Posted on December 00,0000 in Children of divorce

In any court proceeding dealing with child custody or visitation, Illinois law permits the court to appoint an attorney to represent the child or children. Due to the contentiousness that often arises between the adults in such cases, it is an unfortunate reality that sometimes the best interests of the child can get lost in the chaos. When deemed necessary, the court assigns attorneys most often as either a guardian ad litem (GAL) or as a child representative (CR).

Guardian ad Litem

While a guardian ad litem must be an attorney, its primary function is as an expert witness operating as an extension of the court. An attorney must be properly trained and certified to act as guardian ad litem. Once appointed, the GAL is granted investigative powers to determine what he or she believes to be the true best interest of the child. The GAL may interview the child, both parents, and any family members relevant to the child’s situation. He or she will also study the lifestyle and home life of the family and review any previous legal proceedings.

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 Posted on December 00,0000 in Aurora Family Law Attorney

Signing prenuptial agreements has become a common practice before marriage, especially for wealthier individuals. They ensure a person’s wealth, assets, and property will not go to his or her spouse if the marriage ends in divorce. While it is true that prenuptial agreements are difficult to challenge, there are certain circumstances under which the court may omit certain stipulations within the agreement or throw it out completely.

Divorce cases are notoriously unpredictable. The intricacies of family law tend to make every case unique, and if a person wishes to challenge a prenuptial agreement, the matter becomes even more complex. For this reason, hiring an experienced family attorney may help ensure a more favorable outcome.

There are a number of common reasons for a prenup to be thrown out during divorce proceedings. One of the simplest is proving that the paperwork contains errors that make it invalid. This strategy may involve scrupulous amounts of paperwork analysis and verification, but it is not uncommon to find mistakes in a prenuptial agreement. While simple errors might not label the entire agreement invalid, they may render certain aspects of the agreement void.

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 Posted on December 00,0000 in DuPage County divorce lawyer

The division of marital assets during divorce can be one of the most emotionally and fiscally challenging steps of the divorce process. Not only is the division of marital assets challenging because most individuals will have to undergo serious lifestyle changes to be able to carry on living in the same way that he or she was able to with a partner, but also because dividing marital assets can be the final tangible indicator that the marriage is truly over. And yet one aspect of marital asset division that makes the process even more complicated is if one partner engages in dissipation of marital assets, either before or during the divorce process.

According to the Journal of the American Academy of Matrimonial Lawyers (AAML), “dissipation in its simplest form occurs when a party conceals, conveys, or wastes marital assets during the dissolution process or in anticipation of divorce.” This can include trips or dates with a new boyfriend or girlfriend, unnecessarily risky investments or money spent on prostitution, alcoholism, or gambling. In Illinois the definition is a bit more defined. In Illinois, if either partner engages in reckless financial behavior, or activity perceived as beneficial only to one of the spouses for any reason unrelated to the marriage while the marriage is undergoing an irreconcilable breakdown, this can be considered dissipation as well. After Illinois redefined dissipation to include this type of behavior, many other states followed suit.

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 Posted on December 00,0000 in DuPage County divorce lawyer

Sadly, marriages do not always work out. According to the most recent statistics, between 45 percent and 50 percent of first-time marriages end in divorce. While some relationships face troubles from the start — troubles that are often complicated by the marriage process — other marriages develop problems later on. Whatever the reason, many Americans find themselves making the decision to file for divorce. Splitting up a marriage, however, comes with a lot of legal work, including determining what the legal grounds for divorce will be, that can seem daunting for those who are not familiar with the process.

Understanding the justifiable legal grounds for divorce is the first step in ending a marriage. Like all difficult life changes, having a network of support can make a world of difference.

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 Posted on December 00,0000 in Aurora Family Law Attorney

After signing the final divorce papers and completing all other legal responsibilities, it is time to move on to a new life. It will likely be difficult; divorce is an emotional experience, and splitting up a marriage is also a give-and-take situation. Rarely does one side get exactly what they want in a contested divorce, and even the most congenial divorces involve some sacrifices. Dealing with the emotional toll and life after divorce, however, is one that does not have a legal solution.

Divorce Involves More Than Financial Changes

Life after divorce and learning to live as single person after being married is about more than adjusting to a single source of income. Every divorce is different and poses its own set of challenges.

