Posted on July 01, 2015 in Divorce

Domestic violence is a problem that unfortunately plagues every community. Too often, victims of this violence do not realize that they can seek the protection of the law through an order of protection. An order of protection, sometimes called a restraining order, prohibits an abuser from hurting or contacting the victim.

How Does the Process Work?

Under Illinois law, a victim of abuse can file for aprotective order to protect against their “family or household member.” The following people qualify as family or household members:

• Parents, children, or stepchildren;
• Spouses or former spouses;
• People who live together or previously lived together;
• People with disabilities and their caregivers;
• People who have a child together; and
• People who have dated or were engaged, regardless of their sex.

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 Posted on July 01, 2015 in Divorce

If you are considering filing for divorce in Illinois, there is important information you need to know. A divorce is a complex legal process, and can be a lengthy process as well. When you think about filing for divorce, there are numerous considerations to make. Additionally, before filing for divorce, you will need to meet certain criteria, such as residency requirements. In some cases, people considering divorce benefit from filing for a legal separation before initiating the divorce process.
What Does Legal Separation Mean?
Basically, a legal separation means that the courts recognize you and your spouse are separated, possibly with the intent of getting divorced. A legal separation is not the same thing as a divorce. It may be helpful to consider a legal separation as a step toward divorce. A divorce completely dissolves your marriage. That is, a divorce means that you and your spouse are no longer legally married. During your legal separation, you remain married to your spouse.
What is the Separation Process?
It is easy to confusion being separated from your spouse with legal separation. A formal legal separation requires a legal process. If you decide to move forward with this legal process, you will start by filing a petition for a legal separation. In that filing, you must show you meet the following requirements for a legal separation in Illinois:

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 Posted on July 01, 2015 in Divorce

There are many common misconceptions about prenuptial agreements. Many people mistakenly think that creating a prenuptial agreement is a waste of time, or that such an agreement is an indicator that the couple will certainly get divorced. The reality is that signing a prenuptial agreement can save you time, stress, and money in case you do get divorced. There are many advantages associated with a prenuptial agreement, particularly for couples with high net worth. Read the information below to learn how you may benefit from a prenuptial agreement. Then, contact an experienced family law attorney in your area.

The Advantages of Prenuptial Agreements

A prenuptial agreement is a contract made between two people intending to get married. The agreement is written and signed before the marriage takes place. The purpose of a prenuptial agreement is to prepare in the event the couple gets divorced or encounters another significant life event, such as death. Of course, these agreements can settle issues common in divorce, so that if a divorce takes place, the couple can avoid extensive litigation.

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 Posted on July 01, 2015 in Divorce

In Illinois, any family law matter that relates to a child is measured by a legal standard known as the “best interests standard.” Essentially, this means that the child’s best interests take top priority in the case. Figuring out the best interests, under the legal standard, is not an easy task. In fact, there are many complex factors that are involved in determining what the child’s best interests are. These complexities are particularly highlighted during child custody cases. Determining what custody arrangement is in your child’s best interests will take patience, and a skilled legal advocate who understands this complicated area of law.

How Are Best Interests Determined?

During a custody case, a judge will need to determine what custody arrangement is in the child’s best interests. This determination is not merely left up to the judge’s discretion, however. Illinois law establishes several factors that a judge must consider when determining the child’s best interests. These factors include:

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 Posted on June 01, 2015 in Divorce

Family law cases can be contentious due to the emotional nature of the dispute. This is especially common in cases that involve children. In fact, child support matters are notorious for often causing a great deal of strife between the two parents. Furthermore, whenever money and children are involved, cases can also become complicated. Calculating child support is a complex process, so it is important to consult with an experienced attorney when facing a support dispute.

How Is Child Support Calculated?

There are two main factors that go into a child support calculation: the non-custodial parent’s gross annual income and how many minor children they financially support. This calculation depends on the custodial arrangement in the case. In most cases, there is a custodial parent and a non-custodial parent. The child primarily lives with the custodial parent, and may spend some time with the non-custodial parent. Generally, the non-custodial parent pays child support to the custodial parent. These payments are usually made via the Illinois State Disbursement Unit, an agency within the Illinois Department of Child Support Services.

