Free Initial Consultations

Phone630-580-6373
With offices in Naperville, Joliet, Wheaton, Plainfield & Chicago
Livas Law Group

Recent Blog Posts

New Federal Adoption Bill May Be Discriminatory

 Posted on September 05, 2014 in Child Custody

Illinois adoption bill

Many people dream of having children, and the adoption process is an outlet for single people, couples who cannot have their own children, and gay couples to realize that dream. Even couples who may already have children of their own wish to adopt in order to give a loving home to a child who may not otherwise have one. With so many children up for adoption in the United States, and usually not enough homes to place them in, it may be somewhat surprising that federal lawmakers recently introduced a bill that allows foster-care agencies the right to deny services based on religious or moral beliefs.

The Bill

The bill states that it would allow organizations with religious or moral convictions to continue to serve children without having their funding terminated for violating anti-discrimination laws. If they do suffer any adverse action, the bill allows for such organizations to seek declaratory and injunctive relief as well as compensatory damages. In addition to denying funding, other actions that would be considered adverse, according to the bill, include denying a provider’s application for funding, having their funding canceled, refusing to enter into, renew, or canceling a contract with a provider, declining to issue the provider a license or canceling a license, and terminating the provider’s employment, among other things.

Continue Reading ››

Child Visitation Law in Illinois

 Posted on September 03, 2014 in Child Support

child visitation lawWhen the parents of a child are no longer a couple or when their relationship fails, they often have a difficult time reaching an agreement when it comes to custody of any children they have together. Of course, many factors can contribute to the breakdown of a family unit, whether marriage was involved or not. When a couple no longer has romantic feelings in common, but still have a child in common, conflicting opinions may cause issues to quickly arise. When these parents cannot come to an agreement about child custody, the law in Illinois steps in to set a schedule for child visitation.

Visitation Rights

Absent extreme circumstances where a parent may have his or her rights terminated by a judge, every parent has reasonable rights of visitation with regards to their children. If a parent is being denied visitation with their children, he or she has the right to take the matter to court in Illinois and have the case heard before a judge. It is important to note that other family members, including grandparents, do not have the same rights to visitation according to Illinois law, although they, too, may be granted visitation by a judge under certain circumstances.

Continue Reading ››

What Role Does Adultery Play in Illinois Divorce Law?

 Posted on September 02, 2014 in Divorce

Illinois adultery lawJanuary 1, 2016 Update: The Illinois Marriage and Dissolution of Marriage Act (IMDMA) underwent some significant changes. Removal of the at-fault divorce, such as the heart balm provision used in divorces involving adultery, was one of those changes. This essentially means that, while still emotionally painful, adultery holds no legal implications in divorce.


Unfortunately, it is an all-too-common scenario where one spouse engages in a romantic relationship outside his or her marriage. In situations such as these, the act of adultery not only severely compromises the relationship between spouses, but also has a significant chance of altering the relationship between a parent and any children of the marriage, as well.

Because of the negative emotional toll cheating has on the entire family, it is perhaps not surprising that acts of adultery play a role in many divorces. However, just because adultery may have led a couple to divorce, it is not necessarily telling of how adultery will affect the legal process of divorce proceedings.

Continue Reading ››

Beyond Financial Considerations for Divorcing Retirees

 Posted on August 29, 2014 in Divorce

divorcing retirees

A divorcing couple’s finances are often one of the largest issues to be addressed by their lawyers and a judge in court. It is usually assumed that the spouse who benefits from a financial award has prevailed. However, a financial article recently suggested that other factors may be more important than money in a divorce, especially for retirees and those about to retire.

Lasting Effects

The repercussions of a decision in a divorce case last far beyond the end of the case, and can even be felt years down the road. Retirement plans made by a couple when they were married can be completely upheaved when they divorce, leaving two single people to make new plans for retirement. Items of property that were assigned to one side over another may be difficult to sell, or may be only of sentimental value. Other non-financial factors, such as family visitation, are also important, despite the lack of financial value.

Continue Reading ››

Cohabitation with Kids: Worse than Divorce?

 Posted on August 27, 2014 in Divorce

cohabitationWith more and more family units in America cohabiting before or even in lieu of marriage, some are wondering about the effects that choice has on children of cohabiting couples. A Washington Post article criticized the practice, saying that cohabitation has replaced divorce as the biggest source of instability for families in America. Opponents of the practice maintain that the practice is a big issue for American families.

Increase in Popularity

The practice of cohabitation became increasingly popular in America in the 1970s, either before or as an alternative to marriage. In the early 1990s and leading up to now, cohabitation has become a commonplace venue within which to have and raise children. A report published in 2011 found that children were more likely to experience cohabitation than a divorce between their parents.

