Posted on December 00,0000 in Visitation

When a couple with children breaks up or gets divorced, it is often the children who get caught in the middle. Along with the other considerations inherent to the proceedings, the divorcing parents are faced with deciding how to divide parental responsibilities and parenting time. This concept used to be known as child custody in Illinois, but changes to the law have updated the language being used by the courts. Regardless of what it may be called, determining who will be responsible for your child and where he or she will live are serious concerns with many factors to be considered. Some people may be surprised to learn that the child’s wishes are, by law, expected to be part of the equation.

What the Law Says

According to the Illinois Marriage and Dissolution of Marriage Act, a child does have some say in how parental responsibilities and parenting time are allocated by the courts. The court, however, will not base its decision solely on the child’s wishes; they are a part of the bigger picture. Other factors, as one might expect, include each parent’s ability and willingness to provide for the child, allegations or history of abuse, and the relationship each parent has with the child.

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 Posted on December 00,0000 in Illinois family law attorney

In millions of homes around the country, dogs and cats are simply part of the family. It never even occurs to many couples that a divorce could impact the relationship they have with their furry friends. There are, of course, pages and pages of laws that deal with how the best interests of children are protected when their parents get divorced, but what about companion animals? It may come as a surprise to many, but, as of now, statutory law is relatively silent regarding household pets and how they should be handled in divorce.

No Mention of Pets

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) contains virtually all of the legislative provisions applicable to an Illinois divorce. Despite the prevalence of household pets around the state, the law does not make a single reference to animals, pets, dogs or cats. This has essentially forced divorce courts to treat companion animals as property. Historically, the responsibility for the care of household pets has been allocated based on when the animal was acquired and which spouse provided for its care during the marriage. While such decisions are not always ideal for pet lovers, there is no basis for a court to determine otherwise.

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 Posted on December 00,0000 in Divorce

We all have second thoughts about tough decisions. In fact, that is exactly what makes them tough decisions. The decision to end your marriage is probably the most difficult one you have ever had to or will have to make. Despite advertisements and promises to make your divorce easy, the reality is that divorce is a major life change that alter a person and a family forever. If you are considering taking steps in that direction, it is absolutely crucial that you give yourself time and space to consider all of your available options before making any final decisions.

What the Law Says

It is often said that half of all American marriages today will end in divorce. While there are many reasons to believe that this number is exaggerated, there is little question that divorce is common. The law in Illinois, however, seems to take the process much more seriously than the general public. The Illinois Marriage and Dissolution of Marriage Act does not promise to dissolve a marriage just because one spouse requests it. Instead, a divorce can only be granted if a court finds that irreconcilable differences have caused the marriage to break down and that “efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. This means that you and your spouse are expected to do everything you can to save your marriage before you ask the court for a divorce.

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 Posted on December 00,0000 in Collaborative Law

For most people, the word divorce brings to mind images of a husband and wife waging war against each other, fighting over who will get custody of the children, the house, and even the family dog. Divorce, however, does not always have to be so acrimonious, as many couples who decided to go the route of collaborative law instead of traditional litigation have found.

In collaborative law, a couple will work together to mutually decide how all issues will be settled within the parameters of a dispute resolution process. The couple, along with a team of professionals, have complete control over how their marriage will end and all of the inherent considerations. They make the final decisions regarding child custody (parental responsibilities), asset and property divisions, and whatever other issues each individual couple may have to settle.

Reestablishing Important Skills

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 Posted on December 00,0000 in Child Custody

When you are involved in a dispute regarding parental responsibilities or parenting time, it can difficult for the court to determine an ideal resolution. While judges and attorneys are well-versed in the law, they may not have such a clear picture of your family’s unique situation. The documents and evidence that you and the other parent present during the proceedings can provide a glimpse into your life, but are often not enough, especially if one or both of you are not being totally honest. In such cases, the court may order a professional evaluator to review your family’s circumstances.

What Will an Evaluator Do?

An appointed custody evaluator may be utilized to help the court develop an understanding of how each of you is equipped to provide for your child. The evaluator may visit interview each parent and the child, visit each parent’s home, and gather information that will help the court in making a decision regarding the child’s best interests. He or she is required by law to prepare a comprehensive report documenting the data collected as well as his or her conclusions and recommendations about how the court should decide.

