What is Annulment and Who is Eligible?

 Posted on April 07, 2014 in Annulments

Many people have heard of the term “annulment” and understand that it somehow similar to getting a divorce, but different in some mysterious way. Under Illinois law, an annulment is referred to as a “declaration of invalidity of marriage”. Unlike a divorce, an annulment does not simply terminate a marriage; an annulment states that a marriage is not valid and completely dissolves it as if it never existed in the first place.

 Before you get excited, thinking an annulment is the answer to all of your problems, it is important to recognize that not everyone is eligible for an annulment. There are four reasons for getting an annulment here in Illinois. According to the Illinois General Assembly, those reasons are:

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What is Spousal Support and Why Does it Exist?

 Posted on April 03, 2014 in Divorce

Sometimes in marriage, one spouse remains at home with the kids while the other goes off to work every day. For one reason or another, one spouse has been out of the work force for so long that it would be extremely difficult, if not impossible to find a new job to live on. When this happens, that spouse can face many financial troubles if the couple gets divorced. Luckily, there is a solution to this problem: spousal support.

Spousal support, also known as spousal maintenance or alimony, refers to “payments or transfers of money or assets from one spouse to another after a divorce.” Spousal support is not always necessary, but it is needed when one spouse may face a decrease in his or her standard of living after divorce.

Not just anybody is eligible for spousal support. The courts must consider a variety of different factors when determining if a couple is eligible for maintenance, including, but not limited to, the following:

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Illinois Seeks to Protect Student Privacy

 Posted on March 31, 2014 in Family Law

The Illinois legislature hopes to put parent’s mind at ease when it comes to their children’s digital privacy, while at the same time protecting parental rights with new changes to Illinois family law and criminal law.

The Privacy in the School Setting Act prevents any public elementary or secondary school district, and any higher learning institution from requiring or requesting that a student, prospective student, or parent/guardian turn over their social network password. To protect student privacy, the law also bans schools from accessing student email accounts without a parent or guardian’s permission. The law does provide an exception for cases when the school has reasonable cause to suspect that a student has violated school disciplinary rules or policies and has posted evidence of the violation on social media.

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Happy Wife, Happy Life: University of Chicago Study Begs to Differ

 Posted on March 27, 2014 in Divorce

A new research study released by the University of Chicago appears to have upset the proverbial marital apple cart as compiled data indicates that the husband is the key player in maintaining a happy marriage and avoiding divorce court.

The recent study, published to the Journal of Marriage and Family supports that husbands maintaining a positive outlook reported lower levels of conflict in the marriage while the wife's outlook on life had very little impact on the union. Wives reported increased conflict issues when their husband or partner is in poor health but data suggests that when the wife is experiencing health issues there is little to no change in the quality of the marriage.

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Step into Spring without Stepping on New Mom's Toes: Questions to Avoid Regarding Adoption

 Posted on March 24, 2014 in Adoption

Winter has broken and Spring has sprung. It is so nice out that you decide to pack up your two year old and head to the neighborhood park. It seems as if everyone had the same idea. The park is packed and you recognize your neighbor Lindsay with a toddler within watchful reach. You vaguely remember that Lindsay and Jack were considering adoption last Fall and it appears that the adoption process went well.

 You would like to approach her so your toddlers can enjoy the sunshine together but a little trepidation of how to approach the situation is holding you back. Contemplating on how to initiate the conversation crosses your mind as Lindsay waves a hello in your direction.

As you stroll over, toddler in tow, you are still wondering how to bring up such a personal choice as adoption without appearing intrusive. Luckily for others, Parents Magazine recently published an article on adoption etiquette by Wesley C. Davidson from American Baby. Davidson suggests the following questions and remarks should not find their way into the conversation.

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Quick Tips to Improve & Reclaim Your Relationship

 Posted on March 20, 2014 in Divorce

The kids, the housework, the job, the bills, the never-ending schedule, the dog, the cat, the spouse.

Sometimes it can become, plain and simple, overwhelming. So much so that you have given a thought or two about resigning from your marriage. But then you remember your vows and retract your resignation. You pick up the pace to avoid becoming a member of the divorce club that still affects 40 to 50 percent of all Americans today.

