Posted on July 13, 2015 in Domestic Violence

It can be extremely difficult to get an abusive spouse to leave your family home. You will need to file a motion with the court to have it exercise its right to order your spouse to leave. This right is known as “equitable jurisdiction.”  Under equitable jurisdiction, the court may, when necessary, take action that it normally would not take to protect an individual or uphold justice.

In a case where you or your child are being abused, you will need to prove to the court that the abuse occurred to have your spouse removed from your home. This, however, can often be difficult. If it is safe to do so, document all instances of abuse in any way possible. You may wish to provide witness testimony, photographs of injuries, or recordings of verbal threats.

You cannot kick your spouse out of your home without court intervention. Your home is shared property and your spouse has the same legal right to remain in the home as you have. Do not, under any circumstance, fraudulently accuse your spouse of abuse in an effort to have him or her removed from your home – if such action is discovered, it can have a negative impact on your divorce proceeding. If you are in immediate danger, get yourself out as soon as possible and get to a safe place. Once you are safe, contact a divorce attorney to discuss your options for removing your spouse from the home.

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 Posted on July 08, 2015 in Child Custody and Support

As a parent, there is nothing more important than the health and well-being of your child. Regardless of your own marital or personal situation, you want what is best for him or her. For parents who share custody or who are subject to a visitation arrangement, providing a safe, happy environment in both homes can sometimes present challenges, particularly if one parent is less than fully cooperative. However, it is important to remember that Illinois law has processes in place to handle such situations, and trying to take certain actions on your own can lead to unintended consequences.

Differences in Parenting Styles

If you are no longer married to or romantically involved with your child’s other parent, it is likely that you discovered that the two of you were more different than you initially realized. There is absolutely nothing wrong with parents having their own opinions, styles, and personalities. In fact, when properly discussed and negotiated, as in joint parenting agreement for shared custody situations, such differences can become a positive resource for the child, as he or she can be exposed to a wider variety of experiences.

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 Posted on July 06, 2015 in Spousal Maintenance

Are you struggling to make your monthly spousal maintenance payments? If you are like many people in today’s economic landscape, the answer may be yes. However, you understand the importance of complying with a judicial order and, despite the difficulty, you continue to find ways to uphold your end of the agreement. While such dedication is certainly admirable, you may have other options available to you, including a modification of your maintenance order. In certain situations, a modification can ease the unnecessary strain on your life and help you get back on your feet.

Change in Circumstances

Whether it was ten years ago or ten months ago, when your spousal support order was developed, it took into account your current financial state and the circumstances of your marriage. Of course, things certainly change over time and, unfortunately, not always for the better. For example, your maintenance payments were probably calculated based on your income at the time of the order. Due to the nature of the job market, your health, or a number of other factors, your current income may be drastically lower. Alternatively, your income may have remained virtually the same but increases in the cost of living or other necessary expenses may be complicating your situation.

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 Posted on June 24, 2015 in Divorce

If you are like most people, the thought of a long, drawn-out divorce seems to be torturous and unnecessary ordeal. You have reached the end of your marriage and, while there will certainly be challenges, you would prefer to complete the divorce as quickly and painlessly as possible. There is no need to complicate the process any further.

Fortunately, by approaching your divorce with the right attitude—and encouraging your spouse to do the same—the proceedings can often handled efficiently and with minimal stress. Additionally, a quick, solid resolution can also have the added advantage of reducing expenses related to legal fees and court costs. To facilitate a faster divorce process, make every attempt to:

• Clearly hear and understand your spouse: Marriage is built on compromise and a workable divorce is not really any different. You and your spouse may have differing opinions on what you believe to be fair, and it is important that you clearly understand each other. This does not mean you have to agree, but recognizing and respecting his or her perspective can help you reach a faster resolution;

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 Posted on June 22, 2015 in Child Custody and Support

Whether in divorce or following a break-up between unmarried parents, determining arrangements for custody of your child can be a very difficult process. In fact, if you are like many parents, you may be struggling with even knowing where to start. You undoubtedly want is best for your child, and for some, the best option may be a sole custody situation.

