Posted on December 15,2016 in Child Custody

When an Illinois court issues a judgment regarding child custody arrangements, both parents must abide by the judge's decision. If a parent is dissatisfied with the terms of the order, he or she must pursue a legal avenue for seeking to amend the decision. A parent must never try to circumvent a child custody order by taking actions designed to undermine the rights and responsibilities of the other parent.

Mother Loses Custody After Making False Abuse Allegations Against Father

Indeed, such actions can backfire, as a recent Illinois appeals court decision illustrates. This case involves a divorced couple with three young children. Six years ago, an Illinois circuit court issued a custody order giving the mother “sole custody” while granting certain visitation rights to the father. The custody order further required the mother to “consult” with the father regarding “major health and education matters” affecting the children.

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 Posted on December 13,2016 in Same Sex Marriage in Illinois

Same-sex marriage has been legal in Illinois since 2014. Of course, many same-sex couples cohabited for years, even decades, prior to this change in the law. The Illinois Supreme Court recently addressed whether unmarried same-sex couples who ended their relationship prior to 2014 could enforce “marriage-like” rights with respect to the division of property.

Supreme Court Rules Cohabiting Partners Cannot Assert Common-Law Marriage Claims

The plaintiff and the defendant in this case were in a long-term domestic partnership from approximately 1981 until 2010. The couple co-owned their home. After the relationship ended, the plaintiff moved out and sued the defendant, seeking a “fair division and partition” of the property. The defendant filed a counter-claim, alleging she and the plaintiff had a relationship “identical in every essential way to that of a married couple,” and accordingly sought division of the couple's property based on the same principles as Illinois divorce law.

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 Posted on December 08,2016 in Division of Assets

A common issue in military divorces is determining the non-military spouse's share of any pension benefits. For example, members of the armed services participate in a survivorship benefit plan. Under federal law, former spouses are not entitled to a survivor benefit unless the military spouse makes a voluntary designation of benefits or an Illinois court orders such a designation as part of a divorce decree.

Court Rejects Wife's Appeal Over Husband's Military Benefit

Military survivorship benefits are not divisible. This means that if a court orders a military spouse to name an ex-spouse as beneficiary, he or she cannot split the benefit with any future spouse. Survivorship benefits are therefore an “all-or-nothing proposition,” according to an Illinois appeals court that recently addressed such a case.

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 Posted on December 06,2016 in Division of Assets

Although child custody is often the most contentious issue in an Illinois divorce, in some cases, it is a family business that causes the most headaches. When the divorcing spouses work together in the business, it can be especially difficult to amicably untangle the professional relationship. The spouses may not even be able to agree on fairly basic issues such as how much the business is worth.

Court Rules Husband Entitled to New Hearing on Business Worth

Here is a recent example. A married Illinois couple started a painting business. They incorporated the business with the wife having 51 percent ownership, with the husband controlling the remaining 49 percent. At the time divorce proceedings began, she was the corporation's president, and the husband served as chief financial officer.

Initially, the couple used collaborative law to resolve their issues without the need for litigation. When this process failed, the wife sued for divorce. In her capacity as president of the business, she also placed her husband on paid “administrative leave.”

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 Posted on November 30,2016 in Divorce

If you are considering divorce mediation or anticipate being ordered to attend mediation during your divorce proceedings, you may have questions about exactly how mediation is structured. Your experienced divorce attorney in DuPage County can explain the entire mediation process and how it may impact your divorce.

How is a Divorce Mediator Chosen?

In Illinois, either the parties may select a court-approved mediator from a list provided by the court, or the judge can choose the mediator if the parties are not able to reach an agreement. In either situation, the mediator must be adequately trained and certified by the court.

Our experienced divorce attorneys are familiar with the process of selecting skilled mediators based on their qualifications and history with the court system in DuPage County. Because mediators differ in their facilitation styles and methods, it is important to work with a qualified family law attorney who can help you select the right mediator for your case.