Continue Reading ››

Advice for Parents of a Divorcing Child

 Posted on August 25, 2014 in Divorce

divorcing childMany cases of divorce usually involve concern about any children who may be involved. Usually, this feeling is aimed at the children of the divorcing couple whose parents have decided to end their marriage. However, consider sympathy for children involved in divorce from another angle: parents’ concern for the welfare of their adult child who is divorcing. A recent medical article gives parents advice on what they can do to support their adult child whose marriage is ending.

Parents of a Divorcing Couple

With so much focus usually on the couple who is divorcing and their children, it is often easy to overlook the emotions of the parents of the divorcing couple. However, their concern, and even fear, about the situation is understandable and should be expected. They often mourn the loss of the marriage and may be anxious about the potential of their relationship with their grandchildren to be changed by relocation or custody orders. Many parents of divorcing couples struggle with these and other emotions, including confusion, disbelief, and sadness.

Continue Reading ››

New Views on “Blended” Families

 Posted on August 22, 2014 in Family Law

blended familiesOver the years, many stereotypes have arisen about stepfamilies. From tales involving evil stepmothers to television shows depicting the perfect mix of complementary stepsiblings, it seems the public portrayal of blended families may have experienced a shift in our culture. A recent article suggests that the idea of the perfect blended family is unrealistic and that stepfamilies should be viewed in a more realistic, and less traditional, sense.

Outdated Terms

The author of the article suggests terms such as “broken family,” “co-wives,” and “blended family” are not only outdated, but in many ways, offensive. These terms promote inaccurate views of divorce, suggest strange versions of relationships, and imply ignorance about the reality of stepfamily life. All of these presuppositions, the author says, contribute to unrealistic expectation of family life and result in divorce in many cases.

Continue Reading ››

Money Can Be a Serious Issue in Marriage

 Posted on August 20, 2014 in Prenuptial and Postnuptial Agreements

money managementAlthough the popular saying is that opposites attract, many couples may find that having similar beliefs and attitudes about key issues may go a long way in improving their chances at a successful relationship - especially when it comes to marriage. Now, more than ever, shared attitudes regarding money management may be an important factor for couples who are preparing to marry or who recently tied the knot. For example, two people in a couple who both share ideas about planning for the future and saving money may find a particular benefit when it comes to the issue of money within marriage.

Finances within Marriage

According to a recent news article, arguments about money early on in marriage may be one of the top predictors as to whether the relationship will last or result in divorce. This fact was discovered in a 2012 study completed by a researcher at Kansas State University. In light of this information, many couples are making it a priority to discuss finances before entering into marriage.

Continue Reading ››

Some Let Coin Flip Decide the Fate of their Relationship

 Posted on August 18, 2014 in Divorce

relationship coin flipMany couples struggle with the decision to end their relationship. They consider if it is the right choice to make, weighing the consequences of the action and hurt feelings and sadness that will likely arise in the process. While many people may make the decision to end their relationship after much thought and reflection, a recent article suggests that others may leave the final choice about the fate of their relationship up to the random act of flipping a coin.

Approaching Problems

Two authors, Steven Levitt and Stephen Dubner, recently wrote a book urging readers to approach their problems in unique ways. The book, titled ‘Think Like a Freak,’ focuses on encouraging people to start thinking about the world differently. The final chapter of the book is about the positive aspects of quitting. As opposed to the common advice regarding sticking it out through tough times, the authors instead suggest that sticking with something is not always beneficial. Instead, they say, people should quit sooner rather than later.

Continue Reading ››

The Effect of Domestic Violence on Child Custody Cases

 Posted on August 15, 2014 in Child Custody

domestic violenceWhile domestic violence sometimes reflects an abusive relationship between two partners, it is a sad fact that many times, domestic violence reaches the entire family and affects children as well. Even if children are not the object of the abuse, the negative effects on their well-being from exposure to such conduct is undeniable. The state of Illinois obviously agrees, since the legislature takes the position that domestic violence is unhealthy for childhood development. Illinois courts take domestic violence incidents into special account when making custody determinations.

Domestic Violence and Custody Decisions

Since a good portion of domestic violence cases ultimately involve divorce and/or child custody proceedings, it makes sense that such cases receive special consideration by Illinois courts. Specifically, in custody cases in which domestic violence is an issue, courts presume that it is in the child’s best interest to not have contact with the parent accused of abuse. This includes living with the abusive parent and having visitation with him or her. It is the law that the judge must be notified at the outset of any custody case whether either party to the matter is involved in other court proceedings regarding domestic violence or protective orders.

Continue Reading ››

Back to Top