What is Sole Custody?

Legal custody of a child in Illinois refers to the responsibility of the child’s parents in making the necessary decisions related to his or her upbringing. Sole custody may be granted to one parent who then assumes full accountability for decision-making regarding the child. Conferring with the other parent is not assumed, nor is it necessary under the law in sole custody situations. There may, of course, be sole custody arrangements in which the parents choose to cooperate in making decisions, but the ultimate responsibility for them falls upon the parent who has been awarded custody.

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 Posted on June 18, 2015 in Divorce

Beginning with the introduction of California’s no-fault divorce law in 1970, divorce on the grounds of irreconcilable differences has become much more common across the country. Laws permitting no-fault divorce are now in effect in all 50 states, effectively allowing couples to end their marriage based on the partners’ incompatibility or the deterioration of the relationship. Illinois law, however, still provides for divorce on at-fault grounds which are based on the actions or behavior of one spouse.

Fault Grounds for Divorce

There are several causes for which a court may grant an at-fault divorce in Illinois. According to the Illinois Marriage and Dissolution of Marriage Act, a divorce decree can be issued when it can be shown that a spouse:

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 Posted on June 15, 2015 in Property Division

Administering and allocating accumulated debt is one of the most difficult issues for divorcing couples in Illinois. Many don’t realize it is not as simple as transferring the debt from one person to another. Divorce does not change existing contracts with third-party creditors (a credit card company, for example). Even if the court assigns a lump sum of debt to the husband upon stipulation of the divorce settlement, the wife is liable for any outstanding payments because her name is on the joint account. Both parties still assume responsibility for the debt, regardless of the impending divorce.

What is Marital Debt?

Debts are allocated between the two parties as a part of the property division phase of the divorce. In order to qualify for the division, the obligations in question must be classified as “marital”. This includes most charges sustained before and during the marriage, regardless of which spouse’s name appears on the account. All other debts are considered “separate” and remain the responsibility of each given party.

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 Posted on June 10, 2015 in Divorce

Marriage and divorce are, obviously, very complicated and personal matters. They are impacted by countless factors and contributions not only from each partner, but from children, extended families, and, to an extent, the environment in which they exist. While relationships, obviously, are affected little by arbitrary lines on a map, analyzing marriage and divorce across the United States shows some very interesting results.

Based on information collected in the American Community Survey, an ongoing social data project run by the U.S. Census Bureau, researchers have determined that residents of some states are more likely to be divorced than residents of others. According to the survey, approximately 48 percent of all Americans over age 15 are married, and about 11 percent are divorced. On a state-by-state basis, however, the numbers varied quite a bit.

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 Posted on June 08, 2015 in Family Law

Supervised visitation is usually court ordered but may also be agreed to by the parties in question. If one parent is determined to be abusive, violent, on drugs, or in another way impaired that would potentially jeopardize the safety of the children, the court may order supervised visitation. Typically in such cases, a domestic order of protection or temporary restraining order is involved in the case. In other cases, the family court judge may determine that supervised visitation is in the best interest of the child if the visiting parent has had little to no contact with the child or if the child is an infant or under the age of three.

Supervised visitation means that a third party is involved and required to be present during the parent’s visitation with their children. The supervisor must be of adult age and is generally one of the following:

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 Posted on June 03, 2015 in Child Custody and Support

For many parents, determining arrangements for their children in divorce can be very difficult. It can be especially challenging during the actual divorce proceedings as they must continue to provide for their children while negotiation or litigation continues. Some couples are able to parent cooperatively throughout the process, despite the lack of a formal agreement. Others, however, may be best served by a temporary custody order which clearly delineates each parent’s responsibilities until a final order can be determined.

Considerations in a Temporary Order

Any parent involved a custody proceeding, including one related to an order modification, can request that a temporary order be issued. Illinois law provides that the court may enter a temporary award of custody based on the same considerations of permanent custody. These include, among others:

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