Posted on November 03, 2016 in Domestic Violence

Most couples discuss whether they want to have children and a tentative timeline for doing so before they marry. Sometimes, these plans and timelines change after the couple marries, causing one or both partners to be disappointed by the other's new perspective. This can lead to arguments, resentment, and in many cases, divorce.

In some cases, it leads to reproductive coercion. This is an act or threat of violence against one's partner for failing to comply with one's sexual or reproductive desires. What many individuals do not realize is that reproductive coercion is a form of sexual abuse, which is a form of domestic violence.

Examples of Reproductive Coercion

All domestic violence stems from the desire to control one's partner and his or her actions. Reproductive coercion is no different. Examples of reproductive coercion include:

• Tampering with an individual's birth control. This can include microwaving birth control pills, poking holes in condoms, or otherwise intentionally causing birth control to fail;

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 Posted on October 31, 2016 in Domestic Violence

In many marriages, one partner is the breadwinner, meaning that he or she earns the bulk of the household's money. It is not uncommon for the breadwinner to also have the majority of the control over the household's finances, often because this position allows him or her to make purchasing and investment decisions more accurately. But sometimes, a breadwinner can use his or her position to abuse a partner, creating a dynamic where the partner is completely dependent on him or her. This is known as financial abuse and it is a form of domestic violence.

Financial abuse is discussed less frequently than other types of domestic violence because it can be harder to recognize. Like other forms of domestic violence, financial abuse is a way to control one's partner. A financially abusive relationship might appear to be harmonious from the outside, but it is not healthy.

Examples of Financial Abuse

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 Posted on October 27, 2016 in Family Law

When a disabled worker becomes eligible to receive Social Security Disability Insurance (SSDI) coverage, he or she also becomes eligible to receive benefits to cover the cost of caring for his or her dependents. These dependents can include his or her spouse as well as his or her children, both minor and adult. The qualifications to receive SSDI coverage for an adult child are different from those to receive SSDI coverage for a minor child. If you are an SSDI recipient or a current or former spouse of an SSDI recipient with a dependent adult child, you may be able to receive benefits to cover his or her needs. If you are a divorced parent of such an adult child, work with an experienced family lawyer to ensure that your child receives the coverage he or she needs.

What Qualifies an Adult Child for SSDI Coverage Through a Parent?

If your child is 18 or 19 years old, not married, and a full-time student, he or she can receive SSDI benefits under the same qualifications that a minor child can receive them.

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 Posted on October 24, 2016 in Property Division

Depending on the position you hold, you might have a pension plan. A pension is a fund that a working individual contributes to during his career, which is then invested by the manager of the pension in an effort to have the fund earn money. The intent is to put the worker in a position to retire comfortably. When the worker retires, he or she receives a monthly payment from his or her pension. Many Americans rely on multiple retirement accounts, which can include IRAs, 401(k)s, 403(b)s, and health savings accounts as well as pensions to save money for retirement. In a divorce, retirement accounts are treated the same way as all other assets – subject to division according to the doctrine of equitable distribution. This is true even if you opened your retirement accounts before you were married because you continued to contribute to them during the marriage.

Your accounts may be divided into “marital property” and “singly-held property” portions by determining how much money they contained before you were married to determine how much money may be considered to be part of your marital estate. Before you enter the property division process, talk to your lawyer about how your pension will be valued so it can be distributed in an equitable manner.

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 Posted on October 20, 2016 in Domestic Violence

Domestic violence is a problem that continues to affect countless families throughout Illinois and across the country. At our law firm, we are proud to help those whose lives have been impacted by such abuse and stand united with those who are working to reduce and eliminate domestic violence from our communities. It is with this in mind that we remind our friends and neighbors that while October is Domestic Violence Awareness Month, we can all do our part every day to provide care and support for abuse victims.

How It All Started

The history of Domestic Violence Awareness Month (DVAM) traces back to October of 1981 when the length of observance was not for the whole month, but only for a day. DVAM evolved from the “Day of Unity” that was founded by the National Coalition Against Domestic Violence.

On this day, those who took part had the intentions of working together to end violence against women and their children. Soon after, more and more people became aware of the Day of Unity and it quickly evolved into an entire week filled with events mourning the loss of those who have died from domestic violence, celebrating survivors, and bringing together communities to help end domestic violence.

