Posted on April 14,2015 in Child Custody

One of the most important pieces of any divorce proceeding is the child custody portion. During the child custody phase, the court determines how the parents will raise any children who resulted from the marriage. This can mean developing a custody arrangement where both parents share control of the children, or giving custody to one parent over the other. The high stakes of child custody decisions means that parents entering a divorce often look to divorce lawyers to make predictions about the outcome of child custody decisions. Unfortunately, Illinois law makes it difficult to predict how judges will rule when making custody decisions.

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 Posted on April 09,2015 in DuPage County Divorce Lawyers

DuPage County Family Law Attorneys Look at National Divorce Rate Declines

Will DuPage County divorce lawyers see declining divorce rates in 2015?  According to a New York Times TheUpshot article, the U.S. divorce rate has been on the decline and no longer is it true that half of all marriages end in divorce. According to the article, the divorce rate peaked in the 1970s and early 1980s and has been decreasing for the last 30 years.

Marriages occurring in the 2000s are seeing far less divorce rates. If this current trend continues, nearly two-thirds of marriages will never result in a divorce, according to Justin Wolfers, contributor to The UpShot and a University of Michigan economist. The lowering divorce trend has been said to be in large part due to changing gender roles and the expectations of marriage from women. The article covers additional reasons for the national divorce decline including later marriages, birth control and the increase of marrying for love.

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 Posted on April 09,2015 in Child Custody

Emancipation is often discussed like it is the severing of the parent/child relationship, something that the minor can do in cases where they would be better off striking out on their own. However, the actual effects of emancipation are more complicated and more narrow than a true severing of the relationship. Emancipation in Illinois is governed by the Emancipation of Minors Act of 1980, which allows for the emancipation of mature minors. Emancipation is a serious decision and should only be considered after people understand its effects, when it is available, and how to go about it.

The Effects of Emancipation

Emancipation is less like a severing of the relationship between a parent and a child and more like a child reaching adulthood. It severs a parent’s rights of control over the minor rather than the relationship as a whole, so things like inheritance would still function normally. Emancipation allows minors to enter into binding legal contracts, have financial and physical separation from their parents, and make medical decisions for themselves. It is also often used to allow homeless minors to take fuller advantage of government services than they could as part of their family.

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 Posted on April 07,2015 in Child Custody

Although the vast majority of child custody disputes are settled without either party resorting to illegal or otherwise improper tactics, those sorts of events do happen. One of the most serious of these illegal tactics is a parental abduction, in which one parent absconds with the child without permission. This can be particularly difficult to deal with if the parent leaves the country because getting foreign courts to send a child back to their home country can be both expensive and time-consuming.

In order to help prevent those types of abductions, the federal government places restrictions on passport applications for minors. The law requires both parents to consent to the child's getting a passport, so that one parent cannot simply get the child a passport and then leave the country. However, there are important exceptions to this rule that single parents should be aware of.

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 Posted on April 02,2015 in Child Support

Illinois law provides parents who are owed child support many different ways to collect on their debts. Most of these are civil penalties, such as wage garnishments, but for severe cases of unpaid child support, the state can bring criminal charges. Illinois law creates the crime of failure to support, also known as criminal nonsupport, which punishes parents for avoiding their support obligations. Parents who owe or are owed large amounts support should both understand what it takes to trigger a prosecution for criminal nonsupport, as well as the procedure for how they get initiated.

What Criminal Nonsupport Is

Criminal nonsupport is a crime that can be committed in several different ways. First, if a supporting parent has made no payments in more than six months or they have fallen behind on their payments by more than $5,000, then they may be guilty of criminal nonsupport. Second, if the supporting parent has failed to make any payments within a year or is more than $20,000 behind on their payments, they may also be guilty. Finally, a person can also commit criminal nonsupport by leaving the state with the goal of evading child support payments. However, to do that they must have a child support debt of over $10,000 or have made no payments in the last six months.

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 Posted on March 25,2015 in Same Sex Marriage in Illinois

As of 2011, both same-sex and opposite-sex couples may enter civil unions. Civil unions are similar to marriages, but there are differences. Civil unions are granted by the county clerk's office. To legally enter a civil union, both partners must be 18 years old or older and they may not be blood relatives.

Before you enter a civil union with your partner, talk to an experienced family attorney about your rights and obligations following the union. These rights differ from those afforded to married couples. As of 2014, same sex couples have the right to marry in Illinois under the Illinois Religious Freedom Protection and Marriage Fairness Act. However, some couples continue to opt for a civil union instead.

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 Posted on March 23,2015 in Divorce

There is more than one way for Illinois couples to effectively end their marriages. The most common method by far is divorce. When a couple gets a divorce, they go through the legal process of ending their marriage by dividing their property and arranging for their children's care and support. For some couples, an annulment is an option. If the couple can prove that their marriage is not valid, an annulment can quickly render their marriage void. Reasons for an annulment include one partner was too young to consent to marriage at the time of their wedding or one partner was married to another individual when the couple married. The final option is legal separation.

Legal separation is not the same as the type of separation that often precedes a divorce. This type of separation is discussed in the Illinois Marriage and Dissolution of Marriage Act. With a legal separation, the couple must file paperwork and submit it to the court as if they were going through the divorce process. They then go before a judge to have their case heard and settled, which may include the same provisions as a divorce, such as child custody arrangement, child support, spousal maintenance, and property division. Essentially, a legal separation is almost identical to a divorce. The only difference between a legal separation and a divorce is that a legally separated individual can not remarry unless he or she opts to get a divorce.

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 Posted on March 18,2015 in Child Support

Divorce is a major life event, and it can often be particularly difficult for children to go through. However, much of that difficulty can be reduced by parents who understand what their child is going through and have been taught how to properly handle these emotional issues. To that end, the Illinois Supreme Court introduced Rule 924. Rule 924 is a requirement that people party to child custody hearings must participate in parenting education classes that has been approved by the courts in the county in which the legal proceeding is taking place. From a practical standpoint, the available classes vary widely in their cost as well as in their format.

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 Posted on March 16,2015 in Divorce

Over the past few decades, the pet's role in the family has dramatically evolved. Dogs lives have gone from a chain in the backyard to organic diets and high-end doggy daycare. Likewise, the pet cat's role has elevated from family pest killer to the star of the internet. With these changes came our changing perspective of pets as individuals, rather than property.

But legally, pets are still considered to be personal property and are divided as such during a divorce. Illinois courts do not recognize pet custody agreements in the way that they recognize child custody agreements and instead consider pets to be the same as other property outlined in Part V of the Illinois Marriage and Dissolution of Marriage Act.

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 Posted on March 11,2015 in Divorce

The presence of children can often make a divorce more complicated, and parents want to make sure that their divorce affects their children as little as possible. Parents tend to focus their concerns on the possible emotional impacts of divorce, but they should also remember that divorce can have an effect on their children's physical health as well, if steps are not taken to keep them healthy. In fact, a recent study from San Francisco State University found that children of divorce are more likely to consume sugary beverages such as soda, which can have a negative impact on their health.

The Study's Findings

The study examined the eating habits of 37 children in families that were recently separated or divorced. The goal of the study was to determine if a parental divorce increased children's risk for obesity-inducing behaviors such as the consumption of sugary soda. The researchers found that of the behaviors they studied, including soda consumption, skipping breakfast, eating fewer fruits and vegetables, and eating out more often, the only one affected by the divorce in a significant way was the increase in soda consumption.

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