Posted on August 15, 2014 in Child Custody

Children often suffer when their parents separate or divorce, especially if they find themselves in the middle of a heated custody battle; or, even worse, if they are caught in a second battle after custody has already been “settled.”

A court initially decides child custody based on the child’s best interests. While that court order may be modified, the petitioner must prove that either the child’s or the custodial parent’s circumstances have changed in a way that justifies uprooting the child. (A re-evaluation of the child’s best interests alone is not enough to justify modification.) This is not always easy to prove. In fact, it is easier to win a custody battle in the first place than it is to convince a judge to grant a custody transfer, because Illinois law is biased in favor of the initial custody determination. In other words, the law prefers stability for the child instead of continuous upheaval.

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 Posted on August 12, 2014 in Divorce

Divorce can be a long, contentious process—so much so that you might not contemplate how life will be different as a newly single adult. But there are a few decisions you need to make about life after divorce. For example, if you took your spouse’s surname when you married, should you consider reclaiming your maiden name?

Illinois law allows spouses to assume their partner’s surname without a formal court petition. An Illinois marriage license is the only proof you need to change your name on your Social Security card and driver’s license. After you have taken this step you may update credit card, passport, and other identifying information. Despite the relative ease of adopting your spouse’s surname, the process might ultimately be a hassle depending on the number of people and companies you have to inform and the number of forms you have to fill out.

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 Posted on August 08, 2014 in Divorce

When a couple marries, both parties enter into the relationship voluntarily. Unfortunately, the same cannot always be said for a couple that divorces. One party might want to end the marriage, while the other party might be looking for a way to save it. However, once a spouse files a divorce petition, it is probably too late for the non-petitioning spouse to preserve the marriage. Illinois law allows spouses to contest the grounds of a divorce, but an attempt to legally deny it all together will likely be futile.

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 Posted on August 05, 2014 in Divorce

While custody battles are typically associated with fights over who gets the children, the reality is that fights over who gets the family pet can be equally contentious. More than half of Illinois households have a pet, and many of those households likely view their pet as a member of the family. This can create problems when a pet-owning couple divorces.

Illinois law traditionally treats animals as personal property. In a divorce proceeding, the general rule is that the family pet will be awarded to one party or the other. There is no provision for joint ownership. Illinois is an equitable division state, meaning that property will be apportioned fairly but not necessarily equally. Of course, what is fair financially might not be fair emotionally. Some judges recognize this and choose to treat pet custody issues similarly to child custody issues.

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 Posted on July 15, 2014 in Child Custody

When a parent is not granted custody of his child, he is entitled to reasonable visitation rights, unless the court determines that visitation would seriously endanger the child’s physical, mental, moral or emotional health. Traditionally, "visitation" means in-person time spent between a parent and child, but it might also include electronic communication such as phone calls, email, or Skype.

Since the noncustodial parent is entitled to reasonable visitation rights, the court may not restrict those rights unless visitation endangers the child. However, the court may modify an order granting or denying visitation rights if that serves the best interests of the child. The court considers numerous factors when determining a child’s best interests. Those factors include:

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 Posted on July 10, 2014 in Family Law

Formerly, the only accepted family arrangement in Illinois was a married couple with children (of course, the marriage had to come before the kids). Society considered two-parent households – one mother and one father – the ideal that everyone should aspire to reach. Today, while "traditional" family arrangements are still sought after, both society and the law have become more accepting of "nontraditional" arrangements.

One example of a "nontraditional" arrangement is cohabitation. Although Illinois courts do not recognize a common law marriage (living together for a number of years while acting like a married couple), they will enforce a cohabitation agreement. Essentially, to cohabit with another person is to live together without getting married. As with any coupling, cohabitation is a personal decision and will not work for everyone. When pursuing this course it is wise to consider a cohabitation agreement.

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 Posted on July 08, 2014 in Child Support

Illinois law grants the Department of Healthcare and Family Services (specifically, the Division of Child Support Enforcement) with the authority to disclose information about “deadbeat” parents. These are parents who are delinquent in making child support payments, and who have accumulated past-due amounts of $5,000 or more. Their pictures, biographical information, and child support debt can be found online.

While having your child support delinquency advertised online is certainly embarrassing, it can also have a negative effect on future employment and other financial opportunities. And that is just the tip of the iceberg. Illinois takes child support delinquency seriously, which is why state officials take a tough approach to punishing “deadbeat” parents.

Failure to support is a separately defined offense. A person is guilty of this offense when he or she:

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 Posted on July 02, 2014 in Family Law

Society encourage parents or guardians to care for minors because the law recognizes that children under the age of 18 typically lack the ability or capacity to manage their own affairs or to live independently. This is not true across the board, though. The law also recognizes that some minors grow up faster than others and need the legal authority to provide for themselves. The Emancipation of Minors Act provides mature minors between 16 and 18 years old with the means to obtain that legal authority.

A minor may petition for emancipation in the county in which he resides or is found, where he possesses property, or in which a pending court action could affect his interests. It is important to note that a parent, guardian or friend may also petition on the minor’s behalf, but that the minor must consent. The petition must set forth:

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 Posted on June 19, 2014 in Divorce

While Illinois law values the institution of marriage, it also recognizes that marriage does not always work out. Thus, Illinois residents may seek a court judgment to dissolve their marriage. The petitioner (the party filing for divorce) may have to prove one of the following grounds for dissolution of marriage:

• The respondent (the party responding to the divorce petition) was impotent;
• The responding party had a wife or husband living at the time of the marriage (bigamy);

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 Posted on June 17, 2014 in Alimony / Maintenance

Being a stay-at-home mom or dad can be just as much a full-time job as being a corporate attorney, high school teacher, physician’s assistant, or any other profession. And yet, those who work as full-time parents and/or homemakers might be sensitive to the fact that they are not breadwinners and, actually, bring in no income at all. Consequently, the stay-at-home spouse might feel like a dependent.

Illinois law, however, considers marriage a “joint enterprise," which means it recognizes the contributions that a stay-at-home parent and/or homemaker made to the marriage. If the marriage ends in divorce, the law does not penalize the parent who traded a professional career for caretaker responsibilities in the home. While this does not mean that a divorced homemaker would not have to get a job, it does mean that the court considers the party’s future employment opportunities and homemaker contributions when dividing the marital property and determining whether he or she is entitled to alimony (or maintenance) payments.

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