Posted on September 22, 2015 in Child Custody

Under Illinois law, a judge can order that a child custody evaluation or custody study be done to help the court decide difficult issues of parenting time and residence of the children of the marriage. The judge typically appoints an evaluator after consulting with the lawyers for both sides. Once an evaluator is chosen, both sides are ordered to cooperate. Cooperation includes paying the evaluator’s fee.

Who Pays for the Custody Study?

The circumstances of every case are different. Judges have a lot of latitude in deciding who should pay for a custody study. While usually both sides have to contribute something, it is not required that both sides contribute equally. Often judges will order one side with more access to cash to pay most of the fee. However, the payment of the fee can also be considered when the marital property is divided.

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 Posted on September 17, 2015 in Divorce

Many states in the nation have enacted “no-fault” divorce laws that allow two parties to divorce one another upon a finding of “irreconcilable differences.” In most cases, a finding can be made based on the testimony of one of the spouses that the marriage is irretrievably broken and cannot be salvaged. Often, a finding of “irreconcilable differences” can be made even if one of the spouses objects to the divorce. But in the wake of the U.S. Supreme Court’s decision legalizing same-sex marriage, one Tennessee judge made national headlines when he denied a straight couple’s divorce petition after finding that he needed the U.S. Supreme Court to step in and decide “when a marriage is no longer a marriage.”

Denials of Divorce Occur Infrequently

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 Posted on September 15, 2015 in Prenuptial and Postnuptial Agreements

Unfortunately, few things in life last forever, marriages included. Because a sizeable number of Illinois marriages end in divorce each year, savvy spouses have attempted to protect themselves and others through the use of prenuptial and postnuptial agreements. Spouses with significant assets going into a marriage may opt for a prenuptial agreement, which is an agreement regarding property division and alimony entered into before the marriage. By contrast, where one spouse obtains a significant amount of assets after the marriage has been solemnized, or where spouses wish to reduce areas of disagreement and contention in the event they do divorce, a postnuptial agreement may be in order.

But simply agreeing with your spouse as to what the two of you would like to happen if a divorce occurs does not mean a valid postnuptial agreement has been entered into. What are the steps then that Illinois couples must take in order to enter into a valid postnuptial agreement?

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 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

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?

It seems as if our culture is not surprised anymore when allegations of adultery are either admitted to or proven true, at least in cases of celebrities and politicians. (Adultery, of course, can be said to occur whenever a married individual engages in sexual relations with a person other than his or her spouse.) One sign that our culture no longer views adultery in the same manner as it once did is the proliferation of "no-fault" divorce laws. In states that have adopted "no-fault" laws, a couple can obtain a divorce without any showing that one spouse engaged in any "bad behavior" like adultery: instead, the parties can obtain a divorce simply on a stipulation or finding that the spouses have irreconcilable differences.

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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 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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