Pursuing a Child Custody Arrangement: Sole Custody or Joint Custody?

 Posted on June 12, 2014 in Child Custody

Divorce by itself is complicated enough. If there are children involved, a potentially messy process becomes even messier. One of the most important issues to be resolved is child custody. Will the parents share custody? Will one parent have sole custody? Will the non-custodial parent have visitation rights? While the parents may express their wishes regarding the child custody arrangement, ultimately the court will award custody based on what is in the best interests of the child.

Deciding Between Sole Custody and Joint Custody 

When one parent has sole custody, this parent has the legal right to make all major decisions regarding the child. Those decisions include where to send the child to school and what type of medical treatment to seek. The other parent may be granted visitation rights. This arrangement might suit a family that was already accustomed to “single parenting” (for example, if one parent stayed at home with the children while the other parent worked). But just because one parent was the family’s breadwinner does not mean this parent cannot – or should not – seek sole custody. Again, the decision comes down to what is in the best interest of the child.

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Understanding When Annulment is an Option to End Your Marriage

 Posted on June 10, 2014 in Annulments

Like a divorce, an annulment ends a marriage. But unlike a divorce, an annulment treats the marriage like it never happened, which may be important to you for religious or other personal reasons. There is a short time frame in which to secure an annulment, so if you are considering this option then you need to act quickly.

In Illinois, there are four circumstances in which a court will enter a judgment declaring the invalidity of a marriage (colloquially referred to as an annulment). Note that a different timeframe attaches to each circumstance.

1. A party lacked capacity to consent to the marriage when the marriage began. The inability to consent could stem from mental incapacity, infirmity or the influence of drugs or alcohol. Incapacity also exists if a party was induced to enter into the marriage by fraud, force or duress. Either party, or the legal representative of the party who lacked capacity, may petition for a declaration of invalidity. The petition must be filed within 90 days of the petitioner knowing about the described condition.

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Marriage Equality: Gay Couples to Now Consider Possibility of Divorce

 Posted on June 05, 2014 in Divorce

Recently, gay rights advocates have had a lot to cheer about in regards to recent rulings. On May 19th, a federal district court ruled that Oregon’s constitutional amendment banning same-sex marriage violated the Equal Protection Clause of the U.S. Constitution. The following day, another federal district court ruled that Pennsylvania’s statutory ban on same-sex marriage was also unconstitutional. As court and legislative battles wage in other states across the country, it is clear that momentum favors the gay rights movement.

Last year that momentum carried over into Illinois, which no longer defines marriage as a union between a man and a woman. The marriage equality bill that the governor signed into law officially took effect on June 1, 2014. For many Illinoisans, this victory was long overdue. While gay couples already had the option of entering into civil unions, they did not enjoy the same options as straight couples. Gaining the right to marry means that all married couples – gay or straight – now have the same benefits and responsibilities under the law.

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Visitation Rights Petition: Grandparent, Great-Grandparent, Sibling

 Posted on June 03, 2014 in Children and Divorce

Family dynamics are complicated. It is not uncommon for a parent to seek visitation rights following a divorce. However, a parent might not be the only family member who wants these rights.

After a divorce, a grandparent, great-grandparent or sibling might want visitation rights as well. There might also be other situations when a family member would petition for visitation, such as when he or she has been unfairly denied by one of the child’s parents.

If one parent has unreasonably denied visitation to a grandparent, great-grandparent or sibling, then one of these individuals may petition for visitation rights. In order for the petition to succeed, one of the following circumstances must exist:

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Making Child Support Arrangements Post-Divorce

 Posted on May 29, 2014 in Child Support

NOTE: A new law defining how child support is calculated in Illinois goes into effect in July 2017. For more information, please visit our Child Support page.

When a couple divorces, there are many legal arrangements to be made: how to divide marital property, whether one spouse will pay alimony, and re-writing wills and other legal documents that named a former spouse as a beneficiary, among others. Arguably, however, the most difficult decisions arise when there are children involved. Will one parent have sole custody or will the parents share custody jointly? And if awarded joint custody, which parent will have residential custody?

