Posted on December 29,2017 in Child Custody

Motions to modify parenting time or parental responsibilities are common, especially if the one parent has experienced a change in their work or living circumstances. However, sometimes a true emergency will happen, and in such a case, an emergency motion may be filed, Relief, however will not always be granted. Alternatively, a motion may be filed as an emergency when it is not one, and it is important to know the difference.

The Process of Filing

The regulations surrounding emergency motions differ from county to county. In Cook County, for example, the requirements are set out in the Rules of Court and are fairly clear, but things may be murkier in other jurisdictions. Emergency motions are generally somewhat different to the standard requests for modification in two major respects: the type of notice required and the requirements as to who must be present. With a “normal” motion, notice must be served on the other party, usually by mail, before a hearing can proceed. Emergency motions require only “emergency” notice (at least in Cook County), which is loosely defined as making at least one reasonable attempt to inform the opposing party of the motion’s filing.

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 Posted on December 26,2017 in Divorce

January has earned the nickname of “Divorce Month” because data shows that divorce filings begin to considerably increase in frequency during this time. During January, the number of divorce filings is one-third more than average. The rate of filings remains high through February and March as well.

Family and relationship experts offer a few possible reasons for this trend. One explanation is that couples considering divorcing wait until after the holidays to do so. It can be difficult to explain to friends and relatives why your significant other is not with you at the holiday party or family gathering. Splitting up during the holidays is even more challenging if a couple has children. Many parents do not want to spoil Christmas, Hanukkah, or other important holidays for their children with news of the impending divorce. If you have decided to divorce this January, there are a few steps you can take to protect your interests and make the process go as smoothly as possible.

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 Posted on December 22,2017 in Domestic Violence

Domestic violence occurs when a person physically, emotionally, or sexually abuses their romantic partner or another member of his or her family or household. Such violence, which is also called domestic abuse, can happen to anyone. Men and women alike can be victims of it. People of all races, cultures, income levels, sexual orientation, and age can be affected by domestic abuse.

At the heart of domestic violence is the abuser’s need to control their victim. Often, they use destructive and cruel behaviors to maintain power and control over their significant other or spouse. A perpetrator of domestic abuse may:

• Physically harm their partner by punching, slapping, kicking, or otherwise hurting them;
• Use weapons to hurt or intimidate their partner;
• Threaten their partner or their partner’s family;

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 Posted on December 18,2017 in Prenuptial Agreement in Illinois

Prenuptial agreements (also called premarital agreements or "prenups") are legal contracts that are signed by individuals before they get married. The purpose of a prenuptial agreement is to establish the property and financial rights of each spouse in the event of a divorce. Prenuptial agreements can help protect a person’s assets and property and may also help determine how spousal support or alimony is awarded. Prenups can define what property is considered marital and what is separate.

It can be uncomfortable to bring up the subject of prenups with a person’s soon-to-be-spouse. No one wants to believe that their marriage will end, but sadly, many do. It is important to plan for the worst case scenario even if the couple currently has a strong relationship. As the saying goes, it is better to be safe rather than sorry.

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 Posted on December 13,2017 in Domestic Violence

Recently, the issues of harassment and abuse have been in the spotlight more than ever before. Allegations of sexual harassment or rape have been made against many influential individuals such as President Donald Trump, Senator Al Franken, actor Kevin Spacey, and film producer Harvey Weinstein.  These allegations have sparked a fury of media attention on the issues of harassment and abuse. Time Magazine even dedicated their prestigious “Person of the Year” designation to “the silence breakers”: those women and men who came out with their own stories of violence, intimidation, or harassment. But, what is a person to do if they are suffering at the hands of their own spouse or romantic partner?

Domestic Violence Can Take Many Forms

Domestic violence is defined as a pattern of behaviors used by one partner to maintain power and control over another partner. When it occurs between spouses or significant others, domestic violence may be referred to as intimate partner violence or relationship abuse. People of all ages, ethnicities, sexual orientations, religions and income levels can become victims of domestic violence. Both men and women can be victims of domestic violence or perpetrators of it. It is unfortunately not uncommon for an abuser to:

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 Posted on December 08,2017 in Divorce

Divorce is never going to be easy, but there are ways to make it easier on yourself and all involved. While most couples go to court and wrangle their divorce into shape through the standard, traditional means, some are bold enough to try other options. One of these which has been gaining popularity in recent years is the idea of collaborative divorce. Instead of the adversarial nature of a court proceeding, the spouses put together a team and try to negotiate a divorce agreement between them. While it is not for everyone, collaborative divorce can be surprisingly effective.