Spouses who have been together for years must cope with being single. Couples who have recently married might feel grief and regret, possibly mourning over “what could have been” had they only had more foresightedness.

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 Posted on December 00,0000 in DuPage County divorce lawyer

For the last 30 years, Illinois law has included specific provisions for calculating child support which provide the courts a standardized formula to increase consistency throughout the state. Spousal maintenance guidelines, however, were not specifically quantified; instead the appropriateness, amount, and duration of a maintenance order have been left to the consideration of the court. As viewpoints and opinions differ between judges, there has been growing concern that maintenance orders may depend more on which court hears the case than on the law itself.

Illinois Public Act 098-0961 was enacted on August 15, 2014, to address the inconsistency of spousal maintenance. Going into effect on January 1, the act amends the existing law to include a mathematical formula for determining the recommended amount of maintenance to be paid in most cases. Additionally, the amendment provides guidelines regarding the duration of the support order and permits the court to enforce fixed-term maintenance based on the length of the marriage.

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 Posted on December 00,0000 in Spousal Support

Alimony, or spousal maintenance as it is called in Illinois, is monetary support paid one spouse by the other, to maintain roughly the same standard of living enjoyed during the marriage, after divorce. The court will rule in favor of maintenance in Illinois, according to the American Academy of Matrimonial Lawyers (AAML), depending on, among other things: the length of the marriage, disparity in earnings of the two partners, whether there are children, and if so, who will be the primary caretaker, and whether one spouse “has given up career opportunities due to the marriage.”  Maintenance will not necessarily ensure that both partners can enjoy the same standard of living after the marriage, because living separately is, in most cases, significantly more expensive than living together.

Maintenance will be paid until the court decides it can be terminated. One major reason that an order for maintenance will terminate is if the party receiving the payments moves in with someone else. According to the AAML, the ex-spouse must be living with someone else on what is determined to be a “resident, continuing, conjugal basis.” This type of cohabitation, in regards to spousal maintenance, is currently a challenging aspect of family law, according to a recent report. The court must determine that the person receiving maintenance is in a “supportive relationship,” which can be tricky to legally prove.

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 Posted on December 00,0000 in DuPage County divorce lawyer

There have recently been several events that indicate new divorce trends. For instance, in a move of particular significance for the millions of Catholics in Illinois, the Vatican recently announced that it was softening its stance on divorce.

After the recently completed synod on marriage and the family, the committee issued a statement that there are “positive aspects of. . .cohabitation.”  The language signals a clear break from traditional church teaching that unmarried couples were living in sin. While stopping well short of endorsing such relationships, the synod also made some similar conclusions about same-sex marriages. The report stated that many gays had “gifts and qualities” that could give these people a place in the Christian community.

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 Posted on December 00,0000 in DuPage County divorce lawyer

Divorce is a frightening and heartbreaking concept, but it is a reality for many Americans. It is often the realization that the hopes and wishes of what was intended to be a happy and satisfying marriage have failed.

Whether a relatively young couple is coming to terms with the fact that their marriage is not working, or an older couple is realizing that they are no longer happier together, divorce is never easy. Added on top of the emotional troubles is the grinding legal work that is a part of the process. When children or large amounts of property are involved, divorce can become even more complicated. Facing these realities leads some couples to wonder if there are any divorce alternatives.

If it seems like divorce is a very real possibility, one of the first options available to couples is to consult with a family lawyer. Divorce is a legal termination of an agreement, so it makes sense to review the details with a professional—especially since it can impact one's financial life greatly. Every case is unique, so having an attorney review a case can offer some critical insight. It also helps to have legal representation, according to a recent report—especially if the divorce becomes a fierce legal battle.

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 Posted on December 00,0000 in DuPage County divorce lawyer

There may be a solution for separated couples who are looking for the legal formality of a divorce decree but do not want to go to divorce court. A collaborative law proceeding results in the finality of a litigated solution without the antagonism and negative emotional fallout so often associated with a traditional divorce. Collaborative law is not for everyone, but it may be the right solution for you and your family.

What is Collaborative Law?

Divorce litigation often begins with a preliminary hearing, at which a judge hears arguments then make a decision. The collaborative law model is completely different. The process begins when the parties meet face to face in a small, informal setting outside a courtroom. There is no judge, no court reporter, and no legal wrangling. Instead, the husband and wife map out plans for the end of the marriage, the fair division of assets and the future of their children.

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