Posted on October 01, 2015 in Divorce

Beginning January 1, 2016, changes to Illinois’ divorce law will take effect. The following provides a review of these changes, found under Senate Bill 57, and what you need to know if you are considering getting divorced in Illinois. For more clarification and legal representation, be sure to seek the counsel of a Downers Grove divorce attorney.

Changes to Grounds for Divorce

Under Illinois’ current divorce code, the grounds for seeking dissolution of marriage in the state include:

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 Posted on October 01, 2015 in Divorce

Following a child custody court order is sometimes an emotionally challenging thing to do, especially when the order is not in your favor. To mitigate the actions of those non-custodial parents who are tempted to remove their child from the state—referred to as interstate kidnapping—every state has adopted the Uniform Child Custody Jurisdiction and Enforcement Act. In the event that your child is taken out of the state by his or her non-custodial parent or in violation of a court order, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) allows for a determination to be made about which state has jurisdiction over the custody case, and can be key in the enforcement of a custody order. For help understanding the UCCJEA and enforcing a child custody order, consult with a Wheaton child custody attorney today.

The Basics of Illinois’ UCCJEA

Illinois’ UCCJEA addresses a number of issues related to parental kidnapping and a state’s jurisdiction over a custody case. If a custody issue is pending and there are questions over which state has legal jurisdiction, the Illinois UCCJEA will determine whether or not the state of Illinois has the power and authority to hear the case and make a determination about it. In the event that the authority of two or more states is in question, the law prevents both states from making a determination about the custody case.

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 Posted on September 01, 2015 in Divorce

Are you concerned about how custody will be determined? Do you want your child’s input to be considered when custody is decided? These are important questions all parents must ask themselves when facing a child custody dispute. If you have questions about child custody laws, and how those laws will impact your case, contact the experienced family law attorneys at Fay, Farrow & Associates, P.C. today. You can schedule a free consultation, and discuss your case with a Wheaton custody lawyer.

Dividing Child Custody in Illinois

There are two types of custody: legal custody and physical custody. Legal custody refers to the authority a parent has or both parents share over the major decisions in the child’s life. These decisions often relate to a child’s medical needs, education, and religion. Physical custody relates to parental access to the child. That is, physical custody is that parenting time a parent can enjoy with their child. Usually, one parent is the custodial parent, and the other is the non-custodial parent. The child primarily resides with the custodial parent, and has visitation with the non-custodial parent.

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 Posted on September 01, 2015 in Divorce

Visitation rights, sometimes called child access, are often a major issue in child custody cases. When a non-custodial parent has some level of custody, that parent is said to have visitation. Essentially, this means that the non-custodial parent has parenting time with their child. Whether that parenting time is overnight, unsupervised, or supervised, parents are generally entitled to have reasonable access to their children. A common misconception in child custody cases is that a child’s mother is allowed to decide when and where the father can have this important parenting time. The truth is that one party rarely dictates visitation schedules. Moreover, if a mother denied a father the parenting time to which he is entitled, she could face legal consequences.

Best Interests and Visitation

The custodial parent is the parent with whom the child primarily resides. The non-custodial parent almost always has some level of visitation with the child. Custodial and non-custodial parents can share custody in a variety of ways. Each may have some level of physical custody, that is, the face-to-face time spent with the child. Parents may also share legal custody, which is the legal authority to make major decisions for the child. Of course, the exact circumstances in any given case will determine how parents share both physical and legal custody.
No matter what your specific situation is, all custody and visitation decisions must be made in the best interests of your child. This best interests standard is a legal standard that requires judges to prioritize your child’s needs in the custody case. If you are requesting a certain visitation schedule, for example one that includes a set number of overnight stays, you must show the judge that schedule will not harm your child.

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 Posted on September 01, 2015 in Divorce

As adversarial as most divorce can be, it may seem likely that your divorce could only be resolved in a courtroom. However, the reality is that most divorce cases are settled privately between the parties. Recently, a rising number of divorce cases are settled through collaborative law. The collaborative divorce process is an innovative solution to the often tense and emotional issues that can arise during divorce. Collaborative divorce can be beneficial in many cases, but may not be appropriate in all situations. An experienced divorce lawyer, like those at Fay, Farrow & Associates, P.C., can help you make this decision.

What is Collaborative Divorce?

During a collaborative divorce, both parties work outside the litigation process to resolve issues before filing a joint uncontested divorce petition in court. This means that the parties will resolve their legal issues outside the courtroom, and then jointly ask a judge to dissolve their marriage once all issues have been settled. The collaborative divorce process is quite involved, and both parties must be willing to cooperate through private negotiation rather than pursuing traditional divorce litigation.

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 Posted on September 01, 2015 in Divorce

How Is Property Divided?

