Posted on March 30,2023 in Divorce

When getting a divorce, making decisions based on reliable information is essential. Unfortunately, there is a lot of misinformation out there that could make this process more complicated and confusing. Each step of the divorce process will involve several legal, financial, and practical considerations. It is essential that you know what information you are getting and where you are getting that information from. Working with an experienced divorce attorney can help you from making mistakes that may later cause significant difficulties within the divorce process. Below are a few myths to consider if you are considering a divorce.

You Need A Reason

Illinois is a no-fault state, meaning you do not need a specific reason to divorce. If you have decided to end a marriage, that is enough to support a divorce filing. You can still file for divorce even if you and your spouse are not on the same page.

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 Posted on March 23,2023 in Chicago divorce attorney

When dividing property during a divorce, it is crucial to begin this process by deciding if the property is marital or separate. Marital property usually entails assets or debts a couple has acquired throughout their marriage. Separate properties are assets or debts that a spouse acquired or owned before marriage.

Separate Property

Separate property is anything that was acquired before the couple married. Gifts and inheritances are separate property, as well. If any of these income-producing properties increase, that income may still be considered separate property, depending on the circumstances. There is no division of separate property during a divorce. A few common examples of separate property include:

• The property was given to a spouse as a gift or inheritance
• Property obtained by a spouse in exchange for property a spouse may have acquired before the marriage or by gift or inheritance

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 Posted on March 17,2023 in Family Law

Some specific orders and laws must be followed when it comes to being a guardian, whether to a child or an adult. A ‘disabled person’ is someone who is eighteen years or older and who is unable to manage themself mentally or physically. Being the guardian of a disabled adult is a serious responsibility and requires a person to be given control of all aspects of another person’s life. A guardian must act in the best interest of the ‘ward’ (otherwise known as the person who the court has declared as a disabled adult who has been appointed a guardian). They must avoid any conflict affecting the ward and are expected to seek out and rely on financial and legal assistance when appropriate.

A Guardian's Basic Duties

Under the law, a guardian has primary duties they must follow. They will be responsible for any personal or medical care the ward requires. They may also have physical custody of any children that the ward may have who depend on the ward for support and maintenance. A guardian will need to make decisions for the ward’s personal and healthcare and any living arrangements. A guardian will also be required to file written reports on the ward’s current condition, living arrangements, any activities they spend their time doing, and a summary of the guardian's contact with the ward. It is up to a judge or attorney to determine how frequently the court will require the guardian to make these reports.

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 Posted on March 16,2023 in Paternity

Equal treatment is essential when it comes to American law. Married and unmarried parents both have the same parental rights and obligations. When people have children while unwed, things can become complicated if they decide to end their relationship. Enforcing these rights and responsibilities can add to the situation's complexity. No matter the case, Illinois laws are made to look out for the child's best interest.

What Happens When Unmarried Parents Decide to Part Ways?

Unmarried couples typically live under agreements in which they decide upon themselves. If they choose to part ways, then they must establish paternity. Similarly, they should also decide on child custody and support issues. Unmarried couples do not have the same rights as married couples. When married couples get divorced, their marital property is equitably distributed between them. However, being unmarried means that these couples will need to decide what is ultimately in the best interest of not only themselves but their child.

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 Posted on March 09,2023 in Divorce

If you and your partner decide that the best way to go forward is to get a divorce, your biggest fear may revolve around how difficult and taxing the process will be and potentially become. While it is true that many divorces become stressful and complicated, if both parties are willing and able to cooperate and negotiate, you can reach a resolution that satisfies both parties. For parties to get an amicable divorce, they should approach it in a way that prevents any future conflicts from taking over.

Ways To Reach an Amicable Divorce

Being able to have an amicable divorce relies on the behaviors of both parties. Here are a few ways that can make an amicable divorce more likely:

• Couples therapy - In most cases, couples will attempt couples therapy before deciding on a divorce, but if, even after the decision, both parties are willing to attend couples therapy, it could save the marriage. If not, couples therapy can help the parties better understand each other's needs and wants for the future.

