Posted on October 14, 2015 in Divorce

A subpoena is a written order for an individual to appear in court. In cases where the divorcing partners can cooperate with each other, subpoenas are often not necessary. But when the parties cannot get along, one party refuses to obey the court's orders, or one party is suspected of hiding assets from the other, the court may use a subpoena to require a divorcing individual to come to hearings and comply with its other requirements.

Receiving a subpoena can be confusing. If you are currently going through a divorce and you have received an order to appear, or your partner is not cooperating with the court and your divorce is becoming drawn out and draining your resources, talk about your subpoena and any related divorce issues with an experienced divorce attorney. A divorce consists of many elements and it can be difficult for an individual to keep track of each piece.

What Can a Subpoena Do?

A subpoena is used to call an individual to court. It can be used to require one of the divorcing partners to court or it can be used to require another individual to come to court to provide a testimony as part of the divorce process. For example, the guardian ad litem handling the couple's child custody determination might be subpoenaed to appear in court and provide his or her report of the couple's parenting abilities, resources, and his or her recommendation regarding their children's custody. Other individuals who might be subpoenaed can include those less closely involved in a couple's divorce, such as the couple's child's teacher to verify an allegation that one of the parents was three hours late picking the child up or the child's pediatrician to discuss how a parent handles the child's healthcare.

Continue Reading ››

 Posted on October 09, 2015 in Paternity

When a child is born to a married woman, there is no need for the woman's husband to declare his paternity to legally claim the child as his own. It is automatically assumed that any children born to a married mother are her husband's biological children as well. But this is not always the case. Sometimes, children are conceived during extramarital affairs. This might not be discovered until years after the child's birth, possibly after the parents' divorce and thousands of dollars of child support.

What are your options if you find out your alleged child is not biologically yours? Find out by contacting an experienced divorce attorney to determine your rights and if you can possibly recover the money you spent in child support.

Yes, You Can Be Required to Continue Paying Child Support

If you are a child's legal father, it can be very difficult to eliminate your child support obligation. Even with a valid DNA test showing that you are not biologically related to the child in question, the court may determine that it is in the child's best interest that you continue to provide for him or her financially. The court may make this ruling if you are the only father the child ever knew and you have a significant relationship with him or her.

Continue Reading ››

 Posted on October 07, 2015 in Divorce

Infidelity, also known as adultery, is also known as cheating. No matter what you call it, the fact is that it often destroys marriages. Approximately 17 percent of the divorces that happen in the United States today are because of one partner's infidelity. If you suspect your partner is committing infidelity, talk to him or her about it. Express your concern about his or her activities – although he or she might deny that he or she is cheating, it is important that you make your suspicions known and you discuss them in a calm, rational manner. Do not, under any circumstance, attempt to harm your partner or his or her alleged affair partner as an attempt to punish him or her or end the infidelity. Sometimes, marriages survive infidelity. Other times, divorce is the right answer for the couple. But violence is never the answer.

Between One Third and One Half of American Adults Commit Infidelity

Statistics show that approximately 30 to 40 percent of American adults engage in infidelity at least once in their lives. Despite this, nearly all (approximately 90 percent) of United States adults feel that infidelity is morally wrong.

Continue Reading ››

 Posted on September 25, 2015 in Divorce

Just like any other legal ruling, such as a ruling on a criminal or civil case, you have the right to appeal your divorce settlement if you feel that it was made in error. Like with these other types of rulings, you will need to go through the appeals process to have your divorce case reheard in appellate court. If you are considering appealing the court's decision about your divorce, work with an experienced divorce attorney to ensure that you follow the correct procedure for an appeal and that your interests are fairly represented in court.

The Appeal Process for Divorce Settlements

In Illinois, the right to appeal a divorce ruling is guaranteed by the Illinois Marriage and Dissolution of Marriage Act.

The appeal process begins with the individual seeking the appeal, known as the appellant, files his or her Notice of Appeal with the court. This is a document that states the appellant's intention to appeal the court's decision. He or she must then file an appellate brief, which states how the court originally misinterpreted or misused the law to reach an unfair settlement. This part involves an in-depth knowledge of the applicable laws and is best done by working with an experienced divorce attorney.

Continue Reading ››

 Posted on September 23, 2015 in Child Support

It is a well-known fact among divorced Illinois parents that one of the consequences for failing to pay one's child support is the suspension of his or her driver's license. In fact, there is even a catchy name for the law that created this consequence: Deadbeats Don't Drive. But for many parents and non-parents alike, the measure seems illogical.

A parent can not make his or her child support payments if he or she can not afford them. If that parent loses his or her driver's license, his or her job opportunities become extremely limited, making it even more difficult or even impossible to get caught up on his or her owed child support. In Illinois, the court may suspend a parent's driver's license if he or she is 90 days or more behind on his or her child support payments.

