Posted on December 11, 2015 in Main

In addition to child custody and visitation modifications, several significant changes to family law in Illinois will take effect January 1, 2016. These changes impact parents with children of all ages, as well as the process for obtaining a divorce.

Changes to Illinois Law

Beginning in January, under Illinois law, irreconcilable differences will be the only basis for divorce. As a result, it will no longer be necessary to argue and prove fault (such as mental cruelty, adultery and/or abandonment) to complete the divorce process. Also, if the parties have lived separate and apart for six months prior to the entry of the judgment to dissolve the marriage, there is a presumption that irreconcilable differences exist. Importantly, this presumption cannot be rebutted. The six-month period is a change from the previous two-year requirement.

After a divorce has been completed that involves children, custodial parents in Cook, DuPage, Kane, Lake, McHenry, and Will Counties will be allowed to relocate up to 25 miles from their current residence without court permission. Parents in all other counties will be allowed to move up to 50 miles from their current residence without the permission of the court. Additionally, parents can move up to 25 miles across state lines without court permission.

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 Posted on December 04, 2015 in Main

When a couple decides to get divorced, it can be particularly hard on any children involved. This is true even when a divorce is amicable and parents put the interests of their children first. Most times, children are kept together when it comes to child custody determinations. However, under certain circumstances, there may be reasons why it is desirable to have siblings split between the parents.

Splitting Siblings

Courts usually believe that it is in the best interests of children to keep siblings together and that the loss of living with one parent is already difficult enough. Therefore, the preservation of the sibling relationship is important. However, there are situations in which splitting up siblings may be acceptable and include the following scenarios:

1. Siblings are not able to get along, to the point that they are abusive or combative towards each other;

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 Posted on November 27, 2015 in Main

If you are interested in adopting a child from outside of the United States, it is important for you to be aware of the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention). The Hague Convention made some significant changes to the requirements in international adoptions. While these changes increased the protections for those involved in adoptions, it also increased the time international adoptions take to complete. The following examines the requirements placed on adoption service providers under the Hague Convention.

Hague Adoption Convention

The Hague Convention is an international agreement intended to establish safeguards to ensure that intercountry adoptions occur in the best interest of the child being adopted and to prevent the abduction, sale, or trafficking of children. In the U.S., the Hague Convention became effective in 2008. The Hague Convention is applicable to all adoptions between the U.S. and other countries that have also adopted the Hague Convention. Most of the countries that individuals from the U.S. adopt children from are Hague Convention countries. A full list of the member nations of the Hague Convention can be found online.

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 Posted on November 20, 2015 in Main

On January 1, 2016, significant changes will go into effect in Illinois under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Specifically, changes will be made to child custody and visitation. Therefore, it is important to be aware of these changes as 2016 begins.

Allocation of Parental Responsibility

Beginning January 1, 2016, the entire section on custody will be named the Allocation of Parental Responsibility—the terms “custody” and “visitation” will no longer be used in Illinois. Moreover, custody orders, visitation agreements, and parenting agreements will be removed from the chapter and will be replaced with allocation judgments, parenting time, and parenting plans. An allocation judgment is a judgment that allocates or directs parental responsibilities.

Parental responsibility involves parenting time and significant decision making authority, with respect to the ordinary caretaking functions of minor children. Replacing the term visitation is parenting time, which is defined as the time a parent is responsible for conducting the defined care-taking functions and decision making responsibilities that are considered non-significant. Significant decision making responsibility is now considered a distinct category, separate from parenting time, and it involves issues that are of long-term importance to a minor child.

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 Posted on November 13, 2015 in Main

Among the issues to resolve in some divorce cases is the division of antiques, collectibles, or other unique items. Although this type of property is commonly at issue in high net worth divorces, antiques and collectibles may be a part of any divorce. In addition to having significant monetary value, these items often have sentimental value. Because of this, it can make dividing this property very difficult, particularly in contentious divorces.

