Posted on December 08, 2021 in Domestic Violence

Victims of domestic violence in Illinois face a difficult set of choices. Because many victims fear that they may face retaliation if they seek legal help, it can feel as though they are in the impossible dilemma of trying to fix a problem only to risk it getting worse. But if you feel stuck in an abusive situation where you are enduring emotional, physical, or sexual abuse, you likely already know that you do not want to live with it forever. Fortunately, there is help available: you can file for an order of protection in Will County today.

First, Make Sure You Are Safe

Statistics show that victims of domestic violence are most likely to be attacked if they try to leave their abuser or get help. It is important to make sure that you have a plan or a place to go if you are afraid for your safety. You may not be able to control your abuser’s behavior, but you can resolve to put yourself and your children in a safe place. Once you are ready, you can file for an order of protection at any time - even at night or over the weekend when the court is closed.

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 Posted on November 29, 2021 in Divorce

As a newly engaged person, you may have a million thoughts running through your head. Some of these thoughts may be related to a prenuptial agreement. Prenuptial agreements or “prenups” are legal documents that protect spouses’ financial interests in the event of death or divorce. However, there are many myths and misunderstandings associated with these essential legal documents. Read on to learn about the basics of signing a prenup in Illinois.

What Is the Purpose of a Prenup?

If your soon-to-be spouse has asked you to consider signing a prenup, your first thought is probably, “Why?” Prenuptial agreements have been increasing in popularity recently for a variety of reasons. One reason is that people are simply more realistic about marriage and divorce. Even the most loving couple may eventually break up. The purpose of a prenuptial agreement is to prepare for this possibility.

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 Posted on November 24, 2021 in Child Custody

Being a parent is one of the toughest jobs in the world. Being a divorced parent is often even more challenging. If you are a parent who is separated or divorced, you may be worried about how you and your children will get through the holidays. The first Thanksgiving, Christmas, Hanukkah, or other major holiday after a separation or divorce can be difficult to handle. There is no perfect way to handle the holidays as a divorced parent, but the following tips may help.

Make Sure Holidays Are Addressed in Your Parenting Plan

When parents get divorced in Illinois, they create a parenting plan which addresses parental responsibilities, parenting time, and other important child-related matters. If the parents cannot agree on the elements of the parenting plan, the case may eventually be decided by the court. When parents make their own parenting plans, they are required to include approximately 15 individual provisions described in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). However, parents should go above the bare minimum when it comes to drafting their parenting plan. They should include specific information about where children will spend holidays, birthdays, and other special days. Deciding these matters in advance can help the parents avoid conflict.

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 Posted on November 12, 2021 in Divorce

The decision to end a marriage is not one that is reached easily – especially after years or decades living as a married couple. Divorce after age 50 takes courage. It can be frightening to leave the predictability of your marriage and embark on a new life chapter. Ending a marriage near retirement age can also involve several financial complications. Many people in their 50s and 60s hope to retire and spend their time playing with grandchildren, traveling, or otherwise enjoying their golden years. Some divorcing spouses over age 50 worry that the divorce will upset these plans. If you are considering divorce, it is important to know how the split can impact your financial future.

“Gray Divorce” Rates Show More Older People Are Divorcing

The American Association of Retired Persons (AARP) created the phrase "gray divorce" to describe divorce involving spouses over age 50. Although the overall divorce rate has declined, gray divorce rates are higher than ever. In fact, the number of older people getting divorced has doubled in the last several decades. The reasons for this significant increase are just as varied as the people getting divorced. Some people divorce because they simply reach the conclusion that their marriage no longer works. Others divorce later in life because their children have grown up and moved out of the home. Whatever the reason, getting divorced after age 50 can present unique challenges – legally, financially, and emotionally.

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 Posted on November 05, 2021 in Divorce

The internet has changed nearly every aspect of our lives – including how we meet potential romantic partners. Over a third of Americans report using dating websites or dating apps to meet people. Social media has also radically changed the way that people meet, date, and marry. Facebook, Instagram, and other social networking sites are also increasingly involved in divorce cases.

One study recently showed that meeting online was associated with a greater chance of divorce. In fact, the research shows that couples that meet online are over six times more likely to divorce.

