Upholding the Rights of Children

 Posted on June 25,2015 in Child Custody

Many times, children are the central point of arguments in any family or divorce proceedings. Often, little attention is paid, however, to the rights of children themselves. Parents frequently overlook these rights, instead focusing on their own concerns.

It is important that children are adequately and fairly represented to ensure their best interests are kept in mind. And, in the legal world, there are multiple legal personnel equipped to represent the interests of the children. There can be confusion as to the different options and the names are often used interchangeably, but there are three main options available under Illinois law: guardian ad litem, child representative, and attorney for child.

Continue Reading ››

Requirements for Uncontested Divorce in Illinois

 Posted on June 23,2015 in Divorce

Uncontested divorce is one of the most popular options for spouses who choose to separate. It does not carry the extreme simplicity and ease in division of assets as a joint simplified dissolution of marriage, but it is simpler than a contested divorce.

The Illinois Marriage and Dissolution of Marriage Act provides for a number of options for ending your marriage. One of these is known as an uncontested divorce. An uncontested divorce simply means that you and your divorcing partner agree to all aspects of the marriage dissolution. In order to petition for a simple uncontested divorce, you must meet all of the following:

• You have not filed for divorce in another state;

Continue Reading ››

Joint Simplified Dissolution of Marriage

 Posted on June 18,2015 in Divorce

Illinois, like many other states, offers different types of divorce option. State law has built-in divorce processes that encourage efficient divorces in an effort to promote the possibility of an amicable divorce.

The Illinois Marriage and Dissolution of Marriage Act allows for a process known as a joint simplified dissolution of marriage. It is an expedited form of divorce for those couples who have limited legal issues to contest or work out. In order to qualify for a joint simplified divorce, both you and your spouse must meet the following qualifications:

Continue Reading ››

DuPage County – One of the Best in the Country

 Posted on June 16,2015 in Divorce

A recent study by Harvard economists found that DuPage County, Illinois is one of the best in the country, especially for allowing families move up the income ladder.

The Equality of Opportunity Project at Harvard studies economic opportunities for low-income children. It is becoming an increasing reality in the United States that income status at birth has a significant impact on the success of a child and their ability to improve their lives. In many counties, there is little to no income mobility, which means they are not the ideal environments to raise a family. The study found, however, that DuPage County was the opposite.

Continue Reading ››

Visitation Rights for Grandparents

 Posted on June 11,2015 in Visitation

Spending time with your grandchildren is a loving and enjoyable experience. It benefits both the grandparents and the child. Studies have found that spending time with your grandchildren increases brain activity/memory and helps keep disease like Alzheimer's at bay. However, many grandparents lose out on time with their grandchildren when a family suffers a divorce. It can become an emotional battle when vying for visitation rights on behalf of not only a parent, but a grandparent as well.

Unfortunately, in Illinois there is no guarantee of visitation rights for grandparents, also known as grandparents’ rights. In fact, it is not considered a right under state law, but rather a privilege. This is, in part, due to the fact the Illinois Supreme Court twice held the statute granting grandparents’ visitation rights as unconstitutional.

Continue Reading ››

Rights of Unmarried Fathers

 Posted on June 09,2015 in Child Custody

Typically, a discussion surrounding paternity rights involves the rights of a married (and subsequently divorcing) father. Unmarried fathers, however, also struggle with paternity battles and the rights they have to their biological child (also known as fathers’ rights).

Historically speaking, unmarried fathers have fewer rights with respect to their child as compared to married men or the unwed mother. The Supreme Court of the United States addressed the constitutional rights of a father in a series of cases during the 1970s. The court found “the existence of a biological link between a child and unmarried father gives the father the opportunity to establish a substantial relationship” with the child. This includes being involved in raising the child.

Continue Reading ››

Cohabitation Confusion in Illinois

 Posted on June 04,2015 in Cohabitation

With the passage of the Religious Freedom Protection and Civil Union Act in 2011, Illinois moved away from having most of the benefits or rights of marriage available to only traditional married couples. Also known as the Civil Union Act, the short law confers “all the rights, interests, benefits, and burdens” available to married spouses to individuals in analogous circumstances. The statute, however, does this without mention of gender or marital status. What does this mean? Simply put, it puts civil unions on equal footing with marriage from a legal standpoint in the state of Illinois, regardless of gender. Such a law is critical to allowing for couples that may not fall under the traditional definition of marriage to receive equal treatment under the law.

Continue Reading ››

Postnuptial Agreements May Help Your Marriage

 Posted on June 02,2015 in DuPage County Divorce Attorney

Many individuals have heard of a prenuptial agreement, but many couples are unaware of an arrangement known as a postnuptial agreement.

Postnuptial agreements are written and signed after you are married. A postnuptial agreement is a way for couples to look over their financial, family, and economic situation without the awkward pre-marital conversation that many recently engaged couples fear having. A postnuptial agreement provides an avenue in which to establish ownership of financial obligations and goals and how the couple will share the burden in the event of a death or divorce.

A postnuptial agreement can be a way of addressing concerns a couple may have once they are married. It helps the couple establish a concrete framework to divvy up the mortgage, savings, business, and household expenses. For example, if one spouse is burdened with heavy student loan or business debt, while simultaneously juggling a mortgage, a postnuptial agreement can create confidence in the marriage by entrenching a financial agreement.

Continue Reading ››

Notice of Service: Divorce by Facebook?

 Posted on May 28,2015 in Divorce

In a sign of the times, a Manhattan judge allowed a woman to serve divorce summons to her husband via Facebook.  The 26-year old nurse had been having an extremely difficult time getting a hold of her husband. It was only through phone call or Facebook that she was able to reach him. Even a private investigator was unable to find a location in which to deliver the summons. With those facts in mind, the judge ruled that serving her husband through social media was next best option.

The decision, while novel, is not necessarily surprising. As the judge concedes, “The past decade has also seen the advent and ascendency of social media, with websites such as Facebook and Twitter occupying a central place in the lives of so many people. Thus, it would appear that the next frontier in the developing law of the service of process over the internet is the use of social media sites as forums through which a summons can be delivered.”

Continue Reading ››

Children Fare Better in Joint Custody Arrangements

 Posted on May 26,2015 in Child Custody

As the number of divorced and blended families increases, studying the effects of such arrangements on children has been a growing area of interest. The most recent study by the Journal and Epidemiology and Community Health found that children fare better when they spend timing living with both of their divorced parents. The study looked at 150,000 12 and 15-year-old students across the country. Sixty-nine percent of these children lived in a non-divorced family household, 19 percent lived with both parents separately, and 13 percent only lived with one. The study analyzed a variety of psychosomatic health problems, including sleep patterns, concentration difficulties, headaches, stomach aches, loss of appetite, dizziness, and feeling sad or tense.

Continue Reading ››