Posted on August 14, 2015 in Main

For numerous reasons, a parent may wish modify a child custody determination. While under most circumstances a modification of a child custody judgment is difficult to obtain, it is possible. Understanding the process of modifying a child custody judgment is important for parents who believe their child would benefit under a different custody plan.

Demonstrating Modification is Necessary

The court retains continuing jurisdiction to modify a child custody judgment. However, under most circumstances, modification of a child custody judgment will not be considered until after two years have passed since an original custody judgment is entered—it is believed that giving children the greatest amount of stability after a decision has been made is most beneficial for them. Under Illinois law, the only way a child custody judgment may be modified earlier than two years is if a court permits it on the basis of affidavits that there is reason to believe the child's present environment may endanger seriously his or her physical, mental, moral or emotional health.

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 Posted on August 07, 2015 in Main

An important part of a divorce proceeding is the division of property. An individual's pension and/or retirement accounts earned and/or acquired during the course of the marriage will be included as part of the marital property that is divided.

Pensions

Under Illinois law, both vested and unvested pensions can be considered marital property. Marital property is all property acquired by either spouse during the course of the marriage. Anything considered marital property must be divided equitably. It does not make any difference which spouse actually earned the pension or whose name the pension is in. An equitable division of property means that the property is divided fairly; however, it is not necessarily divided equally. In some cases, one spouse may be awarded a significantly greater amount of the marital property than the other spouse.

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 Posted on August 03, 2015 in Main

For some couples, the decision to divorce is a mutual agreement. When both parties are willing and able to cooperate, the use of mediation may be appropriate. Moreover, mediation can help divorcing couples understand the laws governing divorce and ensure that all issues are addressed.

The Mediation Process

A mediator is a neutral third party who helps to facilitate conversation and negotiation between a divorcing couple. It is highly advisable to hire a mediator who is a licensed attorney with a specialized focus on family law. By using a mediator with these qualifications, a divorcing couple can better ensure that all issues are addressed.

During the mediation process, a couple will meet with the mediator regularly, usually in a conference room or office. Through a series of meetings or sessions, each issue relevant to the divorce will be addressed and negotiations will begin. Important issues that may need to be resolved include the distribution of marital assets and the determination of child custody and visitation. Once each issue is resolved, the mediator (or, in some cases, an attorney of one of the parties) will draft an agreement and, when necessary, a parenting schedule or plan. Finally, these documents will become part of the judgment officially ending the marriage entered by the court.

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 Posted on August 03, 2015 in Main

In divorce cases in which children are involved, one aspect that is sometimes disregarded is the impact on grandparents and their ability to see their grandchildren. This can often be very frustrating for grandparents and confusing for minor children. However, it is possible for grandparents and great-grandparents (as well as siblings) to request the court to grant them visitation rights.

Requesting Visitation

Visitation is defined as in-person time spent between parents and their minor children. Normally, visitation is associated with the non-custodial parent spending time with his or her children. However, visitation can also be expanded for grandparents or siblings. Under Illinois law, grandparents and siblings of children who are at least a year old can petition the court to request visitation. A petition for visitation may be brought during a pending divorce proceeding or any other proceeding that involves custody or similar issues.

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 Posted on August 03, 2015 in Main

When a child is involved in a divorce, an important issue to be resolved is determining how the child will be raised. One aspect of this issue is the religion under which the child will be raised. For some divorcing parents, religion is not an issue, because the parents either have similar religious views or one or both do not have a serious preference. However, for others, the issue of religion is a critical part of the post-divorce relationship.

The issue of a child's religion is becoming more prevalent as couples with different religious beliefs are going through divorce. The decision of what religion a child will be raised can also impact several additional decisions related to the child; such as, education and after-school activities in which the child will be involved. Further, divorcing parents may have intended to agree on the religion of the child during their marriage; however, the strain and emotion of a divorce may cause them to be uncooperative with each other now that they are separating.

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 Posted on May 11, 2015 in Main

The Illinois Adoption Registry and Medical Information Exchange (IARMIE) program facilitates the transmission of information between members of adoptive and birth families. At some point throughout one's life, parents or children may want to initiate contact or obtain medical history. In fact, knowing a biological parent's medical history can help develop a clearer picture of future potential health issues. The Department of Public Health establishes the regulations in order to operate the Registry confidentially.

Under Illinois law, an Adoption/Surrender Records File is created when a person voluntarily registers with the Registry through the completion of an Illinois Adoption Registry Application or a Registration Identification Form. A Records File contains, if available, the following information:

1. Certain sections of an adoption application or registration form;

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 Posted on December 05, 2014 in Main

When an individual attempts to end their marriage, or tries to inherit from a spouse, it can come as shock to discover he or she was never legally married in the first place. Situations such as these can cause problems for an unwitting spouse, and he or she may suddenly feel abandoned and left without protection under the law. However, in Illinois, there may be hope if certain conditions are met.

Putative Spouse Under Illinois Law

In various cases, the saving grace under Illinois law is the recognition of the concept of a putative spouse. A putative spouse is a person who:

• Goes through a marriage ceremony; and
• Cohabits with another person to whom he or she is not legally married in the good faith belief that he or she was married to that person.

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 Posted on November 24, 2014 in Main

Going through a divorce can be very difficult for both spouses. A divorce signifies a massive change in life, and, as such, either or both spouses may wish to seek solace in a new partner for comfort and love. Although dating may provide emotional support, spending time with a new romantic interest could negatively impact the divorce proceedings before they are finalized.

Dating Outside of Divorce May be Grounds

Spouses can get divorced in Illinois by claiming irreconcilable differences and satisfying a time period of separation from each other. Spouses may also be divorced by claiming certain grounds for divorce, one of which is adultery. However, claiming adultery only gives a spouse the basis for a divorce, and is not considered a factor when a court is deciding division of marital property or child custody, as the law does not consider marital fault in those matters.

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 Posted on October 19, 2014 in Main

With a new law passed in 2013, Illinois now joins several other states that require casino winnings to be withheld if the winner is behind in child support payments. In addition to casinos, winnings can also be garnished at racetracks and at riverboat gambling facilities to pay overdue child support payments.

With the requirement to collect from casinos and racetracks, gaming establishments are supposed to provide notice to potential winners that the establishments are required to withhold winnings until back child support is paid. Signs to this effect may be at the entrance and exits, the cashiers' cages if applicable, and at any credit points within the establishment. The winner can also be informed at the time the winnings are withheld.

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 Posted on August 20, 2014 in Main

Mediation is a part of a process known as alternative dispute resolution, which involves resolving issues outside of the courtroom. In child custody matters, mediation refers to a process where the parties to a divorce come together with a trained mediator to work out custody and visitation issues in their case. The mediator's role is one of a referee, facilitating communication between the parties as they work out the issues in their divorce, and how they would like to see them resolved. Mediators can either be appointed by the judge in the case, or agreed to by the parties. For divorces involving child custody/visitation issues in most counties, judges can and will order the parties to attend mediation through a Court Referred Divorce Mediation Program.

Court ordered mediation may be ordered in situations where the parties need to resolve issues of parental responsibility, custody, visitation, removal and access to children. In mediation, the parties can prioritize the needs of their children, explore their parental relationships, and come up with a parenting plan that works for the whole family. In order to further one potential goal of mediation, working out the child issues in a way that benefits all the parties, the parents are ordered to attend parenting classes. These classes can be very beneficial to parents, teaching them how to co-parent after the divorce.

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