Posted on January 16, 2018 in Child Custody

Committing a crime is never a good choice, and in many cases, the penalties for doing so are severe. In addition to the jail time and the fines assessed for some offenses, if you are a parent, it may be a long time before you are able to see your children again. However, it is not an absolute that you will lose all rights to see them. Knowing your rights is critical.

Unfitness as a Parent

Parental rights are terminated if a parent is deemed to be unfit. Unfitness is a concept used by the state to determine whether or not a child’s best interests are served by remaining in the parent’s custody. There is no single definition of "unfit" in Illinois; rather, it is shown that a parent is unfit if or when they display certain characteristics or behavior patterns (or, conversely, fail to do so). For example, a parent may be declared unfit if they are incarcerated, but only if they have previously shown a pattern of disinterest or neglect regarding the child, or if they have been repeatedly incarcerated to the point where they are unable to perform parental duties.

Continue Reading ››

 Posted on January 10, 2018 in Child Support

As any parent can tell you, children are expensive. Things like clothing, meals, healthcare, school supplies, and extracurricular fees are only a few of the expenses children bring about. When two parents split up or end their marriage, it does not mean that they become any less responsible for those expenses. The purpose of child support is to allow the child to enjoy the same quality of life that they had when the child’s parents were together. Some parents try to avoid paying their fair share of these expenses by skipping child support payments. Failure to pay child support can have serious financial and criminal consequences.

Possible Punishments

Each year, some $14 billion in ordered child support goes unpaid in the United States. In order to combat this, penalties exist for parents who do not pay child support. People who chronically avoid child support payments may:

Continue Reading ››

 Posted on January 09, 2018 in Divorce

Almost everyone has seen a dramatic divorce played out in movies or television. One that comes to mind is the scene from the movie Liar Liar when a vindictive mother seeks full custody of her children even after admitting that her husband is a wonderful father. Although movies are usually unrealistic, divorce proceeding can become very ugly somtimes. There are so many memories and emotions that a person goes into a divorce with, it can be difficult to be pragmatic. While there is no way have a completely conflict-free divorce, there are a few things you can do to make the divorce process go more smoothly.

Admit That the Marriage Is Over

Humans are not robots who can suddenly turn off the romantic feelings they once had for a spouse. Many individuals who file for divorce still have residual questions, “what ifs?”, and regrets about the marriage. They may still long for the apology they never got or wish for their spouse to admit to a previous transgression. In order to stay sane during a divorce, you may need to let some of these lingering feelings and desires go. If the marriage is truly over, there is no sense in dredging up the past. The focus now should be on dissolving the marriage in a fair and reasonable way. If you have children together, the focus should be to restructure the romantic relationship you had with your spouse into an effective co-parenting dynamic.

Continue Reading ››

 Posted on January 02, 2018 in Cohabitation

It has been a source of confusion to the older generation that many young people in the United States have chosen either to not marry or to wait on marriage until later in life. It is true that there are some advantages to marrying aside from the obvious ones, such as streamlined tax preparation, but for many, there are perks to remaining single. Besides, many argue that they can obtain the best of both worlds via cohabitation, as long as an appropriate cohabitation agreement is signed and executed, so that both partners’ assets and rights are protected.

Do I Need A Cohabitation Agreement?

Not every cohabitating couple needs an agreement. Some do quite well without any kind of legal documentation of their relationship. The tradeoff, however, is that no assets of any kind may commingle, and one has no legal recourse regarding their partner’s assets if they predecease the other. Illinois does not recognize cohabitating couples as having any kind of legal relationship unless they have a valid cohabitation agreement. While being married may not be a couple’s first choice, if they want any legal rights to the fruits of their relationship, they must take definitive action.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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;

Continue Reading ››

 Posted on December 18, 2017 in Prenuptial and Postnuptial Agreements

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.

Continue Reading ››

 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:

Continue Reading ››

 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.

Continue Reading ››