Online Dating Associated With Higher Divorce Rates

Online dating has led to countless successful marriages. However, meeting a potential spouse online may not be the best way to find lasting marital happiness, according to the research. Approximately 12 percent of couples who met online ended their marriage within three years. Experts suggest that many people who meet online do not know each other as well as they think they do. They do not have access to information about the potential suitor from mutual friends and family that people who met through traditional means have access to.

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 Posted on October 22, 2021 in Domestic Violence

Domestic violence and abuse can take many different forms. Abusers often use intimidation and psychological manipulation to control their victims. Sometimes, this takes the form of stalking. If you have been the victim of stalking, you know just how frightening it can be. Stalking is considered a criminal offense in Illinois. If you have been the victim of stalking during a divorce or other family law issue, you should know that there are certain legal protections available to you. A “Stalking No Contact Order” is a legally enforceable court order that prohibits a stalker from contacting or coming near the victim.

What Does Illinois Law Consider Stalking?

Stalking is defined by Illinois law as repeatedly contacting or following someone in such a way that the person fears for their safety or the safety of someone else and makes the person suffer emotional distress.

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 Posted on October 15, 2021 in Child Support

Whether you are an unmarried parent or one that will soon be divorced, you may have several questions about child support. Illinois law requires both of a child’s parents to contribute to the child’s financial needs. Most commonly, this is accomplished by the parent with less parenting time paying child support to the parent with greater parenting time. Of course, child support is not always as straightforward as it seems.

How Much Child Support Does a Parent Pay?

The amount a parent pays in child support varies from case to case and is typically calculated using a set formula. The most influential factor in Illinois child support payments is the difference between the parents’ net incomes. The greater the difference between their respective incomes, the greater the paying parent’s contribution.

Does Child Support Decrease if Parents Have Equal Parenting Time?

You may wonder if a parent has to pay as much in child support if they are responsible for a significant portion of the parenting time (formerly called visitation). When both parents have 40 percent or more of the parenting time, meaning 146 overnights or more a year, this is called a “shared parenting” child custody arrangement. Child support may be decreased proportionally.

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 Posted on October 11, 2021 in Domestic Violence

Many are surprised to learn just how common domestic violence is in Illinois. Sadly, violence between spouses, romantic partners, family members, and housemates happens in millions of homes across the Prairie State. It is estimated that over 40 percent of women and 26 percent of men in Illinois have been victims of intimate partner violence or violence between current or former romantic partners.

If you have been abused by a family member or romantic partner, you are not alone. There are steps you can take to protect yourself and your children. One of the most important of these steps is seeking an order of protection.

A Plenary Order of Protection Can Last Two Years

In previous blogs, we have discussed the way an Emergency Order of Protection (EOP) can protect domestic violence victims from further abuse. EOPs are a crucial first step for many abuse victims. However, EOPs only last a few weeks. Plenary Orders of Protection are long-term protection orders which may prevent an abuser from contacting the victim, coming to the victim’s home or work, and more.

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 Posted on September 30, 2021 in Divorce

Beginning the divorce process can be a daunting task. After all, most people have little experience dealing with legal issues prior to their divorce case. If you are like many people ending a marriage, you may have never stepped foot in a courthouse before. Understandably, you may feel confused and intimidated by the process. You may be unsure of what to expect. While each divorce case is different, most cases follow the same basic structure and involve similar concerns.

How Do You File for Divorce in Illinois?  

Every divorce begins with the divorce petition, technically called a Petition for Dissolution of Marriage in Illinois. One spouse, called the petitioner, files the paperwork with the court and the other spouse, the respondent, is expected to “respond” to the divorce petition. The respondent may choose to do nothing. In this case, the judge will make a “default judgment” which means that the divorce concludes without the respondent’s input on issues like the division of assets and debts, child custody, and child support. If you live in the Chicago area or have children, you may also need to file additional forms.

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 Posted on September 23, 2021 in Family Law

Research shows that fathers’ involvement in their children’s lives is associated with better academic achievement, intellectual functioning, and social skills. Children with absent fathers are more likely to suffer from mental health problems like depression. Unfortunately, some fathers do not see their kids as often as they want because they are unaware of their rights. If you have established the paternity of your child and you are not a danger to your child’s well-being, you may be able to secure visitation or parenting time. However, you may need to take certain steps to assert this right.

You Must Establish Paternity First

If you are interested in spending more time with your children, you may need to take certain steps to establish your parental rights. Before you are given the right to parenting time with your child, you must establish paternity. “Paternity” refers to the legal relationship between a father and his child.

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