In Illinois divorce cases, marital property is divided using equitable distribution. This means that all property, including assets and debts, obtained during the marriage will be divided using the equitable distribution standard. Under equitable distribution, the court takes certain factors into account to ensure each spouse receives a fair portion of the marital property. A fair portion does not necessarily mean each spouse will receive an equal portion. Rather, each spouse’s portion of marital property will be determined by factors such as:

• The length of the marriage;
• Each party’s age, health, and sources of income and
• Each party’s contributions to the marriage.

What Happens if We Have a Child Together?

Children raise special considerations during divorce. Child custody and child support will need to be resolved if you have a minor child with your spouse. If that is the case, you should be aware that Illinois employs a legal standard known as the “best interests” standard in cases involving children. Basically, this means that the child’s best interests will be held as the top priority by the court. If the judge determines child support and custody, they will first consider what is best for your child. This means that you will need to show the court that your preference for child custody is indeed in your child’s best interests.

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 Posted on August 01, 2015 in Child Custody

Two of the most contentious issues in many divorces involve either finances or children. Fighting a custody battle in the midst of your divorce can bring up a whole host of complex questions. This is particularly felt among stepparents.

If you are divorcing, but are interested in remaining involved in your stepchildren’s lives, what legal options do you have? Are stepparents entitled to custody or visitation with their stepchildren after the marriage is dissolved? The answers to these questions are complicated, and depend on numerous factors. If you live in the Schaumburg area and are facing a stepparent custody issue, contact an experienced divorce attorney today. Your lawyer can explain your rights, and help you through the divorce process.

Stepparents’ Legal Rights

Illinois holds natural (adoptive) parents’ rights in high regard. Generally, the law allows parents to decide who their child will spend time with, and who can maintain a relationship with their child. Prioritizing a parent’s right to determine their child’s relationships can become problematic for a stepparent. It is not uncommon for stepparents to form close parental bonds with their stepchildren, especially if the stepparent entered the child’s life at an early age. However, if the stepparent and the natural (or adoptive parent) get divorced, the stepparent may want to continue their relationship with the child. This may be an issue if the child’s parent decides they do not want the stepparent-child relationship to continue.

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 Posted on August 01, 2015 in Divorce

As with all family law issues, each divorce case is unique. Your family and financial situation will determine many things during your divorce, and may even determine how you file for divorce. Some divorces are contested while others remain uncontested. In some cases, what starts as a contested divorce later changes to an uncontested divorce after party negotiations. An experienced family law attorney can help you decide how to file your divorce and work through the necessary steps.

Uncontested Divorces

As the name suggests, an uncontested divorce is one where both parties ostensibly agree about the issues related to the case. This means that the parties do not need a judge to resolve any issues about property, spousal support, or other divorce matters. However, the judge cannot just take your word that all issues have been resolved. To file for an uncontested divorce, you and your spouse must both file a petition in the county circuit court where you live. In this petition for divorce, you will certify to the court that you meet certain requirements for the uncontested divorce. Among others, these requirements include not having any minor children together, living separately and apart for at least six months, and not owning any real estate.

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 Posted on August 01, 2015 in Divorce

Are you considering filing for divorce? Has your spouse already filed for divorce? No matter where you are in the process, you should be aware that a divorce can be complex, lengthy, and involve many legal steps. Of course, every divorce case is different, so the complexity of your case will depend on your family’s specific situation. Many people undergoing or contemplating divorce have questions about this confusing process. If you are facing divorce in the Schaumburg area, the below information could be helpful as you prepare for your divorce. After reading this information, be sure to contact an experienced divorce attorney who can help you through the case.

Filing for Divorce
State law establishes requirements that you must meet before filing for divorce. The law requires that either you or spouse have been an Illinois resident for at least three months prior to filing. This residency requirement is essential because an Illinois family court must first establish jurisdiction, or legal authority, over the case before the judge can make any decisions.

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 Posted on August 01, 2015 in Divorce

Child custody and support matters do not necessarily end when the judge issues their final order. You and your child’s other parent will likely be handling custody and support issues until you child reaches the age of majority. As your child grows older, your circumstances or their needs may change. In some cases, those changes are so drastic that a change to child support is necessary. Changing, or modifying, child support is not a simple matter. The law requires that certain criteria be met before a judge will change a previous support order. If you are concerned that your child’s needs are not being met through the current order, you may want to pursue modification. Likewise, you want to explore modification if your situation has changed and you are unable to pay child support.

The Support Modification Process

Once the judge’s final child support order takes effect, the order automatically becomes eligible for review every three years. This does not necessarily mean that the case will start right back up again in court after three years. Rather, this rule means that a parent can request the judge review the support order after three years have passed.

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