Posted on November 24, 2014 in Child Custody

When their children misbehave, some parents do not think twice about spanking them. However, it might be wise to think twice in certain situations, as doing so could result in criminal charges, or could lead a custodial parent to lose custody.

Spanking is permitted in Illinois, but not in excessive doses. Child discipline can quickly become child abuse when parents, immediate family members, or any person responsible for a child’s welfare inflicts excessive corporal punishment. Spanking is only one example. Others include slapping, hitting and shoving.

The problem is recognizing the line between acceptable and unacceptable corporal punishment. Unfortunately the law is not clear. The Illinois Supreme Court has held that parents may use corporal punishment as long as it conforms to the “reasonableness” standard. But what is reasonable in one parent-child situation might not be reasonable in a different parent-child situation. Ultimately, determining “reasonableness” is a fact-based inquiry.

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 Posted on November 20, 2014 in Family Law

The U.S. Supreme Court made headlines last month when it declined to review several same-sex marriage cases, allowing the unions to proceed in those states and opening the door for them to proceed in others. That decision also affirmed the legality of same-sex marriage in Illinois. However, a recent decision by the Sixth Circuit Court of Appeals could have an impact on Illinois family law – and family law across the country – if that case ultimately winds up before the Supreme Court.

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 Posted on November 18, 2014 in Divorce

If you discover that you can no longer live with your spouse, you might assume that divorce is your only option. That is not the case, however. You could opt for a legal separation.

A legal separation works best for two spouses who live in separate residences, do not want a divorce, but do want a court order setting forth each party’s legal rights and obligations. The order might touch upon child custody and visitation rights, child support obligations, property ownership and maintenance payments. The main (obvious) difference between a legal separation and a divorce is that the couple remains married unless either institutes an action for dissolution of marriage.

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 Posted on November 13, 2014 in Child Custody

Illinois law applies the best interest standard in civil matters involving children. Divorce proceedings, child custody battles, and visitation hearings are all examples of matters where a court must consider what is in the best interests of the child. These best interests include maximizing the child’s physical, mental, moral and emotional well-being.

It is difficult to define the best interest standard precisely, because as any parent knows, what is best for one child might not be what is best for another. However, the law sets forth relevant factors for courts to consider. That list is meant to be a starting point. Courts may consider all relevant factors and not merely those delineated here:

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 Posted on November 06, 2014 in Divorce

Like physical stalking, cyberstalking is a form of domestic abuse. In fact, our increasing reliance upon electronic communication and our ubiquitous presence on social media make cyberstalking an even greater threat. You could be the victim of cyberstalking if a person uses electronic communication to follow, observe, threaten, monitor or contact you without your consent. “Electronic communication” includes – but is not limited to – transmissions via email, text message, instant message and voicemail.

Illinois law classifies three behaviors as cyberstalking. First, a person can be charged with cyberstalking if he uses electronic communication in a way that he knows – or should know – would cause a reasonable person to:

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 Posted on November 04, 2014 in Divorce

For some spouses in Illinois, uncontested divorce is an option. Sometimes referred to as a “simple” divorce, this legal end to a marriage may be considered when the divorce process will not feature disputes or negotiations. In some cases, this absence of argumentation is the result of a lack of any children or financial assets to fight over. Other times, an agreement has already been reached regarding children-related issues such as custody. If either scenario is applicable, an uncontested divorce may be executed by an experienced Illinois family law attorney. While not an option for all divorcing spouses, for those fitting the criteria, uncontested divorce can be a faster, more affordable, and less contentious way to bring a marriage to an end.

Uncontested Divorce Is Governed by the Illinois Marriage and Dissolution of Marriage Act

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 Posted on October 24, 2014 in Divorce

Illinois relies on a principle of equitable distribution in dividing marital assets and debts upon divorce. In addition to savings, real property, personal property, business interests, and investments, the division process also reaches pension benefits. The distribution of pension benefits can sometimes be a source of confusion, especially when some benefits were accrued prior to marriage, or will continue to accrue after divorce. In understanding and anticipating the impact of divorce on pension benefits, the skill and knowledge of an Illinois family law attorney is an invaluable resource.

Pension Benefits Accrued During Marriage Are Subject To Equitable Distribution In Illinois

The general rule is that a non-employee ex-spouse only has a right to pension benefits that accrued during the marriage. With regard to the division of this segment of pension benefits, there are two primary methods. In some instances, the court will divide pension rights between ex-spouses. This is accomplished via a Qualified Domestic Relations Order (QDRO). This type of order compels the pension plan administrator to assign a court-determined amount of the employee spouse’s pension to the non-employee spouse upon finalization of divorce. In other instances, rather than issue a QDRO, the court will allow the employee spouse to keep 100 percent of the pension benefits, but award an offsetting amount of other assets to the non-employee spouse.

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 Posted on October 22, 2014 in Prenuptial & Postnuptial Agreements

Weddings typically involve a lot of planning, even when you forgo a traditional ceremony for a trip to the courthouse. However, before you make too many plans, make sure that you are eligible to marry under Illinois law, and consider a premarital agreement as well.

Here are the requirements for couples looking to marry in Illinois:

• Both parties must be at least 18 years old;
• If the parties are 16 or 17 years old they may obtain a marriage license with parental consent;
• Generally, the parties cannot be blood relatives, but first cousins who are older than 50 may legally marry;
• The parties cannot already be married to someone else (this includes being in the process of divorce); and
• If a prior marriage or civil union has ended within the last six months, the party must provide a certified copy of the dissolution, annulment or death record.

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 Posted on October 17, 2014 in Divorce

If you are considering a divorce, the time and expense of a protracted court battle might affect your decision. However, if a divorce is in your family’s best interests, do not be deterred by the legal process. Divorce does not have to involve contentious litigation – it can be resolved through an amicable mediation instead.

In fact, you can address the same issues through mediation that you would address in a traditional divorce proceeding, including child custody, visitation, child support, property division, and alimony. And you can do so without the emotional drama that often accompanies litigation. When deciding whether divorce mediation is right for you, consider the following:

• Mediation is typically less expensive than a formal legal proceeding;
• The mediation process usually does not take as long as litigation, which means your divorce will be finalized sooner;

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 Posted on October 15, 2014 in Family Law

A single parent who relies on child support payments to make ends meet should not have to worry about those payments being made on time. Unfortunately, though, there are some “deadbeat” parents who not only fail to make timely payments, but who fail to make payments at all.

Illinois law provides procedures to enforce child support obligations. But what happens when the parent who is obliged to make payments lives out of state?

Illinois adheres to the Uniform Interstate Family Support Act, which provides rules for establishing, enforcing and modifying child support orders when there is more than one state involved. One of the principal concerns that the Act addresses is personal jurisdiction – the power of a court over particular parties. Generally an Illinois court does not have personal jurisdiction over an out-of-state resident, unless that resident has ties to the state.

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