Posted on April 27, 2016 in Child Custody and Support

Too often, parents who are going through a divorce focus their energies on fighting with one another rather than on finding workable solutions for raising their children. Under Illinois law, divorcing parents are expected to develop a cooperative plan that addresses the allocation of parental responsibilities—once called child custody. Such an agreement, however, is not always possible, and the matter is left to the court to decide. During the proceedings, each parent will the opportunity make his or her case, which will be taken into account by the judge. But what about the child? Does the child get a say in how parental responsibilities are allocated?

The Wishes of the Child

The Illinois Marriage and Dissolution of Marriage Act clearly provides that, yes, the wishes of the child are to be considered by the court in a proceeding related to decision-making responsibilities or parenting time. The law, however, does include an important caveat. The court must also take “into account the child’s maturity and ability to express reasoned and independent preferences.”

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 Posted on April 25, 2016 in Adoption

There are countless reasons that parents may consider putting their child up for adoption. In most cases, they believe that doing so will give their child a much better opportunity at a happy, healthy life. A large percentage of adoptions in Illinois involve single mothers who feel that they are not able to provide properly for their child. The choice of a single mother to make her child available for adoption is, undoubtedly, a difficult one, but what about that child’s father? Does he have any say in the process?

Your Rights as a Legal Father

If you are the legally-recognized father of a child that is being placed for adoption, the proceedings may not continue without your consent. In most cases, you must be willing to voluntarily terminate your parental rights. It is possible for your parental rights to terminated against your will, but only if you are found to by the court to be an unfit parent. Grounds for such a finding include abandonment of the child, failure to maintain interest, concern or responsibility, neglect, repeated physical or emotional abuse, substance abuse, and other negative behaviors.

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 Posted on April 20, 2016 in Property Division

During the divorce process, as you probably know, you and your spouse will need to divide your marital property between the two of you. If you are not able to reach an agreement regarding who will get what assets, the decision will be left to the court. In such proceedings, the court will first identify what property is to be divided, establish the value of the property, then allocate it equitably—not necessarily equally—in accordance with considerations contained in Illinois law.

In many cases, identifying the marital estate can be rather challenging, despite seemingly straightforward statutes that govern the disposition of property. The Illinois Marriage and Dissolution of Marriage Act provides that marital property is any asset acquired by either spouse during the course of a marriage, except property that was received by one spouse as a gift, inheritance, or in exchange for other, non-marital property. Pretty simple, right? If you earned or received it during the marriage, the asset is probably part of the marital estate and subject to division.

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 Posted on April 18, 2016 in Mediation

For many working individuals, it can be nearly impossible to find time during the business day to do anything related to their personal lives. You are probably familiar with the struggle, as you, for example may have to cram a trip to the bank, the post-office, and your accountant’s office all into your lunch hour. Add in a doctor’s or dentist appointment and forget it; you will probably need to take a day off work. If you are considering a divorce, your scheduling challenges are just beginning, no matter how busy you already may be. Many law firms and, of course, the courts are only available during “normal business hours,” typically between 8 am and 5 pm, Monday through Friday. With such limitations, how can you be expected to make any progress in your divorce while maintaining a full-time job? Fortunately, divorce mediation may provide a solution.

Increased Flexibility

Mediation in a divorce case can offer a number of possible benefits, including reduced stress, lower costs, and increased compliance with a negotiated settlement compared to a litigated judgment. For many couples, however, the customizable schedule of the mediation process is extremely attractive. To move forward in a litigated divorce, you and your spouse must each meet with your respective attorneys, file your motions with the court, wait for a court date to be determined, then appear to argue your case, all of which takes time and must usually occur during the busiest part of your days.

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 Posted on April 13, 2016 in Divorce

For many generations, a couple who sought to end their marriage in the state of Illinois could only do so based on the behavior of one spouse. In order to obtain a judgment of divorce, a petitioning spouse had to show that the other spouse was at fault for the breakdown of the marriage. Over time, however, the laws of the state were amended to reflect evolving societal values, eventually adding no-fault divorce as an option for those in unhappy and unhealthy marriages.

Fault Grounds and the Introduction of No-Fault Divorce

For much of America’s history, spouses who were unhappy in a bad marriage were essentially stuck. Of course, it was possible to get a divorce if the other partner cheated, was mentally or emotionally abusive, abandoned the family, or chronically abused drugs or alcohol, along with several other serious at-fault grounds. This meant, however, that without such behaviors, there was virtually nothing a person could do to end the marriage. Even the process of divorce was much more complicated, as the alleged fault had to be proven.