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 Posted on December 00,0000 in Children of divorce

It is widely accepted that going through a divorce is one of the most frustrating and stressful events a person can experience. Feelings of anger, guilt, regret and annoyance are common. Children can complicate the divorce process even more.  Parents may feel threatened that they will not receive the custody agreement they want or that the other parent will try to turn the children against them. As stressful as the experience for the adults who are ending their marriage, the situation can be even more frightening and confusing for the children in the middle of it. Fortunately, there are steps you can take to make the transition from married to not married easier for the smallest members of your family.

There Are No Winners in a Divorce

Mark Baer, collaborative law attorney and co-author of  Putting Kids First in Divorce: How to Reduce Conflict, Preserve Relationships and Protect Children During and After Divorce says that the first step is to have the right mindset about the divorce. Often, those going through a divorce have unresolved anger toward their spouse. He or she may have been cheated on or lied to, causing serious issues regarding trust. The memory of screaming matches or harsh words may still be fresh. Sometimes this means that the temptation to “get back” at a spouse can be strong.

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 Posted on December 00,0000 in Parenting Time

Throughout the state of Illinois, guidelines regarding visitation and child custody—now called parental responsibilities—have been established for divorcing parents who are in the process of making new parenting time transitions. These transitions affect the entire family. Not only do they impact the child’s lifestyle as a whole, but they also have the power to seriously alter the child’s perception of the separation. A smooth transition can mean the difference between a calm, positive experience for your child and an emotionally turbulent, traumatic one.

Your Role as Parent

As a parent undergoing a divorce, it is understandable to struggle with the many changes that come with such a big lifestyle shift. It is not uncommon for parents to experience conflict in front of their children, especially when it comes time to make parenting time (visitation) arrangements and address the allocation of parental responsibilities (child custody). This is why state and county guidelines exist: to protect the well-being and the best interest of the children. The advantages of these guidelines are twofold. In addition to reducing the emotional toll on the children, parents also benefit by learning better communication and conflict resolution skills, often allowing them to mitigate much of their own stress as well.

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 Posted on December 00,0000 in Divorce

While divorce experts often claim that disagreements regarding money are the most common reasons for a married couple to seek a divorce, few things can degrade a relationship as quickly as infidelity. In many cases, of course, cheating is a symptom of much deeper issues in the relationship, but the irreversible act is often what causes the most heartbreak and feelings of betrayal. These emotions can quickly lead to a breakdown of the marital relationship, pushing a couple down the path toward an eventual divorce.

A cheating spouse will normally take steps to conceal their behavior, but there will often be warning signs. If you suspect that your spouse may be having an affair, you may want to look for:

• A renewed interest in his or her hygiene and personal appearance: Has your spouse suddenly started exercising again after years of relative inactivity? Maybe he has changed the way he wears his facial hair without asking for your opinion. Perhaps she has started wearing “going-out” makeup more often than usual. Unexplained focus on personal appearance could be sign that there is someone new he or she is looking to impress;

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 Posted on December 00,0000 in Division of Property

For those who have never experienced divorce, there are often many myths and misconceptions that surround the process. One of the most common of these is the idea that when a couple gets divorced, each spouse is entitled to half of the couple’s property, regardless of where, when, or how the property was acquired. In Illinois, the reality is much different, as state law is very specific about what property is subject to division and that marital property is to be divided equitably, not necessarily equally.

Marital and Non-Marital Property

The first step in equitably dividing marital property in a divorce is determining what, exactly, is marital property. According to the Illinois Marriage and Dissolution of Marriage Act, any property that is acquired by either spouse in the course of the marriage is considered marital property. There are limited exceptions to this rule, as assets acquired by gift or inheritance are considered non-marital property. Once the marital estate has been established, the value of each marital and non-martial asset must be determined so that the next stage of the process can begin.

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 Posted on December 00,0000 in Illinois family law attorney

Blended families come in many shapes, sizes, colors, and backgrounds. Some adopt to grow or start their families. Others have divorced and now have one single parent, or two partial or complete sets of parents and stepparents. Then there are those with a stepparent who is filling a gap that was created by an absentee or deceased parent. Though not the child’s biological parent, these stepparents provide a love, acceptance, and support that completes the family. In these instances, a stepparent adoption might be appropriate. Learn how to determine if it might be right for your family, and how you can move forward with the process.

Benefits of Stepparent Adoption

When you are already an active and influential part of a child’s life, it might seem redundant to file for adoption. However, there are some key benefits to stepparent adoption – namely the ability to assert legal rights to the child you already love. This right would allow you to seek parenting time, should your current marriage in divorce. It also gives you the ability to act as legal guardian if your spouse is unable to do so. Some examples of situations in which this might be helpful could include a medical emergency or an accident that leaves your spouse incapacitated.

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