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 Posted on October 17, 2016 in Family Law

The Social Security Administration provides disability benefits for individuals who qualify to receive them. This coverage is known as Social Security Disability Insurance (SSDI). Parents who receive SSDI can also receive coverage for their children to help cover the costs of raising a child while being too disabled to earn a sufficient income. Like all other forms of income, one's SSDI benefits can be affected by his or her divorce. This can, in turn, affect your child's SSDI coverage. If you are an SSDI recipient with a minor child who receives SSDI coverage and you are considering filing for divorce, discuss this with your divorce lawyer.

How Divorce Affects SSDI Benefits for Minor Children

Any biological child, adopted child, or stepchild under the age of 18 or up to age 19 if he or she is a full-time student can receive coverage of up to 50 percent of his or her parent's SSDI benefits amount as long as the child is not married. This type of coverage is known as auxiliary benefits. In certain cases, the grandchild of an SSDI recipient can also receive auxiliary SSDI benefits.

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 Posted on October 13, 2016 in Divorce

Alternative dispute resolution (ADR) can provide a divorcing couple with an efficient, reduced-conflict path to a mutually-satisfying divorce settlement. However, it is not the right choice for every couple. Sometimes, divorcing through an ADR method like mediation or collaborative law can seem like the right choice, but then prove to be impossible for the couple to complete once they actually begin the process. When this happens, the couple must explore other options for completing their divorce. Sometimes, a couple can try ADR again with greater success. In other cases, litigation is the right choice.

Try Working With Another Mediator

When you choose to divorce through mediation, you and your spouse work with a mediator, a neutral third party professional, to reach a mutually agreeable divorce settlement. Mediators are human beings and, as such, not every mediator is a good fit for every couple. You might feel like your mediator has a bias or is not guiding your divorce discussions in a way that makes you feel empowered. If this is the case, it is perfectly acceptable to stop the process and restart it with another mediator.

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 Posted on October 10, 2016 in Child Custody

Teenagers make mistakes. Sometimes, these mistakes result in misdemeanor charges, like a shoplifting or underage possession of alcohol charge. In some cases, an adolescent can face a felony charge. As a divorced parent with a shared parenting time and parental responsibilities agreement, you might wonder what your role is regarding your child's criminal record.

In Illinois, charges, convictions, and penalties for minors are handled by the Illinois Department of Juvenile Justice. If your child has been charged with a crime, start working with a criminal defense lawyer who specializes in juvenile offenses to handle his or her case. This is not the only lawyer you should contact, however. Speak with your family lawyer as well to determine your rights and responsibilities as a parent and how your child's conviction will, if at all, affect your current arrangements.

Determine a Strategy With the Other Parent

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 Posted on October 06, 2016 in Family Law

Although same-sex marriage is legal throughout the United States and Illinois law was recently amended to allow same-sex parents to become legal parents to any child born or conceived during their marriage, there are still certain issues that same-sex parents can face that do not affect heterosexual parents or, if they do affect heterosexual parents, do not affect them as widely or as profoundly. In the divorce process, same-sex couples are treated identically to heterosexual couples – or ideally, should be. Sometimes, a biased judge can make unfair rulings, requiring the couple to take time to appeal the ruling in order to receive fair treatment. If you are a parent in a same-sex relationship who is divorced, preparing to divorce, or working through another legal issue like modifying an established court order, discuss any specific issues you might face with your family lawyer before you proceed.

Legal Parentage of Your Children

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 Posted on September 28, 2016 in Divorce and Finances

In a marriage, all assets and debts accrued while the couple is married are considered to be marital property. This includes any debt following purchases made primarily or solely for one partner's benefit, such as a new vehicle or a college education for one of the spouses. The only exception to this rule is if the couple has a prenuptial agreement in place that designates one partner as the sole owner of a specific asset or debt or if one partner receives an asset through inheritance or a gift. In these latter scenarios, the asset or debt is singly-held property and treated the same way as an asset or debt or she held when he or she entered the marriage. When your property is divided during your divorce, it is divided according to the doctrine of equitable distribution. This means that your assets and debts are assigned to you and your partner according to your needs and contributions to the marriage.

How the Court May Divide Your Debt

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