Recent Blog Posts
Has COVID-19 Led to an Increase in Domestic Violence Cases?
After a trying year due to COVID-19, many people are looking forward to 2021 with a vaccine being distributed throughout the country. However, there is growing concern that there could be a pandemic within the pandemic. Reports of domestic abuse have increased during the months of 2020. With much of the country’s workforce laid off or working remotely from home, and the uncertainty of the virus, tensions in many households have run high. Although stay-at-home orders issued at the start of the health crisis were intended to protect the public and prevent widespread infection, they left many victims of intimate partner violence (IPV) trapped with their abusers. However, they do have options for protecting themselves and their children.
Illinois Orders of Protection
Can an Illinois Child Support Order Be Modified Due to COVID-19?
As this year draws to a close, Illinois residents and people throughout the world are no doubt looking forward to a healthier and happier new year. The coronavirus pandemic changed our way of life in 2020, and we all did our best to adjust to a “new normal.” In a concerted effort to slow the spread of the highly contagious virus, federal, state, and local officials issued orders to limit in-person gatherings and require that face masks be worn indoors. Many non-essential Illinois businesses were closed, and those that were allowed to stay open have reduced their staff and hours of operation. As a result, numerous individuals lost their jobs and filed for unemployment over the past nine months. This economic downturn has led some parents who are divorced or who were never married to worry about how they are going to pay their bills, including meeting their child support obligations.
What Are the Benefits of Parallel Parenting in an Illinois Divorce?
A divorce can be one of the most stressful experiences of your life, regardless of whether you were married for a few years or a few decades. When you and your spouse have children together, adapting to life after the marriage ends can be very difficult. You will have to learn how to co-parent your children, even if you do not see eye-to-eye on everything. However, the most important thing to remember in a high-conflict divorce is to keep your children’s best interests in mind. “Parallel parenting” is an arrangement in which divorced spouses can co-parent by disengaging from each other, with limited direct contact, while remaining fully connected to their children. This version of co-parenting can be appropriate for ex-spouses who are unable to communicate with each other in a healthy or civil manner.
Co-Parenting With Your Children’s Best Interests in Mind
How Can I Get Divorced During COVID-19 in Illinois?
Although the coronavirus health crisis has impacted day-to-day living, everything is moving forward in the family law court system. In Illinois, non-essential businesses such as restaurants and shopping malls were closed temporarily but not the judiciary. While many changes have been implemented, the courts have remained open to the public. In light of the stress of being quarantined at home or the loss of income, COVID-19 has placed an enormous strain on relationships, leading many couples to consider filing for divorce. Therefore, if you are wondering if you can obtain a divorce at this time, the answer is absolutely yes.
Virtual Meeting Options
In order to protect the safety of their clients, many law firms are offering digital services to meet their clients’ legal needs. In the practice area of divorce and family law, this may include consultations with couples over the phone or by video chat. For those firms such as The Law Offices of Douglas B. Warlick & Associates. that offer mediation as an alternative dispute resolution (ADR), spouses may speak with their third-party mediator through various electronic means. This may include video conferencing apps such as Zoom, Go-to Meetings, or FaceTime. However, at The Law Offices of Douglas B. Warlick & Associates, we also continue to offer face-to-face meetings and personal mediation services, including Collaborative Law.
How Is Marital Debt Divided in an Illinois Divorce?
The end of a marriage involves several legal steps and decisions. Determinations need to be made about many issues, including how property will be divided, if spousal support is appropriate, as well as child-related issues if a couple has a family. During the divorce proceedings, spouses may come to agreements on all of these matters. However, they may also argue over who gets what. In such cases, the court will intervene and make decisions on their behalf. When determining how a couple’s assets will be divided, Illinois follows the equitable distribution method. This also means that any marital debt will have to be split fairly. If you are concerned about what will happen to your debt once you are divorced, a knowledgeable divorce attorney can help navigate this complex issue.
What Are the Signs of Parental Alienation in an Illinois Divorce?