The Basics

Essentially, a collaborative divorce is a process in which you and your soon-to-be ex-spouse sit down, with a team of professionals to assist you, and negotiate a divorce agreement between yourselves, rather than entrusting that task to a court. Each spouse must retain an independent attorney, but the main feature of a collaborative divorce is that other professionals may be brought into the process. Such professionals may include, for example, a Certified Public Accountant (CPA), or a specialist on child care. The rationale is that no one is an expert in all things, but there is no reason why the experts should not be available to you. It is with the help of all these people that you and your spouse will negotiate, and the reason for adjunct help, so to speak, is to ensure that relations remain calm and relaxed.

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 Posted on December 07,2017 in Child Support

Child support in Illinois used to be calculated as a percentage of the income of the non-custodial parent or the parent with fewer parental responsibilities. The law, however, was roundly criticized by many for being inequitable and for placing an unfair burden on the non-custodial parent. On July 1, 2017, a new law went into effect that has improved the efficiency and fairness of how child support is calculated.

The Old Law

Under the old law, there were two main factors in determining the amount of support to be paid: the income of the paying parent and the number of children to be supported. Critics found this unfair not only because paying parents did not get credit for the money they spent on their children but also because the law effectively punished a supporting parent financially for spending time with his or her child.

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 Posted on December 01,2017 in Uncategorized

In U.S. constitutional law, there is a concept called “full faith and credit.” It comes from Article IV, Section 1 of the Constitution, and it basically establishes that decisions made in one state must be honored in other states unless doing so would be in direct conflict with to their own laws. While “full faith and credit” is not a concept from family law, the basic concept does still hold true in that generally, decisions and orders from one state must be followed in all the others. This also applies to many (though not all) directives from foreign countries. If you have had any reason to deal with an international divorce, adoption, or another cause of action, you may have a case to bring suit for the harm you suffered, for all the good it may do.

Divorces

Some people mistakenly believe that it is not possible to divorce outside of the state you were married in, but this is not the case, at least according to Illinois law. It is possible to divorce anywhere, and most of the time, that divorce will be honored, though there is no specific law demanding that it be. There is nothing to lose and much to gain by honoring a divorce obtained in another country, though there are certain characteristics that may jeopardize that decision. For example, a divorce from a country such as Pakistan that does not recognize U.S. decrees of this nature may not be honored in the U.S. because of a lack of reciprocity. Another reason is if the divorce was obtained in a religious court or under religious law.

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 Posted on November 30,2017 in Divorce

The process of divorce is unlike other many legal matters in that it is deeply personal. A person may spend years or even decades deciding if they should file for divorce or not. Couples may try marriage counseling, trial separations, or endure hours of uncomfortable conversations before reaching the decision to divorce. With all of this emotional turmoil and stress, some individuals seeking a divorce may jump into it without properly preparing. However, taking time to ready yourself and formulate a plan before starting the process can save a great deal of unnecessary stress. There is no way to ensure that your divorce will go perfectly with no difficulties at all, but there are some things you can do to prepare for the divorce process.

Prepare Yourself Financially

Most people who divorce experience a dramatic change in their financial status. They may be forced to live on less income than they previously did, or they may now be responsible for spousal support or child support payments. Furthermore, in many marriages, one of the spouses was in charge of the household finances more so than the other. This means that many individuals who get divorced will need to learn to pay bills, make financial decisions, create a budget, pay taxes or face other unfamiliar territory. Do not be afraid to seek assistance with these challenges. Some people, especially those with complicated financial situations, choose to meet with a financial adviser in addition to an attorney when filing for divorce.

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 Posted on November 28,2017 in Child Support

If you or your spouse is an active duty member of the U.S. military, there are some issues regarding which different rules must be followed during a divorce. One of these includes the issue of support payments or lack thereof. For example, a civilian might conceivably face garnishment of his or her pay or, in an extreme case, jail time, but an active duty service member has extremely important obligations that preclude such a punishment in most situations. Still, there are methods available that could help you to receive the support payments you are due.

Interim Guidelines Can Be Used

Because active duty personnel may be stationed overseas, they are often unable to appear in court to discuss issues like child support. While such matters are strictly civilian in nature, they are important enough that a spouse is generally given a chance to argue on his or her own behalf in discussing the. Each branch of the military service has established its own set of interim support guidelines that, if implemented, are used until the active duty spouse’s current tour ends. Then, he or she can then appear in court to discuss a more long-term support arrangement.

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