Posted on March 26, 2018 in Collaborative Divorce

Most people who divorce choose to go through standard divorce proceedings, in family court. However, many are unaware that this is not the only option, especially if you and your spouse have a good working relationship. Mediation or another form of alternative dispute resolution can often be quicker and less involved, which means that less time and money will be spent on hashing out minutiae.

The Strengths

The main strength of mediation, as opposed to a courtroom divorce, is that much more agency is left in your hands, and many legal decisions will be entirely yours and your spouse’s - indeed, unless your mediator is an attorney, they are prohibited from offering legal advice at all. That said, it can be highly advantageous to use a mediator that is an attorney, because then they will know the law and can offer guidance on more small details of the process. Even if your mediator has a law license, they cannot demand you or your spouse do anything; they can simply advise you as to the legality of any idea you may have.

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 Posted on March 19, 2018 in Chicago criminal defense lawyer

Sometimes, young people make mistakes. When that happens, Illinois law allows them to be tried in juvenile court as long as they are under the age of 18. If your child has been arrested or charged with a crime, the matter will be handled in a very different way than it would be in an adult courtroom. Nonetheless, ensuring you have a good attorney to help your family through the process can make things easier on all involved.

Many Differences

Unlike proceedings in regular court, juvenile proceedings have differing nomenclature and require different people and things. For example, representation by an attorney is required in all cases in Illinois juvenile court, and in most cases, a putative offender’s parents are also required to be present. Also, under Illinois law, minors who commit crimes are not seen as criminals, per se; rather, they are seen as “delinquent minors,” and the focus in most juvenile cases is intended to be on rehabilitation, rather than retribution. This does not always play out, but the general slant of the law pointed is in this manner.

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 Posted on March 12, 2018 in Child Custody

If you and your spouse have any children, one of you will be ordered to pay child support starting after your divorce proceedings, as well as possibly spousal support. While the court’s decision must stand for the moment, it is possible to modify either support order after enough time has passed. The law holds that there must have been a “substantial change in circumstances” in order to do so, however, and that vague term can sometimes cause confusion.

Timelines Matter

Unlike in other states, a child support or spousal support order may be modified by the court anytime after its entry, though the timing will be scrutinized to ensure that it is being requested for appropriate reasons. (In other words, a modification requested solely to vex the other parent will not only be denied, it may result in a contempt of court citation for the requester.) Also, any support obligation that is already due and owing may not be retroactively modified, even if your request is granted.

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 Posted on March 05, 2018 in Domestic Violence

On a lot of occasions, people who are charged with a crime might only be familiar with the offense because of television and pop culture. This is especially true for many domestic violence defendants, who are often unaware that what they have allegedly done even falls under the specter of domestic violence. If you have been charged, being able to separate fact from fiction about Illinois’ domestic violence law can make all the difference.

Domestic Violence Law

Contrary to what one sees on television, Illinois’ domestic violence law is far-reaching, covering much more than just spouses. The statute defines domestic violence as a crime against a household member and specifically defines household members as including spouses, but also many others. Household members include spouses, former spouses, parents, children, stepchildren, any other blood relative, and many other categories of a person both related and not related by blood to the alleged abuser.

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 Posted on February 27, 2018 in Family Law Blog

Grandparents are an integral part of the family, but they have limited legal rights when it comes to visiting their grandchildren. Grandparent visitation often becomes an issue when parents divorce. The custodial parent generally has the right to decide who spends time with the child, and he or she might not want the child spending time with the other parent’s side of the family. In that case, do the grandparents - and other non-parent family members - have any legal options?

Non-Parent Visitation Rights Under Illinois Law

Illinois law provides limited protections to grandparents, great-grandparents, siblings, and stepparents seeking visitation time with a child. The law defines “visitation” as “in-person time” with the child, but it can also include electronic communication such as texting and talking on the phone. (Note that “siblings” include half-siblings and stepsiblings.)

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 Posted on February 20, 2018 in Child Support

Statistics from the National Center for Higher Education Management Systems (NCHEMS) show that approximately 62 percent of Illinois high school graduates go directly to college in the following year, with that number on the rise. If your children decide to go to college, you may have an obligation, even if you are divorced, to help contribute to that fund. Being armed with the relevant information can help you understand the extent of your responsibility to contribute, if any, versus anything you may personally elect to contribute.

