Posted on November 26,2015 in Child Custody

Courtroom dramas on television and in the cinema often have as the climax of their stories the testimony from an experienced witness. This testimony “seals the deal” for one of the parties and makes a judgment in their favor inevitable. Whether it is the ballistics expert from the crime lab or the seasoned psychologist who provides the crucial insight into the killer’s mind, these courtroom shows can leave someone with the impression that the litigant who can present testimony from an expert has a distinct advantage over the other litigant in the courtroom. But is this assumption true?

Experts Help Judges and Juries Understand Specialized Information

It may surprise some people to learn that expert witnesses are not always permitted in every case. In most cases, an expert witness is only permitted to testify where there is some scientific or other complicated evidence that a normal individual with no specialized background or education would understand. The court will ultimately decide whether an expert witness is necessary in a given case.

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 Posted on November 24,2015 in Child Custody

News outlets from across the country reported on the recent child custody decision in which the judge found a mother to be an abusive and neglectful parent and refused to allow her three children to be returned to her custody. The mother was convicted of child endangerment after she and her ex-boyfriend allegedly carried out a plot in 2003 that resulted in the deaths of the woman's three children that she had at the time. Attorneys for the woman had attempted to argue that the three children taken from the mother in the present case had not been the victims of abuse. The judge, however, did not accept that explanation and found that he did not have to wait for the children to be injured before removing them from her custody.

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 Posted on November 19,2015 in Divorce

A personal injury accident can happen at any time and under a variety of circumstances. Neither single individuals or married couples are immune from the risk of being injured in a personal injury accident. Depending on the extent of the victim’s injuries and associated expenses, the victim can be awarded a substantial sum of money (sometimes called “damages” or a “compensation award”). These awards are meant to compensate the injury victim for medical bills, lost wages, and pain and suffering (amongst other losses). But will an Illinois divorce court order such an award to be divided if the victim and his or her spouse divorce? The answer: It depends.

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 Posted on November 17,2015 in Divorce Procedure

An otherwise forgettable New York divorce case made national news after the judge in the case ruled that the woman seeking a divorce from her husband could serve him with the divorce summons using a private message through Facebook. When the couple split, the man left his residence without leaving a forwarding address. Not only this, but he has no address on file with the Department of Motor Vehicles and is not employed. The only contact the woman has had with her estranged husband is an occasional message via Facebook. Based on this, the judge found that service by Facebook of the divorce summons was the method most likely to apprise him that a divorce petition had been filed and what he needed to do to respond.

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 Posted on November 12,2015 in Divorce

In a previous post we discussed the process of substituting a judge in your divorce case. You may recall that a judge who is assigned your divorce case has an obligation to automatically recuse him- or herself if he or she believes that he or she cannot be fair and impartial to either party. Also, the law of Illinois allows each party in a civil case an opportunity to request a substitution of judges without having to provide an explanation or reason as to why the substitution is requested. This must be done, however, before the judge you are wanting to be substituted has made any substantive rulings in your case.

Even where a judge has made substantive rulings, it is still possible to have the judge substituted and a new judge appointed. However, you must be able to show cause as to why the substitution should be granted.

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 Posted on November 10,2015 in Divorce

Sometimes it appears as if one party in a divorce case just cannot seem to get anything to go his or her way. Although a court cannot choose to favor one side of a divorce action over another simply because one side is represented by counsel and the other party is proceeding pro se, it does appear that pro se divorce litigants have a more difficult time having motions and requests approved by the court.

This situation may lead the party against whom the court is constantly ruling to conclude that there is only one logical explanation as to why he or she just cannot seem to get the court to rule in his or her favor on any matter: the judge must hate him or her. If you feel as if a judge is biased or prejudiced against you, is it possible to get a new judge appointed to your case? The answer is “yes,” but it does take some work on your part.

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 Posted on November 05,2015 in Divorce Finances

Marital assets and property are not the only things that are divided between divorcing spouses: the court must also divide any marital debts the couples may have at the time of the divorce. Like the division of assets, a court is also guided by principles of fairness and equity when dividing debts and liabilities. There is more to this inquiry than simply seeing which spouse’s name is on a particular bill: instead, a court must first determine what debts of the parties are marital debts and then divide them between the parties in a fair and equitable manner. So how exactly does a court do this?

The Starting Point: Is it a Marital Debt?

Marital debts are those obligations and liabilities that one or both spouses incurred during the course of the marriage for household or living expenses. This would include (for example) credit card balances reflecting purchases for food, clothing, and gas, loans or leases for cars, medical debts, and other similar obligations. The test used by the court is whether the obligation was incurred during the marriage and for the benefit of the couple: thus, a liability is generally not considered to be a marital debt if it:

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 Posted on November 04,2015 in Divorce Procedure

Sometimes love does indeed conquer all. Sometimes a divorcing couple decides to give their marriage another chance and wants to put a halt to their divorce case. While a spouse who files for divorce is always free to dismiss the divorce case at any time, this may not always be a wise decision. What happens if you dismiss your divorce case, and what should you consider before putting the brakes on your Illinois divorce?

Dismissing Your Case – How Do You Do it and What Happens Next?

A civil or criminal lawsuit is able to be dismissed by the individual who filed the suit (the petitioner or plaintiff, depending on the type of case) with very few limitations. Usually when a lawsuit is dismissed voluntarily by the person who filed it, the case is dismissed without prejudice. This means that the plaintiff or petitioner is able to refile the case at a later date if he or she chooses. (By contrast, a dismissal with prejudice means that the plaintiff or petitioner cannot refile the lawsuit based upon the same facts – it is very rare for a divorce to be dismissed with prejudice). You cannot “dismiss” a divorce that has already been finalized by the court.

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 Posted on October 29,2015 in Alimony/Spousal Support

When you are going through a divorce, you are faced with a host of financial issues. Often, spousal support can be a big question - will the court require one spouse to provide the other with ongoing financial assistance once their divorce is final? Until recently, it was up to the judge to make this decision on a case-by-case basis, after considering a variety of factors set out in the Illinois Marriage and Dissolution of Marriage Act. In an effort to make spousal support awards more consistent, however, the Illinois legislature updated the law, establishing a specific mathematical formula for calculating the amount and duration of a spousal maintenance award.

Will Courts Always Use This Formula Now?

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 Posted on October 28,2015 in Paternity

It is a biological fact that children have two parents. In some instances, however, paternity may be a concern. Parents must both be responsible for providing care for their children and both parents have rights. Whether a father wants to protect his parental rights, or needs to prove parenthood, experienced legal advocates are available to provide the legal counsel required. Paternity issues can become complex and require the services of a law firm with the experience to handle them.

Understanding Paternity

Paternity provides a legal relationship between a father and child. When a child is born to married parents, the husband is automatically assumed to be the father. Unmarried parents need to legally establish paternity. In Illinois, paternity is established in one of several ways. These include:

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