You may take a personal inventory and ask yourself how you can change the daily routine and banish the rut you and your spouse have recently accepted as the norm. You decide to give it another shot and get your house in order. However, if that does not work, you can always contact an experienced divorce attorney to start reconfiguring the jigsaw puzzle that is your life.

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What Are the Types of Orders of Protection for Domestic Violence?

 Posted on March 18, 2014 in Domestic Violence

Domestic violence is a large problem in our society today. According to Illinois State Police, a woman in the United States is beaten every 15 seconds. Victims of domestic abuse sometimes feel that there is no hope for their situations, but that is not the case. Fortunately, there are ways to end the destructive cycle of domestic violence, the most effective being an Order of Protection.

An Order of Protection is a legal order from a judge that contains ‘remedies” that order an abuser to take certain actions or prohibit an abuser from taking certain actions. If the abuser fails to follow the remedies, or carries out a prohibited act, he or she may be arrested.

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Finding Middle Ground: The Debate Over Same-Sex Marriage Laws

 Posted on March 14, 2014 in Divorce

In November 2013, the Illinois House of Representatives approved same-sex marriage legislation by a narrow vote of 61 to 54 with the Illinois Senate following suit with a vote of 32 to 51. As Governor Pat Quinn placed pen to paper, Illinois became the 16th state to recognize same sex marriage effective June 1, 2014.

For the lesbian, gay, bisexual and transgender (LGBT) community, this has been a welcomed victory, but one Illinois business owner will not join in the celebration.

According to a recent article by the Huffington Post, Jim Walder, owner of the TimberCreek Bed and Breakfast located near Paxton, Illinois strongly stated he will not be advertising  destination wedding packages to the members of the LGBT community.

Walder who identifies himself as a Christian has not been shy when speaking out against same-sex marriage. In 2011, Todd and Mark Wathen filed a civil complaint against Walder and TimberCreek after Walden refused to host a civil union ceremony at the bed and breakfast. The outcome of the civil case is still pending.

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Divorce, Delinquency and an Experienced Illinois Family Law Attorney

 Posted on March 12, 2014 in Divorce

Today's pace wreaks havoc on our already overloaded schedules. We work, we shop, we cook, we carpool, we do homework, we do housework, we shuttle our kids to sport practices we do, we do, the list goes on and on and on.

We rely on the trusty refrigerator calendar to keep track of every appointment. We do our best to keep close tabs on our children, especially our teenagers. This can be especially difficult if we're co-parenting after  a divorce.

For those families residing in Illinois, juvenile curfew laws remain on the books. The Illinois Child Curfew Act (720 ILCS 555) mandates that any juvenile (17 years and under) must return to their residence before the end of the specified curfew hour. Reinforce with your teen that taking a slight detour or briefly stopping by a friend's house is an excuse that probably will not satisfy the local authorities. The Act further states that once the juvenile returns home they must remain at their residence until the end of the specified curfew. Sneaking out the bedroom window for a rendezvous with friends is not a viable option.

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Preparing for the Main Event: Tips for Hiring an Illinois Divorce Attorney

 Posted on March 10, 2014 in Divorce

It is over. You and your spouse have decided to throw in the towel. At this point you have both realized that your marriage is on the ropes and soon to be down for the count. As you are lacing up your gloves in anticipation, it is time to retain an experienced trainer, in this case, an experienced Illinois divorce attorney. Lets get ready to rumble…

Seriously researching and retaining your divorce attorney is an important decision. You need to feel comfortable and confident in the one person who will be your strongest ally and advocate. When researching family law attorneys in your area, keep these tips in mind:

Do your homework. Investigate the internet, check with friends and even contact your local bar association for referrals.

You are seeking a service and it is quite common to openly discuss fee schedules up front to  ward off any surprises. Attorney fees can realistically range anywhere from $100 to over $500 per hour. The outcome of your divorce will define your future. Choosing an attorney based on cost alone is not the best strategy.

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