Posted on November 07,2022 in Chicago divorce attorney

Social media is a valuable tool that enables people to market their businesses, promote their support groups, advocate for causes, and provide a sense of connection among family and friends who may live long distances. It also provides loved ones with accessibility to the social media user’s lifestyle, opinions, and emotions. During the COVID-19 quarantine, many depended on social media as an outlet to maintain relationships and human interaction. According to one source, as of 2021, 82 percent of the US population has a social media profile, which accounts for 223 million Americans. But with all the benefits, social media has a sordid underbelly.   

Aside from cybercrimes like doxing, hacking, and identity theft, online predators peruse the Internet to commit child sex exploitation. Posting a personal photograph of your young child in the bathtub or in a bathing suit might be an endearing snapshot to share with the child’s grandparents, but such publicly viewed photos could entice online predators like pedophiles and cyber kidnappers. It is common for many to post pictures of their children on social media. However, some parents oppose this oversharing.    

Continue Reading ››

 Posted on November 02,2022 in Division of Property

Asset division during divorce can sometimes exacerbate acrimony between the parties, especially if the dispute involves inherited assets. Under Illinois law, inheritance is considered non-marital property. However, ascertaining whether the inherited property ever shifted into marital property can be complicated. Once inherited assets are commingled with marital property, the inherited property can become marital.

A divorce attorney proficient in inheritance matters can help identify whether inherited assets are marital or non-marital. Additionally, a divorce attorney can help draft or modify marital agreements that protect your inheritance or your rights to an inheritance.          

Means of Inheritance Protection

If a married person wishes to ensure that their inherited assets remain non-marital property, there are several ways to do so.

Continue Reading ››

 Posted on October 26,2022 in Child Support

Child support in Illinois terminates at age 18 or high school graduation. Since January 1, 2016, codified in Section 513 of the Illinois Marriage and Dissolution of Marriage Act, divorced parents have been obligated to contribute to their non-minor child’s education and living expenses. However, these agreed-upon contributions, stated in the divorce decree, can be modified. For instance, a modification is likely if one parent is incapable of contributing payment because of unemployment or illness. If a financially able parent default on payment, then that parent can be held in contempt of court.          

Negotiating the tuition and living expenses of a non-minor child can be acrimonious. A family law attorney who understands the complexities of child support can help draft a modification or enforce a prearranged tuition agreement in the divorce decree.

Continue Reading ››

 Posted on October 25,2022 in Division of Property

In the United States, pets are often treated and considered family members. Their devotion is clear, as nearly $70 billion is spent annually on pets, according to the American Pet Products Association (APPA). The 85 million families who own at least one pet, which accounts for 67 percent of American households, demonstrates how massive the pet industry is to the economy. The bond between some owners and their pets is intense.  

According to a Human Animal Bond Research Institute (HABRI) study, 79 percent of pet owners confirm their pets reduce stress. Owning a pet could also minimize cardiovascular disease and depression. So, when divorcing spouses dispute the custody of their family pet, it is sometimes as stressful and hostile as a child custody battle. Deciphering the ownership and visitation rights of a pet can be complex. A family law attorney skilled in both child and pet custody disputes can help strategize and determine pet ownership and responsibilities.

Continue Reading ››

 Posted on October 21,2022 in Child Custody

Child custody battles can be contentious, acrimonious, traumatic, and costly. A reliable child custody attorney can help with dispute resolution to facilitate an amicable outcome. However, when dispute resolution, like mediation, fails, the court may appoint a guardian ad litem (GAL), a child representative, or a custody evaluator to help determine what is in the child's best interests. These investigations can be intrusive, nerve-racking, and embarrassing, making some feel unfairly judged. A child custody attorney skilled in collaborative law can also help you prepare for the evaluations of court-appointed, third-party investigators. 

What is a Guardian Ad Litem, a Child Representative, and a Custody Evaluator?

Guardian ad litem (GAL) -- GALs, who are certified and trained through the Department of Children and Family Services, advocate and protect a child's best interest during custody battles. Working on behalf of a child, a GAL is typically court-appointed and can serve as a witness. After a thorough investigation, GALs provide recommendations to the judge. A GAL's fees are billed to the child's parents or guardians.

