Posted on September 10,2015 in Divorce

So you’ve met a “special someone.” What’s the problem? Your divorce is not yet finalized. You know that once your divorce is finalized you are free to remarry this person (Illinois does not have a waiting period before a newly-divorced person is able to remarry), but it has been months – perhaps a year or more – and your divorce is not yet complete. There is no prohibition against dating this new person and developing a relationship with him or her; however, doing so while your divorce is still pending can cause certain problems.

Potential Problems of Dating While Divorcing

Dating while your divorce is still pending is not prohibited, but doing so can present some unique issues for your divorce. The effect your new relationship will have on your divorce will depend on your ex-spouse as well as the nature of your new relationship.

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 Posted on September 08,2015 in Child Custody

A Nebraska father has lost his fight to obtain primary residential custody of his children after a Nebraska appellate court ruled the trial court properly considered his motion and entered a ruling supported by the facts and circumstances of the case. The father argued that allowing the children to remain in the custody of their mother, who had remarried a registered sex offender, was contrary to the children’s best interests. The children’s stepfather admitted to having been convicted of attempted sexual assault over 10 years ago and had served four years in prison for the offense. In finding that the current custody arrangement did not pose a significant risk to the father’s teenaged daughters, the court relied on the testimony of the girls’ therapist who stated she believed the stepfather posed a low risk of reoffending and testimony that established certain precautions were in place at the mother’s house to ensure the girls were not left alone with their stepfather.

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 Posted on September 03,2015 in Divorce

Divorcing on the grounds of “irreconcilable differences” is the avenue taken by many couples looking to divorce in Illinois. By claiming that “irreconcilable differences” exist, the couple is essentially telling the court that differences have developed between the two of them that make it impossible or, at the very least, impracticable for the marriage to continue. Divorcing on the grounds of irreconcilable differences in Illinois carries with it an accompanying requirement: the parties must show that they have been living “separately and apart” for at least six months before the divorce case can proceed. (If one spouse does not agree that “irreconcilable differences” exist, then the other spouse must show that the couple has been living “separately and apart” for two years.)

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 Posted on September 01,2015 in Divorce Grounds

Recently the hackers responsible for leaking millions of users’ information from the Ashley Madison website posted a second batch of information containing an even greater number of user profile information. Many feared a sharp and abrupt spike in the number of divorces filed across the country as spouses became aware of their partner’s cheating and/or infidelity. Although it is far too early to tell if such “doom and gloom” predictions hold true, one reality television star previously in the spotlight for family-related issues has already admitted that he has been unfaithful to his wife by maintaining two accounts on the Ashley Madison website.

Is Adultery an Outdated Concept?

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 Posted on August 27,2015 in Annulment

Divorce is not the only way to end a marriage. In certain limited circumstances, a marriage can be dissolved through an annulment. An annulment is a powerful judicial decree since it declares that no valid marriage ever existed. While an annulment does not generally affect the rights of any children born to the couple prior to the annulment, having a marriage declared invalid through annulment can affect any division of any property the couple acquired during the “marriage” and generally will prevent one party from receiving spousal support from the other.

The Difference between Void and Voidable Marriages

There are two types of marriages that can be annulled: void and voidable. A void marriage is one that is illegal from its inception and cannot be rectified. A voidable marriage, however, is one that is invalid at the moment of marriage but that can later be made valid through the consent or inaction of the parties. In other words, if an annulment is not promptly sought, it might not be available later.

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 Posted on August 26,2015 in Divorce Mediation

When two spouses file for divorce, oftentimes the two are not on very good speaking terms (except in those rare cases where both spouses agree that they are not good marriage partners for one another and wish to amicably divorce). A divorcing couple that refuses to speak to one another – even through their attorneys – faces several challenges throughout the divorce process:

• First, because every issue will need to be litigated in court, the divorce process will take longer;
• Second, because the process will take longer each side will incur more legal fees than they might otherwise; and
• Lastly, because a judge will need to decide important issues in the divorce neither spouse may be completely satisfied with the decision handed down by the court.

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 Posted on August 20,2015 in Child Custody

A recent report touched on the growing nationwide problem of parents who are being reported to local child protection agencies for behaviors and decisions the parents believe are normal, healthy parenting decisions. For example, in one instance an Illinois couple faced an investigation for child abuse after someone saw the couple’s children playing in a park next door to their apartment and reported the couple for child neglect. These types of cases do not just “go away”: years later the couple is continuing to fight back against authorities that found they were guilty of neglecting their children.

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 Posted on August 18,2015 in Divorce

Part of any attorney’s job is educating his or her client about the law. When clients first retain an attorney for any legal matter, they often have misconceptions about the court system and legal process. If a lawyer allows his or her client to hold onto these misconceptions and does not correct them, the client may end up feeling frustrated and may lose confidence in his or her attorney. Divorce and family law are no different. Many clients who retain an attorney have had a friend or family member who experienced a divorce and who shared with the client stories about the process. This, in turn, results in clients who have false beliefs and expectations about the divorce process. The following includes some of the most common misconceptions about divorce in Illinois:

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 Posted on August 13,2015 in Uncategorized

No one will argue with the assertion that divorce is a stressful time. Part of what makes the process so nerve-wracking is that you often have little concrete evidence that your ex-spouse is treating you fairly and respecting the rules of the court. And while there are some divorcing spouses who flagrantly ignore court orders and clearly indicate they have no desire of following the law, it is more common for ex-spouses to attempt to covertly manipulate the process so as to disadvantage the other spouse. One popular means by which one ex-spouse attempts to get an advantage over the other spouse is through “hiding marital assets” he or she may have in his or her possession. By either failing to list certain property on required disclosures or by affirmatively representing to the court and to you that he or she no longer has certain valuable property, the ex-spouse is hoping to gain a larger share of the marital assets when they are divided.

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 Posted on August 11,2015 in Child Custody

There has been an increasing push for child custody laws across the country to be reformed so as to ensure children get equal time with both parents. This movement was in part supported by recent studies indicating children do best in divorced households where they spend time living with both of their parents.

There are two types of custody: joint and sole custody. Sole custody means only one parent makes all of the decisions related to the child. Joint custody on the other hand is granted only if both parents can show they have the ability to cooperate consistently on issues that directly affect the child. Typically speaking, one parent is labeled as the custodial parent and they are the one with whom the child primarily resides.

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