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 Posted on April 11, 2016 in Child Custody and Support

Run a quick search on any parenting or legal advice forum and you will see a fairly common concern. Many single parents—mothers, most often—have built a life for themselves and their children based on sole custody situations. The arrangement may have been the result of a court order or as a default scenario due to the other parent’s disappearance from the child’s life. However it may have happened, the child’s reality is a life with just one parent who saves, sacrifices, and manages to make it work.  

So what happens when the absent parent suddenly decides he wants to participate in the child’s upbringing? If he pushes the issue, will the court upset the stability the custodial parent provides? Under the law, the court does have such authority, but, in doing so, must always consider the child’s best interests.

Sole Custody and Significant Decision-Making Responsibilities

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 Posted on April 06, 2016 in Mediation

When you and your spouse recognize that divorce is inevitable, you will probably start looking for ways to simplify the process and alleviate the associated stress. Many couples are able to negotiate a fair and reasonable settlement agreement through mediation, as well as through other types of alternative dispute resolution. Mediation, when appropriate, can allow a couple to resolve their differences while, for the most part, avoiding the contentiousness of courtroom litigation. The value of mediation cannot be overstated, but it is important to realize that, sometimes, this approach may not be the best for your particular situation.

Uncooperative Parties

Divorce mediation requires both parties to meet with a third-party facilitator for constructive negotiation sessions. The process requires each spouse to remain fully invested in working toward an agreeable outcome. In many divorce cases, though, the relationship between the spouses has deteriorated to the point where cooperation is simply not possible. Anger, resentment, and other emotions may prevent productive communication, which is a basic element any mediated proceeding.

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 Posted on March 28, 2016 in Domestic Violence

Accusations of domestic violence are all too common in family law cases. While there is no doubting the serious problem of domestic violence among families in Illinois, sometimes the accusations are not true. If you have been accused of domestic violence, you need to understand what you can do in family court to defend yourself.

Protective Orders and Temporary Restraining Orders

Victims of domestic violence in Illinois are able to apply for a protective order or a temporary restraining order without any advance notice to the alleged abuser. The judge will issue the order if the victim’s application meets all of the legal requirements.

Once the order is issued, a law enforcement officer will then serve a copy of the order on the alleged abuser. These initial orders are not permanent. Before they can become permanent, the court will hold an evidentiary hearing.

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 Posted on March 24, 2016 in Divorce

Whether they always make it clear or not, children are remarkably observant. If your marriage is falling apart, your children may even realize that something is wrong before you do. This reality, however, does not make it any easier to tell them that you and their other parent are getting divorced. Choosing when to have the conversation, obviously, is an important consideration, as you do not want to break the news for the first time while one of you is literally walking out the door. There are few things to keep in mind as you figure out the best time to talk to your children.

No Turning Back

Your children rely on you and your spouse for stability. This, of course, is part of what makes many divorcing parents feel like they have failed. Divorce is not an acknowledgment of failure; rather, it can be the doorway to happier and healthier situation for everyone involved. However, it should not be taken lightly. Do not tell your children that you are separating or divorcing unless it is actually going to happen. Children are resilient, but most will not deal well with a “we told you we were getting divorced, but we changed our minds” approach. If you have decided to separate but have not made a decision on divorce yet, tell your children that. Explain that you are not sure what will happen, but that their current reality is changing.

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 Posted on March 21, 2016 in Guardian ad Litem

If you are—or expect soon to be—in the midst of a complicated child-related legal dispute, there is a very strong possibility that the court will appoint a guardian ad litem to assist in the case. A guardian ad litem, or GAL, works essentially as an extension of the court in matters relating to allocating parental responsibilities—formerly child custody—adoption, guardianship, parental relocations, and any other proceeding that is expected to impact or protect a child’s best interests. While it may be useful to have a trained, objective attorney helping the court make a decision in your case, you should be aware that the services of a GAL are not usually free, and the court itself will probably not be picking up the tab.

Filing of Fees to the Court

Within 90 days of being appointed, the GAL must present a detailed invoice to the court and both parties for services rendered. These services include the GAL’s assigned duties to investigate the circumstances of the family’s situation, to interview appropriate parties, and to prepare a recommendation. If the GAL has been required to testify in court, he or she may include this time in the invoice as well, along with any other reasonable expenses incurred. Should the GAL’s services be required beyond those contained in the original invoice, he or she must file a new invoice every subsequent 90 days.

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