Posted on September 02, 2014 in Divorce

One of the most basic principles in law is that a court must have jurisdiction before it can hear a case. Jurisdiction is a fancy way for saying that a court must have the authority to make legal judgments about an issue. If a court does not have that authority, then it cannot decide the issue. For example, when the issue is a federal law, that issue must usually be resolved by a federal – and not a state – court.

Jurisdiction Matters in Child Custody Cases

Another example involves child custody lawsuits. You cannot walk into just any courtroom and demand sole custody of your child. The court must have jurisdiction to make that decision. In Illinois, a court has jurisdiction to make an initial child custody determination only if:

Continue Reading ››

 Posted on August 28, 2014 in Divorce

Life during and after divorce can be overwhelming in many respects, especially when children are involved. If you are contemplating a divorce and anticipate a child custody battle, your mind is probably teeming with questions. Here are the answers to ten commonly asked questions regarding child custody, child support orders, visitation rights, and other related issues.

1. What are my family’s custody options?

Under Illinois law, either one parent will be awarded sole custody or both parents will share joint custody. If the court grants joint custody, one parent will have residential custody (this is the custodial parent). Both options afford visitation rights to the non-custodial parent. The main difference is that under joint custody, the parents share decision-making authority.

Continue Reading ››

 Posted on August 26, 2014 in Alimony / Maintenance

Divorce can be contentious, which is why it is important to know your rights and responsibilities going in. Here are the answers to eight commonly asked questions regarding property division and other divorce-related issues.

1. My spouse has filed a petition for the dissolution of our marriage. What are my financial responsibilities while this action is pending?

A dissolution action stay is in effect against both parties. Neither of you can spend, destroy or otherwise dispose of marital property without the other party's consent, except in the normal course of business or life. For example, you can pay your bills without asking permission but you cannot buy a fancy sports car.

Continue Reading ››

 Posted on August 22, 2014 in Family Law

A child’s parents are not always the people who gave birth to him. In fact, sometimes a child’s “parents” are not actually his parents at all, but are actually his legal guardians. While a legal guardian may look like a parent and act like a parent, the law confers a different status.

For whatever reason, some parents are unable to care for their children. When that happens, courts have various means of transferring legal authority to someone who does have that capability. Legal guardianship is one such process. Before appointing a permanent legal guardian, the court might appoint a guardian ad litem (GAL) who will be tasked with investigating the relevant facts. The GAL’s investigation will likely focus on the family’s situation and the parents’ ability – or inability – to care for their child. After the GAL investigates, he or she will make a recommendation to the court based on the child’s best interests.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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:

Continue Reading ››

 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.

Continue Reading ››