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 Posted on November 24,2016 in Division of Assets

Illinois is considered an equitable distribution state when it comes to dividing marital property. This means that the court is most concerned with making sure the division of property between ex-spouses is considered fair and just, not necessarily equal.

While splitting all of the marital property equally—as is done in community property states—may seem to be fair on its face, this method can actually disadvantage one party, depending on the details of the family's particular situation. Rather, the Illinois law requires the court to consider the whole picture when determining what is fair and decide property division on a case-by-case basis.

If you are going through a divorce in Illinois or are considering filing for divorce, it is important that you understand just how marital assets may be allocated. Your experienced DuPage County family law attorney with our firm can take a look at the marital assets and liabilities that you and your spouse maintain and make arguments and recommendations to the court regarding how the relevant factors ought to be interpreted given your specific circumstances.

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 Posted on November 22,2016 in Divorce

Choosing the right mediator for your divorce mediation can be a crucial factor in whether your mediation is ultimately successful. If you are going through a divorce or considering mediation, your family law attorney in DuPage County can advise you regarding whether mediation could benefit your case, and what considerations are important when choosing a mediator.

Who Selects the Mediator?

Either the parties or the court can select your divorce mediator, and the choice may depend on whether the mediation is voluntary or court-ordered. It is also common for the court to give parties the opportunity to agree upon a mediator of their own choosing (from a list of court-approved mediators), and to only assign a particular mediator if the parties cannot reach an agreement.

Since mediation is required by Illinois law for all divorcing parents who have a point of disagreement regarding parenting responsibilities and rights, there are many DuPage County court-certified mediators to choose from to serve as a neutral party in parenting plan disputes.

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 Posted on November 17,2016 in Guardianship

In Illinois, a guardianship is created when when the court grants legal decision-making authority to an individual on behalf of another person who is incapable of or cannot reasonably make such decisions themselves. Persons subject to guardianships include minors, since they lack the legal authority to make such decisions, adults with severe mental or physical disabilities or impairment, elderly persons suffering from dementia or mental decline, and adults suffering from severe mental health conditions, among many others.

How Does Guardianship Differ from Parenting Rights and Responsibilities?

A guardianship can include the right to act as a parent and take on parental responsibilities for minor children, but it does not apply to the child's natural parents, who may seek parenting time without establishing guardianship.

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 Posted on November 14,2016 in Divorce

When selecting a mediator for your divorce case in Illinois, one of the most important factors is whether the mediator may have a conflict of interest with your case. Your experienced DuPage County divorce attorney can look into whether any potential mediators may be barred from serving as a neutral party mediating the contested issues in your divorce.

Our firm's family law attorneys are skilled at identifying potential conflicts of interests and will work diligently to make sure your mediator is qualified and unbiased.

Who Determines Conflicts of Interest for Mediators?

The DuPage County court rules prohibit mediators from serving as neutral parties in cases with which they have a conflict of interest. While the burden of determining whether a conflict of interest exists and disclosing that conflict to the parties and the court falls ultimately on the mediator, it is important for the parties and their respective divorce attorneys to also be aware of any conflicts of interest that could potentially cause the mediation to be stopped midway through the process, wasting everyone's time and resources.

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 Posted on November 10,2016 in Divorce

With so many factors to worry about during a divorce, maintaining your existing health insurance - and that of your dependent children - may not make the top of the list. However, it is very important to make sure that, if necessary, your health coverage remains protected throughout the divorce process - and after - especially since health care costs can be so high and losing your coverage during such a difficult time can be incredibly stressful.

While you will not want to stay on your former spouse's plan forever, your divorce attorney in DuPage County can help you bridge the gap until you can obtain your own coverage, whether through an individual plan, your own employer, or through Medicare.

Illinois Spousal Continuation Coverage Law

Under the Illinois Spousal Continuation Coverage law, spouses who would otherwise lose their coverage due to a divorce from the covered employee have the option to keep and continue it, for a limited amount of time, though they will still be responsible for paying their premium.

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