Illinois Law on “Non-Minor Support”

As with most aspects of family law, an Illinois court will usually only get involved in the issue of college expenses if the two divorcing parents cannot agree on the obligations (or lack thereof) of each party during their divorce itself. If a court does have to get involved, the relevant Illinois law is fairly specific about obligations in some aspects, but others are left almost entirely up to the interpreting authority. It is referred to as the law of non-minor support (even though some college freshmen may be under the age of 18 when they begin school).

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 Posted on February 13, 2018 in Division of Property

Asset distribution in divorce is almost never easy. However, in some cases, it can be made more complex if there is suspicion that your spouse is hiding something. Whether information or assets, if your spouse is not being honest, it is a problem. Fortunately, there are remedies available under Illinois law.

How to Spot Irregularities

As a general rule, couples in the U.S. can be less than honest with each other regarding financial affairs. A 2016 poll from the National Endowment for Financial Education (NEFE) showed that as many as 40 percent of married people hid a major purchase from their spouse or took money out of joint accounts without discussion. During a marriage, this may be able to be solved with discussion or counseling - but during a divorce, or if the purchase is not disclosed during the divorce, it can be a significant issue.

The easiest way to spot such irregularities is to look for large gifts or purchases from your spouse to friends or family, however, there are other ways. Sudden secretive action or a refusal to share information with you that has been forthcoming in the past is another red flag. For example, suddenly being unwilling to allow control of family accounts can be a sign that a spouse is working on draining them. Another thing to look out for is a stated reluctance or excuse for not bringing home a paycheck. In some industries, it is possible to defer paychecks or other salary until after a divorce so that that money does not have to be divided.

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 Posted on February 08, 2018 in Child Custody

During a divorce or custody proceeding, a phrase that comes up with regularity is the “best interests of the child.” This is the standard used by the court to arrive at final decisions on issues like parenting time, but it can sometimes be defined in confusing ways, especially because the same standard can be used for multiple different issues. If you are going to court to discuss custody issues, having an idea of what this standard actually means can be a big help to you.

Parents’ Decisions Usually Honored

First and foremost, it helps to know that the court will only become involved in custody-related questions in some cases, not all. Generally, a court will honor any agreement that you and your spouse come to regarding parenting time, support, and any other issues like healthcare or education unless that agreement can be shown to be manifestly unreasonable. For example, the court will not permit a couple to put all the financial burden of care for a child onto the spouse who makes less money. If you cannot agree or the agreement is unconscionable, the court will step in.

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 Posted on January 29, 2018 in Division of Property

When two people with significant assets decide to divorce, they may encounter issues that do not appear in a divorce involving very little marital property, not least of all with asset division. People who marry with high-value assets in their possession will understandably want to take steps to ensure that they retain them, rather than having them be part of the equal distribution that makes up a marriage. There are multiple ways to do this under Illinois law.

Prenups in Illinois

Prenuptial agreements are the most common way to protect assets for most couples. Illinois law is fairly straightforward regarding them, holding that they are enforceable unless made under duress, or if one party’s signature was obtained through fraudulent means. There must be a full accounting of each party’s financial information before it can be deemed that both spouses have enough information to properly execute the agreement. Coercion is also sometimes an issue, and a court will look at the timing of the agreement and of both signatures - for example, if a wife is only given one week before the wedding to examine and sign a prenup despite having extensive assets, coercion on the part of the husband may be indicated.

It is permissible to contract under these agreements regarding almost anything that is not against the law, or against the public policy of the state of Illinois. However, there are issues that spouses will try to contract for that the court will not allow. For example, child support may not be contracted for, because it is a right that belongs to the child, not the parent - thus, any child of the marriage is not technically born at the time of the agreement’s creation, so their rights cannot vest.

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 Posted on January 22, 2018 in Spousal Maintenance

In many Illinois divorces, spousal support, also called maintenance, is granted to one spouse, usually the one in a lower income bracket. However, contrary to perceptions in popular culture, it does not last until death. There are multiple occasions when spousal support can legally end before the ex-spouse’s passing, and if you or your spouse may be in one of these situations, it can save you time and money in the future.

Types of Maintenance

In determining what type of maintenance should be awarded (if any), the court will examine a laundry list of factors, intended to accurately assess the needs of the spouse with less capital against the potential cost to the spouse with more assets. Some of these factors include the present and future earning capacity of both spouses, the length of the marriage and the standard of living established during that time, and any previous agreement made by the spouses, such as a prenuptial agreement, that might affect any part of marital asset division. The cessation of spousal support payments depends mostly on the type granted, as depending on which type is awarded, sometimes support may end on its own.

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