strategies for uncovering such evidence. What was once the territory of private investigators with cameras and notebooks is now often covered by voluntary posts on Facebook.

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 Posted on October 07, 2015 in Child Custody and Support

When a couple splits up, often the children have the most difficulty adjusting to the new situation. It is fairly common for a child to not want to have visiting time with the other parent. But, part of the job of parents is to help foster positive relationships between the other parent and the child. It can be difficult, however, to know what to do when the child refuses to spend time with his or her other parent.

Your Duties

Visitation is not really optional. Under the terms of the court order in your case, the other parent is to have a certain amount of parenting time and compliant with a certain schedule. If your child does not want to go, it does not relieve you of your responsibility to follow a court order.

You need to handle the situation carefully and with empathy. Do not assume that the other parent is doing something wrong, but do not just ignore your child’s opposition either.

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 Posted on October 05, 2015 in Child Custody and Support

Following a divorce or break-up, parents go their separate ways, often creating vastly different lifestyles from one another. In most cases, however, each parent still has the right to at least reasonable visitation with the child, if not significant parenting time through a shared custody arrangement. For some parents, however, the difference in lifestyles can be particularly troubling, especially if there are concerns that the child is being negatively affected. If you have been questioning the appropriateness of the other parent’s behavior, it is important to know what you can and cannot do about it, and a family lawyer can help.

Your Opinion May Not Really Matter

Unless otherwise stated in your custody order or parenting agreement, how you feel about the other parent’s actions has little bearing on the situation. There are some exceptions, but those will be addressed in a moment. Even if you have been granted sole legal custody, meaning you are fully responsible for important decision-making in regard to your child, as long as the other parent has not been deemed unfit, he or she is permitted to parent as he or she desires. His or her time with the child is not under your control, and you do not have the authority to tell them what to do or how to do it.

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 Posted on September 30, 2015 in Divorce

Divorce is rarely pleasant. But, not all divorces are high conflict screaming matches. Even if your soon-to-be ex-spouse has a high-conflict personality, there are many things you can do to try and keep the divorce as smooth as possible. It is in the interest of both parties to be civil, because the more conflict there is in the divorce, the higher the attorney fees will be and the longer the divorce will take to get finalized.

Step Back Before You React

There are a lot of different emotions going through both sides of a divorce. You spouse will probably do or say several things during the divorce that make you angry. Before you react to anything you need to take a step back.

Often, when you stop and look at things from the other person’s perspective, you can understand where they are coming from. You may not agree, but you gain some emotional distance that will let you respond calmly instead of escalating the situation. If talking in person or over the phone take a deep breath before responding. You can even tell them you need to think about what they just said and let them know you will get back to them. Resist the urge to respond to a text with the first thing that comes to your mind.

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 Posted on September 28, 2015 in Domestic Violence

While it is understandable that few people would prefer to live near neighbors who are constantly being visited by the police, recently passed legislation limits the application of so-called “nuisance-property” ordinances when the situation involves domestic violence. The law is being touted by the American Civil Liberties Union (ACLU) as a step in the right direction toward protecting the rights of domestic violence victims.

Nuisance Properties

Over the last several years, cities and municipalities in Illinois and around the country have enacted local ordinances to combat crime and to promote neighborhood responsibility. These laws, in general, hold a landlord responsible, to an extent, for the behavior of his or her tenants, and the property owner may be subject to fines and penalties if the property becomes a nuisance. In response, landlords have begun evicting tenants if the police are called to a particular home too often. While such actions may seem reasonable in the fight against illegal drug activity, for example, it has also led to victims of domestic violence being evicted simply for calling for help.

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