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Number of Couples Opting for Prenups on the Rise

 Posted on May 27, 2014 in Prenuptial & Postnuptial Agreements

The number of couples entering into prenuptial agreements is trending upward in the United States. That trend correlates with consistently high divorce rates and a growing societal acceptance of such agreements. A 2010 poll revealed that 44 percent of single and 49 percent of divorced Americans believe in prenuptial agreements (colloquially known as prenups). Moreover, among the divorced, 15 percent regret not having one.

Acceptance of prenuptial agreements is spreading across cultures. For example, while prenups are not formally recognized in England or Wales, that might soon change. Divorce lawyers in those countries have reported that their clients are increasingly expressing interest in prenups. Furthermore, a government adviser recently recommended introducing a marital agreement form as part of a divorce system overhaul.

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Combatting Domestic Violence in Illinois

 Posted on May 21, 2014 in Order of Protection

Every nine seconds a woman in the United States is assaulted or beaten. In fact, the leading cause of injury to women is not car accidents, muggings, or rape. It is domestic violence. The abuse begins at a heartbreakingly young age: one in four girls and one in six boys will be sexually assaulted by age 18. Internationally, one in three women has been beaten, coerced into sex, or somehow abused.

These are sobering statistics, and too often victims of domestic abuse do not seek help. Illinois takes the prosecution of these heinous crimes seriously. In nearby Cook County, for example, State Attorney Anita Alvarez recently announced the creation of a Sexual Assault and Domestic Violence Division, which will focus exclusively on these sensitive and often complex cases.

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Post-Marital Agreements: An Alternative to Premarital Agreements

 Posted on May 14, 2014 in Divorce

Marriage is an integral part of American culture. This is evidenced not only by the romanticized image of marriage, but also by the extent to which individuals’ access to and exclusion from this institution has become a pivotal and polarizing issue in our country’s sociopolitical landscape.

Nevertheless, marriage is neither perfect nor foolproof. According to a national study performed by the Centers for Disease Control and Prevention, of the 6.8 marriages per 1,000 U.S. residents in 2011, 3.6 of those marriages per 1,000 U.S. residents concluded in divorce.

Statistics in the State of Illinois did not bode much better for the same period: with a marriage rate of 5.6 per 1,000 residents, this state boasts a divorce rate of 2.6 for said population. Knowing the risk of separation, how does one legally protect his or herself in the event of divorce?

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Benefits & Consequences: Having a Child without Getting Married

 Posted on May 12, 2014 in Family Law

Women of today have more options than women of earlier generations. It used to be that women who became pregnant out of wedlock had no choice but to marry, or else confront lives of poverty and social isolation. While that unfortunate scenario is the reality for some women, others have found that single motherhood affords more stability than marriage.

Lily’s story is one example. She broke up with her boyfriend Carl while pregnant because she feared he would make caring for their child more difficult. Carl had trouble holding down a job, and Lily decided she could not depend on him. Furthermore, because Lily and Carl were not married when she gave birth, and because his name is not on the birth certificate, he has no legal parenting rights. For Lily, that was the desired outcome. But is that what Carl wanted? What if Carl decides he wants to claim paternity? What rights would Carl, or any putative father, have under Illinois law?

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Three Common Mistakes Divorcing Couples Make

 Posted on May 07, 2014 in Divorce

Couples typically do not enter into a marriage wanting to get divorced. Unfortunately, however, divorce happens. If you do not have a prenuptial agreement in place then you may be in for a long, arduous, and emotional process. (Even with a prenuptial agreement, you might be in for a long, arduous, and emotional process.) You can simplify this process by avoiding the mistakes that some divorcing couples make.

First it is important to understand the difference between marital property and non-marital property. Generally, the law presumes that all property acquired by either spouse during the marriage is marital property. There are exceptions, including property acquired by gift, legacy, or descent. Once property is classified as marital, a court will determine how to divide it equitably. Note that “equitable” does not necessarily mean “equal.” A court will consider various factors when dividing the property, including, but not limited to:

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