The decision to end a marriage can be difficult for many reasons. In many cases, spouses may be unhappy for a long time but hesitant to end the relationship if they have a family. Studies show that the stress of a divorce can significantly impact a couple’s children. This can manifest itself in various ways, such as manipulative behavior by one or both parents. The concept of parental alienation syndrome (PAS) was first introduced by psychiatrist Richard Gardner in the 1980s. This typically occurs during or after a divorce when one parent psychologically manipulates a child into exhibiting unwarranted fear, disrespect, or hostility toward the other parent. In some cases, the manipulative parent’s ultimate goal is that the child will reject the other parent and want nothing to do with him or her. After your divorce, it is important to recognize signals that indicate PAS might be occurring to protect your child’s well-being as well as your rights to custody and parenting time.
Is an Annulment the Same as a Divorce in Illinois?
There are millions of married couples in Illinois and throughout the United States. However, not all marriages last. Approximately 40 to 50 percent of all U.S. marriages end in divorce. Many people may equate a divorce with an annulment or even a legal separation, but they are not the same thing. In a divorce, a couple will seek to dissolve a valid marriage. In an annulment, the marriage is ruled as invalid, as if it never happened. Some people assume that an annulment is easier to obtain than a divorce, but that is not always true. Annulments can have stricter requirements and time limits when compared to a divorce. If you are considering ending your marriage, it is essential that you hire professional legal counsel to fully understand your legal options.
Declaration of Invalidity
It is important to note that an annulment is not the same thing as a divorce or legal separation. When married couples legally separate, they live apart but are still technically married in the eyes of the law. An annulment is a way for two people who are in a fraudulent or invalid marriage to legally leave the marriage by essentially voiding it. A marriage can be deemed invalid for various reasons, including if one party was unable to consent to the union due to:
What Are the Consequences for Shoplifting by a Juvenile in Illinois?
In the United States, a person is considered a juvenile if he or she is under 18 years old. You may have heard the phrase “juvenile delinquency” before, but you may be unsure about what it actually means. It is generally defined as the repeated commitment of criminal offenses by a young person, typically one below the age at which traditional criminal prosecution is possible. In many instances where a crime was committed by a minor, a separate juvenile court system hears these cases and promotes rehabilitation as opposed to penalties such as jail time. Nonetheless, it is important to know that as an Illinois parent, you could be held liable for injuries or losses caused by your child’s actions.
Possible Penalties for Retail Theft by a Minor
Under Illinois law, shoplifting is also referred to as retail theft or larceny. The crime of shoplifting involves taking an item from a store or retailer with the intent to deprive the owner of its full or partial value. This can mean the offender places the product in his or her pocket or backpack without paying for it. It can also include switching price tags to make an item scan at a lower cost.
Why Is it Important to Establish Paternity for a Child?
For married couples, the identity of a child’s parents is typically not in doubt, and both spouses are prepared to raise the child. However, for parents who are not married, establishing paternity can make a great difference for a child, ensuring that both parents will play a role in the child’s life and provide the child with financial support. By including a father’s name on a child’s birth certificate, this can protect the rights of both the father and the child.
What Is Paternity?
When a child is born, the relationship between the mother and the child will be obvious, but the child will not necessarily have a legal relationship with his or her father. If the mother is married, her husband is assumed to be the child’s father. However, for couples who are not married, even if they are engaged, the identity of the father will not be presumed, and paternity will need to be legally established. The only exception to this is if a mother’s marriage ended within 300 days before the child was born. In these cases, her former spouse is assumed to be the child’s father.
When Can a Custodial Parent Move With Their Child?
There is no question that after a divorce, the lives of the spouses and their children will change significantly. Additional changes may occur in the years to come, and there may be a time when one parent decides to move to a new location that is a significant distance away from the other parent. However, there are restrictions on how a custodial parent may proceed in cases involving parental relocation, and the well-being of a child and the rights of the other parent must be protected.
Illinois Parental Relocation Laws
While Illinois law no longer uses the term “custody,” the parent with the majority of the parenting time is often referred to as the custodial parent. If this parent decides to move to a new home, may need to seek the approval of the court, and the other parent may argue against the move if it affects their parenting time with a child.