In many states, individuals whose driver's licenses are suspended may apply for a hardship license, which is a court-approved restricted driver's license for him or her to use during the suspension. In Illinois, parents who lose their licenses due to child support delinquency can obtain this type of license by petitioning to the court with proof that they have no alternate transportation options and that the driver's license suspension is preventing them from going to work, transporting a household member to work, obtaining drug or alcohol rehabilitation, or obtaining medical care. This is known as a family financial responsibility driving permit. If you are considering seeking this type of permit, work with an experienced child support attorney to write your petition and seek court approval.

Continue Reading ››

 Posted on September 19, 2015 in Children and Divorce

When you marry a parent, you get more than a new spouse. You get one or more stepchildren, which provide a unique family dynamic that can be very challenging for you regardless of whether you have children of your own. The presence of a new stepparent in a household can complicate family law issues such as child custody and child support agreements.

As a new step parent, you might be unsure of your role in your spouse's child's life. Talk with your spouse about his or her expectations for your relationship with his or her child. Discuss your thoughts, your goals, and your fears about this role as well. Most disagreements and misunderstandings within a family can be easily resolved through communication.

Know Your Boundaries

You might not feel comfortable disciplining your spouse's child. You also might not feel comfortable communicating with his or her teachers or your spouse's former partner. Do not feel pressured to do things you are not comfortable doing. If your partner has explicitly told you that certain actions and topics are off-limits with his or her child, respect these boundaries. Every family has its own standards for appropriate boundaries. Discuss these with your partner to determine the right boundaries for your household.

Continue Reading ››

 Posted on September 16, 2015 in Child Custody

If the court determines that shared custody between you and your former spouse is not in your child's best interest, it might opt to give the parent that did not get custody visitation rights. But these rights might come with certain restrictions. This is known as supervised visitation.

Why Would I Be Granted Supervised Visitation?

You can be given supervised visitation with your child for a variety of reasons. A few examples of these reasons include:

• Your criminal record or that of a household member;
• Current or past drug addiction;
• A history of neglect;
• A history of domestic violence from you or another member of your household; or
• A record of dangerous behavior, such as drunk driving.

If you are granted supervised visitation with your child and you want to change your custody order to allow for unsupervised visitation or even shared custody, you need to eliminate the dangerous elements in your household to prove to the court that you can be trusted with your child and that an unrestricted relationship with you is in his or her best interest. You can petition to the court regarding your changed circumstances once your custody order has been in place for at least two years.

Continue Reading ››

 Posted on September 11, 2015 in Children and Divorce

A divorce can be difficult for every member of the family. Even the most amicable divorce is a significant lifestyle change for parents and children. For many children whose parents are currently divorcing or have recently divorced, psychological counseling is a productive way to identify and express their feelings about the divorce in a safe, nurturing setting.

Most children show signs of anxiety, behavioral problems, or depression during their parents' divorce and after. Approximately one third of children continue to show these signs five years after their parents' divorces. If your child exhibits these behaviors, understand that they are normal. Children process lifestyle changes like a divorce differently than adults do, and a child's age and maturity level play significant roles in how he or she handles a divorce. Your child might become moody and withdrawn, refusing to discuss his or her feelings or become irritable and explosive. It is your job as a parent to remain emotionally available for him or her regardless of your own feelings about the divorce.

Continue Reading ››

 Posted on September 09, 2015 in Property Division

A qualified domestic relations order (QDRO) is a legal order that allows an individual to receive money from a retirement account that he or she does not own. This order allows the court to alter a retirement plan's ownership to allow this transfer of money during or after a divorce. When an additional party becomes named as an owner of a retirement plan through a QDRO, he or she becomes known as an alternate payee.

The court may order that a couple sign a QDRO as part of their divorce. This document is a key part of the division of the couple's property – retirement accounts are generally considered to be marital property. Signing a QDRO is a way for the court to guarantee that the spouse whose name is not listed on the retirement account can receive a fair share of the money contained within the account. It can also be used to ensure that the owner's child can benefit from the money contained within the account through child support payments or property transfers.

Continue Reading ››

 Posted on August 26, 2015 in Alimony / Maintenance

You can expect to receive a fair share of your property according to Illinois' equitable distribution law. Equitable distribution does not mean equal distribution – basically, you will not automatically receive 50 percent of your marital property from your divorce. Instead, the court will examine your financial and personal needs as well as your partner's to determine a fair, appropriate way to allocate your marital property.

Many stay at home parents find themselves feeling anxious and overwhelmed at the prospect of divorcing their spouses. When you chose to leave the workforce to devote yourself to your family and household full-time, you most likely did so with the assumption that your spouse's salary would cover all of your family's financial needs until your children reach school age or adolescence, or possibly for the rest of your lives. But relationships change and marriages end. Do not assume that you cannot live independently after your divorce.

Continue Reading ››