Dividing Antiques and Collectibles

Antiques, unique items, or collections such as art, coins, or wine, are often not easily dividable. Further, it can be difficult to determine the value of these types of items. Contributing to that difficulty is the fact that antiques and collectibles may have significantly increased in value since they were first purchased or acquired.

One certain way in which to deal with the division of this type of property is to sell all of it and then simply divide the proceeds. However, if there is an emotional attachment to the property, this will not be a desirable option. Instead, the property will have to be valued and allocated between the parties.

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 Posted on October 30, 2015 in Main

Sexual offenses of a parent have significant consequences on their child visitation and custody rights. This is true even if an offense did not involve any harm to a child. Issues related to visitation and custody for a parent convicted of a sex offense may arise during or after divorce proceedings.

Limited Rights

A parent who has been convicted of a sexual offense faces limited rights when it comes to decision making, parenting time, and visitation of a child. In all cases, a child's best interests are always considered by the court.

Under Illinois law, in determining the allocation of significant decision-making responsibilities, the court considers, among other factors, whether one of the parents is a sex offender. If this is the case, the court also considers the exact nature of the offense and any treatment that the parent participated in.

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 Posted on October 16, 2015 in Main

Domestic violence not only disrupts the marital relationship, which may lead to a divorce, but it also creates danger for the victim and others living within the household. Further, domestic violence can occur between more individuals than just spouses. Ultimately, certain legal action should be taken when encountering domestic violence.

What is Domestic Violence?

Under Illinois law, domestic violence is defined as physical abuse, intimidation, harassing, interfering with the personal freedom, or willful deprivation of another family or household member. Family and household members are defined as:

1. Family members related by blood;
2. Individuals who are or used to be married to each other;
3. Individuals who live or used to live together;
4. Individuals who have a child with each other; and
5. Individuals who are or used to be dating each other.

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 Posted on October 09, 2015 in Main

For various reasons, a custodial parent may wish to move with his or her child to another state. However, this could lead to a contested child custody dispute. When the non-custodial parent does not want the relocation to occur, the custodial parent must obtain a court order allowing the move to take place.

Best Interests of the Child

The first step when a custodial parent desires to move a minor child with them out of Illinois should be to notify the non-custodial parent with the date of relocation, the address of the intended residence, and the duration of relocation. If the non-custodial parent agrees to the move, and does so by signing the notice, then a court order may not be required; however, it is a good idea to have an agreed order entered. If the non-custodial parent does not agree to the move, then the custodial parent will bear the burden of proving in court that the relocation is in the best interests of the minor child.

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 Posted on September 27, 2015 in Main

Consent is often required in order for a child to be adopted in order to ensure that a child's biological parent fully understands what placing the child up for adoption means—consent provides protection for a child who is placed for adoption. However, in certain circumstances, consent is not required for the adoption of a child.

Giving Consent

Under Illinois law, when consent is required, it can be given by a wide variety of people or entities, depending on the specific situation. Consent can be given by the biological mother and the father, if the father:

• Was married to the mother on the date of the birth of the child;
• Is the father by adoption or another legal method in the state of Illinois;
• Openly lived with the child or his or her mother, and openly claimed to be the child's father (for a child placed for adoption less than six months after birth);

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 Posted on September 18, 2015 in Main

When considering divorce, a couple often questions how their assets and property will be divided. While this determination is very important, it is often just as important to consider how the debts of the couple will be divided. In many ways, the division of debt is treated similarly to the division of property. However, there are additional issues to consider when dividing debt between divorcing parties.

Equitable Division

In Illinois, property and debt is divided in a way that is intended to be equitable to both parties. However, equitable division does not necessarily mean both sides will receive an equal share. In making this determination, the court will consider several factors such as the length of the marriage and the financial situation of the parties.

A divorcing couple can avoid having to deal with dividing debt altogether if they agree to pay off all of their debt prior to filing for divorce. While this provides a clean financial break from each other, many couples do not have the financial resources to utilize this option.

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