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 Posted on June 01, 2015 in Divorce

If you are considering filing for child custody in Illinois, or are already facing a custody dispute, you likely have numerous questions. It is important to understand that there may be complex legal challenges that arise in your case. There is also important information you need to know at the outset of your case. Read the information below to learn about common issues in many custody matters. Then, contact an experienced local attorney to discuss your unique circumstances.

Are There Different Types of Custody?

There are twotypes of child custody: legal and physical. Legal custody is a parent’s authority to make major decisions in their child’s life. For example, a parent with legal custody may make educational, medical, and religious decisions for their child. On the other hand, physical custody refers to the child’s living situation. In other words, the parent with primary physical custody is the parent who lives with the child the majority of the time.

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 Posted on June 01, 2015 in Divorce

here is a common misconception that fathers do not have equal parental rights in custody and child support disputes. Decades ago, mothers were given preference in most custody matters. However, the current law recognizes both parents’ rights to their child, as well as both parents’ obligation to financially support their child. When a father enters into a custody dispute, he may need to legally establish his paternity. A father may need to prove to the court that he is the child’s father in order to access his parental rights. This can be a complicated process, so if you need to establish paternity, consult with a skilled lawyer immediately.

How to Establish Paternity

If both parents of the child were married to each other when the child was born, or nine months before the child was born, the husband is presumed to be the legal father. This means that he does not need to take further action to establish paternity in a child custody matter.

However, if the father cannot be presumed as the legal father, he will need toestablish his paternity in one of three ways:

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 Posted on June 01, 2015 in Divorce

Dividing Property in Divorce

Many divorcing spouses believe the common misconception that during divorce, all property is divided equally between the parties. In some states, this 50/50 style of property division is called community property division. However, Illinois state law created a different standard, termed equitable distribution, under which marital property is divided. Marital property is usually all property acquired by either or both spouses during the marriage. Using equitable distribution, both spouses are entitled to a fair, but not necessarily equal, portion of marital property based on their contributions to the marriage. These contributions can include financial support, emotional support, taking care of the couple’s children, creating a home environment, and other contributions.
The exact amount of each spouse’s portion of the marital estate (all property considered to be marital) depends on a number of factors, including:

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 Posted on May 01, 2015 in Divorce

After your family law matter is resolved, your next steps will focus on moving forward with your life. Sometimes, this means finding a new job or pursuing a different career path. Or, you may want to begin a new relationship with a significant other. Often, after a family law dispute has been settled, one party may wish to relocate to a different city, state or country. There are many reasons you may wish to move, and you may want to relocate with your child. Parents wishing to move with their child may face legal challenges related to child custody.

Deciding Child Custody

In Illinois, every child-related family law matter is determined based on the child’s best interests. How are the child’s best interests defined? State law sets out a list offactors that a judge must consider when making that decision. When a judge awards custody, he or she will consider the following:

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 Posted on May 01, 2015 in Divorce

How Does the Legal Process Work?

Once you have decided to pursue a divorce, there are many legal steps to take. First and foremost, it is important to discuss your case with an experienced attorney in your area. Once you find the right lawyer for you, your petition for divorce will be filed in court. This petition will ask the court to grant your divorce, and to settle related issues such as determining alimony, dividing property, and setting child support if necessary. There are certain requirements to file for divorce in Illinois. For example, one or both spouses must be a state resident for at least 90 days prior to filing for divorce. Depending on the grounds of divorce in your case, other requirements may apply. Once the case has begun, court dates will be set, and your lawyer will explain your choices based on your specific circumstances.

How Is Property Divided?

Under Illinois law, marital property is divided under the “equitable distribution”standard. Basically, this means that both spouses will receive a fair share of the marital property based on their individual contributions to the marriage. These contributions may be monetary, like paying for home repairs, or non-monetary, like domestic services.

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