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 Posted on March 07,2023 in Parental Rights

Under Illinois law, if you are the biological parent of a child but do not have parental rights for that child, you may want to consider filing for the allocation of parental responsibilities. If married to the parent with sole guardianship of the child, you are entitled to parental rights. However, if you are not married to this parent, you will have to obtain parental rights from the court and prove that it would be in the child's best interest for you to have parental rights. A judge will consider many things when deciding whether to allow this. A judge will focus most importantly on what is best for the child but will consider the wishes of both parents as well—considering financial and health benefits or disadvantages, as well as if there is any potential for abuse or violence by granting parental responsibilities.

Requirements for Parental Responsibilities During a Divorce

Seeking parenting during a divorce requires parents to attend a parenting class. This class's primary focus is on teaching parents how to avoid hurting their children during their divorce. Both parents must complete this class within two months after being ordered by a judge. Once accomplished, a judge will make the ultimate decision.

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 Posted on March 01,2023 in Spousal Support

Alimony, which is referred to as spousal maintenance in Illinois, is financial support that may be granted to an ex-spouse who cannot fully provide for their own needs. If an ex-spouse makes a lower income, or in some cases no income at all (for example, a stay-at-home parent), they may be entitled to support from their former partner. The Illinois Marriage and Dissolution of Marriage Act details the criteria that may determine when alimony may be awarded. There are four different types of alimony that may be available in a divorce:

Temporary Alimony 

Temporary alimony is financial support granted to one spouse while the couple’s divorce is pending. This support is intended to cover a spouse’s living expenses, and it is typically awarded in situations where the parties have decided to no longer live together during the divorce. Temporary alimony ends once the divorce is finalized, and if necessary it may be replaced by a more permanent form of spousal support.. 

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 Posted on February 28,2023 in Child Custody

When determining how to handle issues related to child custody in the state of Illinois, parents are usually encouraged to attempt to share custody. Parents can work together to create a parenting plan that fully details all of the legal and physical custody decisions for the child. If they are unable to negotiate terms that they both agree with, then they may be required to participate in court-ordered mediation. In these situations, a certified mediator will help the parents communicate, negotiate, and attempt to find agreements that will work for both of them. 

If disagreements cannot be resolved through mediation, then the court will make the ultimate decision. These decisions will address both physical and legal custody. Legal custody, known as the allocation of parental responsibilities, determines how parents will make the major decisions in the child’s life. Physical custody, known as parenting time, will determine when children will spend time with each parent in their day-to-day life. When how legal and physical custody of a child will be divided between parents, the court will first and most importantly consider the best interest of the child. Several different factors will be considered when making these decisions. 

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 Posted on February 20,2023 in Family Law

The termination of parental rights is a major decision and should not be taken lightly. In some cases, parental rights are surrendered voluntarily, while in other instances, the court makes the decision that a biological parent is unfit to maintain their parental rights. Typically, termination of these rights can be decided during an adoption or juvenile case. There are multiple ways in which a court may determine if terminating a parent’s rights is in the best interest of the child. 

How Does a Court Determine a Parent to be “Unfit”?

Nearly everyone has different parenting styles and beliefs when it comes to raising a child. However, some parents may be neglectful or abusive toward their children. In these cases, a court may determine that they are unfit to continue parenting their child or children and terminate their parental rights. Some of the factors that may contribute to parental rights being terminated include:

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 Posted on February 14,2023 in Family Law

Protection orders are court orders that are placed with the intention of protecting an individual or individuals from an abusive person in their household or family. These orders are governed under the Illinois Domestic Violence Act (IDVA). Originally passed in 1982, the IDVA brings legislative recognition to the gravity of domestic violence by providing a wide range of protection to victims. We will be discussing three different types of protective orders: civil no-contact orders, orders of protection, and stalking no-contact orders. 

Civil No Contact Orders 

A civil no-contact order requires that a person who has committed sexual assault or abuse stay away from the person they assaulted. Any person who is a victim of non-consensual sexual conduct or penetration is eligible to petition for a no-contact order, regardless of age, blood relation, or romantic interest. If you are a minor or an adult with health issues that prevent you from filing yourself, you may have a parent or trusted adult file on your behalf. Filling out this petition may require someone to share details or proof of the assault. Additionally, an advocate at your local rape center can help with filling out this petition. 

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