Continue Reading ››

 Posted on October 18,2022 in Chicago divorce attorney

Acrimonious divorce and custody battles can be traumatic for the child in the short term and, if unresolved, in the long term. If a parent starts to date shortly after the divorce, this can wreak havoc on the child’s psyche as they try to adjust to their new circumstances. The child’s confusion and animosity regarding the divorce will likely intensify if a parent dates a person from an adulterous affair that was the catalyst for the divorce. Introducing a child to a new partner may instigate the child’s feelings of abandonment and heighten friction between the other parent. 

If not stipulated in the divorce decree or parenting plan, a parent has the legal right to introduce their child to a new partner. However, this does not necessarily render the disputing parent without legal recourse. A divorce attorney can help negotiate an agreeable solution and implement a post-decree modification.

Continue Reading ››

 Posted on October 12,2022 in Divorce

Effective January 1, 2016, Illinois transitioned to a no-fault divorce state.  Public Act 99-90 (SB 57) amended the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/101 et seq., eradicating the at-fault divorce law when spouses could be held accountable for divorce.  If a spouse commits infidelity, mental or physical abuse, or financial fraud, they will not be blamed for the marriage's demise. The benefit of a no-fault divorce state mitigates family trauma as neither spouse is culpable. Divorce is either uncontested or contested. Whether you proceed with an uncontested or contested divorce, retaining a good divorce attorney is imperative.

Ten Essential Steps to an Uncontested Divorce

Even if you are lucky enough to have an uncontested, amicable divorce, each party should still retain counsel. A lawyer can evaluate the spouses’ agreed-upon proposals and accurately draft the divorce decree. Hiring a lawyer to assist with an uncontested divorce is also crucial if the couple has children, has been married for an extended period, has a high net worth, or has high-value assets.  The benefit of an uncontested divorce is that neither party has to appear in court, which renders the process cost-effective, timely, and peaceful. An uncontested divorce usually entails the following steps.

Continue Reading ››

 Posted on October 07,2022 in Divorce

An annulment, now legally termed "Declaration of Invalidity of Marriage," used to be a more common legal proceeding than it is today. There are now specific criteria that a spouse must prove for a court to declare a marriage invalid. Due to the strict circumstances that qualify for an annulment, along with its statute limitations, a declaration of invalidity of marriage is complex and sometimes difficult to attain. The couple should seek legal separation or divorce if the annulment petition is not filed within the allotted time frame or if the union does not violate Illinois marriage laws. A family law attorney can explain the conditions and proceedings of a divorce and an annulment and help you decide the best option.

Differences and Similarities between Divorce and Annulment (Declaration of Invalidity)

A divorce legally terminates a valid marriage, whereas an annulment legally expunges the marriage, rendering it null and void. An annulment affirms that the marriage was legally invalid, erasing it from records. Like divorces, one party may contest the annulment.

Continue Reading ››

 Posted on September 29,2022 in Division of Property

Illinois law affirms that retirement accounts classified as marital property are subject to equitable property division during divorce.  A Qualified Domestic Relations Order (QDRO) is a court order that obligates the contributing party to pay the alternate payee or dependent a portion of their retirement account.  A divorce attorney proficient in the complexities of complex property divisions can prepare a fair and straightforward divorce settlement that adequately addresses retirement benefits. 

Qualified Domestic Relations Order (QDRO) in Divorce

Included in a divorce decree, the legally-binding QDRO specifies the division and disbursement of retirement accounts. A QDRO can incorporate assets from more than one retirement fund. Alternate payees have the option to roll over the assets into their own retirement accounts. They can elect a lump sum, but those funds are typically taxable. Alternate payees also have the option to choose future installments, allowing them to control the investments of their shares.  

Continue Reading ››

 Posted on September 23,2022 in Chicago divorce attorney

Collaborative law is a type of Alternative Dispute Resolution (ADR) in which both parties and their lawyers agree to settle disputes outside the courtroom. With collaborative law, divorce proceedings can be amicable. Eliminating litigation can also result in a more economical and expeditious divorce that mitigates acrimony. The collaborative law model encourages parties in family legal proceedings to responsibly and respectfully resolve their disputes. The best interests of the child is always at the forefront of every collaborative law conflict. Negotiations and mutually created outcomes are prioritized. Skilled in this type of dispute resolution, a collaborative law lawyer can help facilitate a shared resolution and fair divorce agreement. 

Ten Elements of Collaborative Law 

Collaborative law divorce attorneys are trained to qualify for this dispute resolution discipline. Through the collaborative process, divorcing spouses may be able to negotiate an agreement regarding property division, child custody, and other divorce matters. Collaborative law includes the following elements: 

Continue Reading ››