Posted on May 16, 2014 in Divorce

More than a quarter century ago, George Strait, an American country recording artist, released one of his most popular songs, All My Ex's Live in Texas. What may have been lyrical for Mr. Strait does not necessarily hit the high notes for the rest of U.S. divorcees.

Recently reported by The Huffington Post, Texas did not even rank in the top 10 states that may sway your marital success. The American Community Survey (ACS) ranked the following cities and their respected states as possibly hazardous to your wedded bliss:

Texas may be off the hook, but for those couples residing in Panama City, Florida, or any of these top 10, perhaps a change in address may be a considerable option. So what about Illinois?

Continue Reading ››

 Posted on May 09, 2014 in Domestic Violence

Despite implementation of tougher domestic violence laws in the past two decades, each year thousands of Illinois residents are victimized. In 2013, Illinois domestic violence programs served 44,318 adults and 8,168 children. Illinois child custody laws consider the presence of domestic violence when making an award of custody. Unfortunately, this means that some parents will make false allegations of abuse in an attempt to gain custody.

If you are in the midst of a child custody case that involves domestic violence allegations (whether you are the victim or the victim of false allegations), you need an experienced Palatine child custody attorney who understands the dynamics of domestic violence and the potential implications on your case.

Domestic Violence as Best Interest of the Child Factor

Continue Reading ››

 Posted on April 29, 2014 in Divorce

While filing for a divorce is never easy, there are several things that you can do to make the process easier. According to Forbes magazine, you can give yourself a significant advantage in a divorce proceeding by filing first.

Being first to file for divorce has a few legal advantages in Illinois. Firstly, if you and your spouse have been separated and live in different counties, filing first allows you to have the divorce decided in the jurisdiction where you reside. Additionally, it allows you to be the first person to present your case at trial, if you should choose to do so.

Choosing to be the first to file for a divorce has several other serious advantages as well. First of all, you can assemble a file with copies of all of your important paperwork, including bank and income statements for both you and your spouse. This may prevent your spouse from attempting to hide assets later. It also allows you the time you need to prepare for the financial impact that divorce will have on your life, as well as save the funds you will need to hire your qualified divorce team.

Continue Reading ››

 Posted on April 23, 2014 in Division of Property

You struggled with the decision, but you finally concluded that divorcing your spouse will be the best course of action. You are a stickler for detail, and before you contact an experienced Illinois divorce attorney, you want to secure all personal documentation that may later be requested.

According to About.com's Divorce Support, having documents readily available to your attorney will ultimately alleviate any confusion and make the negotiation stage of the divorce run more smoothly. It is also suggested that presenting your attorney, and later the courts, an organized and complete document file provides you with more support of your case.

It is further recommended that you construct your divorce document checklist in this order:

Income

• All paycheck stubs for all sources of employment for the past year;

  Continue Reading ››

 Posted on April 16, 2014 in Grandparent Rights

In a perfect world, children would be raised by their parents. But today, an increasing number of parents are unable to care for their children. In Illinois, 101,951 children under the age of 18 are being raised solely by their grandparents. Whether due to the death of both parents, substance abuse, mental illness, neglect and abandonment or other reasons, an increasing number of grandparents are turning to the Courts to be formally appointed guardians of their grandchildren. Types of Grandparent Guardianship of Grandchildren in Illinois

There are two types of minor guardianships in Illinois - guardianship of the person and guardianship of the estate. You may petition the Court for appointment as one or both of these guardians. There is no requirement that you serve in both capacities.

Continue Reading ››

 Posted on April 07, 2014 in Child Custody

One of the sad realities of divorce is that each parent has less time to spend with their children. But in 2013, the Illinois legislature passed a law that would maximize the amount of time parents can spend with their children, regardless of the final division of child custody. The new law, which amended the Marriage and Dissolution of Marriage Act, went into effect on January 1, 2014, and allows the Court to grant parents a right of first refusal for child care in child custody and visitation agreements.

The Right of First Refusal in Child Custody Cases

A right of first refusal gives the non-custodial parent (the parent who is not currently caring for the child) the right to provide child care if the other parent needs a babysitter or other child care provider. For example, if the mother has primary custody but must put the children in daycare during the week while she works, she must first offer the father the opportunity to care for the children. If the father accepts, then he will be able to care for the children while the mother is at work, without the extra time being counted against his regularly scheduled visitation. If the father refuses, then the mother is free to put the children in daycare.

Continue Reading ››

 Posted on March 30, 2014 in Child Custody

Roughly half of all Illinois marriages end in divorce. The number of women going the nontraditional route of children first, marriage later (and often to partners who are not their child’s parent) is also rising, particularly among women who have children in their 20s. These two facts combined result in a society in which blended families have become commonplace. And contrary to the myth of the cold, selfish and jealous stepparent, many play a pivotal role in raising their partner’s children, and grow to have loving, caring relationships with their stepchildren.

But this relationship may be severed completely if the death or disability of the child’s parent results in custody being given to the non-custodial parent or grandparents, who may hold ill-will toward the stepparent. In these situations, Illinois law grants a stepparent the right to petition the Court for visitation.

Continue Reading ››

 Posted on March 26, 2014 in Grandparent Rights

Many of us know doting grandparents. They often brag about their grandchildren’s every accomplishment and share an endless stream of photos on Facebook (the digital equivalent of photo-stuffed wallets). And grandparents undeniably have a lot to offer their grandchildren, such as a link to the past, unconditional love and valuable advice on the future.

But what if the grandchildren’s parents refuse to allow the grandparents visitation rights? Do the grandparents have the right to visitation? The answer is yes, under specific circumstances.

Illinois Law on Grandparent Visitation

In 2005 and 2007, Illinois amended the Marriage and Dissolution of Marriage Act to allow grandparents, great-grandparents and siblings to petition the Court for visitation. The law presumes that a parent’s decision denying contact between grandparent and grandchild does not harm the child’s physical, emotional or mental health. Therefore, the grandparents have the burden of proving that the parents’ denial of visitation is “unreasonable” and harms the child in some way.

Continue Reading ››

 Posted on March 17, 2014 in Divorce

We often hear about domestic violence issues when celebrities and athletes are involved. As many Illinois residents know though, domestic violence is a significant problem in the rest of the population of the United States. According to the American Psychology Association, one out of every three women has experienced abuse by her partner in her lifetime. Domestic abuse affects every age, ethnicity, and class.

The latest newsworthy allegation involves Raymond Felton, a basketball player for the New York Knicks. His wife alleges that Mr. Felton threatened her with a firearm. While the facts are not yet established in the case, according to reports, Ms. Raymond-Felton did not wait for violence before getting help; she sought out support as soon as she was threatened.

Continue Reading ››

 Posted on March 13, 2014 in Divorce

Filing for divorce is almost always a difficult and time-consuming process for all parties involved. When the parties cannot agree on various terms and conditions necessary to the finalization of the divorce, such as how to divide assets, child support, and child custody issues, emotions can get hot. The “traditional” divorce involves litigating the matter within the court system. The process of traditional litigation ultimately means that crucial decisions are made by a judge, and not by the individual parties. In addition, a litigated divorce is often more costly and time-consuming than one settled through other channels.

As a result of these challenges, many couples are now choosing to turn to mediation to settle the issues that accompany any divorce, including division of marital assets, benefits from pension funds, maintenance, issues regarding child support, custody, and visitation.

Continue Reading ››