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Recent Blog Posts

Things that you should discuss with your Child about your Divorce

 Posted on September 13, 2013 in Divorce

Many kids describe the divorce of their parents as the worst thing in the world. Divorce will never be easy for the children. You will be going through your own set of emotions and worries through the divorce process. However, according to Psychology Today, a few things are important to discuss with the children.

TheresaCommunication is Paramount Divorce is one of the most stressful things that a kid can go through during childhood. If you have multiple children, remember that each child will process the divorce differently. While it may be tempting to just deal with it as it comes, initiate a dialogue with your child regarding their feelings about what is going on. Direct Effects One question that most kids have when they learn about the divorce is, "What about me?" Just as you are feeling unsure about the future, remember that your child is stuck in the middle. The child did not do anything to contribute to the situation but may feel the most loss. Make sure to reassure the children that no matter what, their safety and stability are still the number one priority. Let them know that both parents still love them very much. Seek Professional Help No matter how well adjusted the child may seem, seek professional help. Many children will feel protective and not want to say much because they do not want to make the matter even worse. No matter how open you are with them, they may need someone else that they can talk to. They may have friends and other siblings but they cannot provide the professional level of assistance that they may need to cope with the division of their home. If you are facing a divorce, you don’t have to go through it alone. An experienced and empathetic DuPage County family law attorney can assist you with any legal support that you require.

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New Laws mean Big Changes in Domestic Violence Cases

 Posted on September 05, 2013 in Domestic Violence

Statistics show that an excess of one hundred thousand residents of Illinois are directly impacted by domestic violence every year. Illinois is taking big steps to change the way that both the offenders and victims are handled. TheresaGovernor Pat Quinn signed four separate bills that will become effective January 1, 2014. These new laws are designed to not only hand down stiffer punishments to the offender, but to prevent the violence from happening at all. The first bill addresses the issue of repeat offenders of domestic violence. Today, crimes in this category are considered misdemeanors and so there is not much punishment given. When this law becomes effective, repeat offenders will be charged with a felony. The second law deals with the privacy of the victim. In cases where the victim is covered by medical insurance that is carried by the abuser, there will be new procedures put into place so that the abuser will not be able to obtain information such as the address or other contact information given by the victim. This law recognizes the manipulative nature of many abusers when it comes to finding their victim. The third law extends the deadline for reporting for a task force that is currently developing a program for prevention that is aimed at adolescent and teen violence. The final law is aimed toward schools and the trend of teen dating violence. It requires that the schools educate children about the dangers and signs of dating violence and it also puts new procedures in place that dictate the school staff response. These are big changes for Illinois. If you have been the victim of domestic violence in your relationship, an empathetic and experienced Illinois family law attorney can advise you of the divorce law as it applies to your situation.

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The Consequences of an Invalid Marriage

 Posted on August 29, 2013 in Divorce

RigsIllinois has specific requirements before a judge will declare that a marriage is invalid (or annulled). Those seeking to have a marriage declared invalid must show that one of the following four circumstances is true:

  1. a party lacked capacity to consent to the marriage at the time the marriage was solemnized, because of mental incapacity or infirmity, or because of the influence of intoxicants, or a party was induced to enter into a marriage by force, duress or by fraud;
  2. a party is unable consummate the marriage through sexual intercourse and the other party did not know of the inability;
  3. a party was aged 16 or 17 years old and did not have the consent of parents or guardian, or judicial approval; or

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Divorce Linked to Long Commutes

 Posted on August 20, 2013 in Divorce

Divorce Linked to Long Commutes IMAGEHaving a long drive to and from work could be one reason your marriage is on the rocks. According to new research, conducted by Swedish Umea University affiliate Erica Sandow and reported by the Huffington Post, “people who commute at least 45 minutes one-way to work are more likely to divorce than people who have shorter daily commutes.” The study tracked millions of people in Sweden for 10 years, beginning in 1995. “Sandow focused on people who were married or living with a partner for her research [and] found that around 11 percent of the couples she studied had split by 2000, and more commuter couples separated than those who worked close to home,” according to the Huffington Post. The statistics are pretty bleak—14 percent of couples in which either person had a 45-minute or longer commute broke up, compared to only 10 percent of those in which neither person had a long commute. It seems that the research is skewed over time, however. Sandow found that if the person who had the long drive to work had been doing so for more than five years (if their relationship made it past that crucial marker), then they were only one percent more likely to divorce than couples in which neither person had a long commute. This is bad news for Americans, and could be one contributing factor as to why the divorce rate is so high in the U.S. According to Forbes, a 2013 U.S. Census Bureau report found that “10.8 million people, or 8.1 percent of workers, commute an hour or more to work each way. What’s more, 600,000 are classified as ‘mega-commuters,’ traveling 90 minutes or more and at least 50 miles to get into the office.” This is twice as long as the threshold Sandow was studying that linked long commutes to marital dysfunction. If you or someone you know is having trouble in marriage, whether you believe a long commute is a factor or not, it could be time to sit down with a qualified professional to discuss your options. Contact an experienced Chicago-area family law attorney today.

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Parental Visitation for Non-Custodial Parents

 Posted on August 12, 2013 in Visitation


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In Illinois, What Happens to Property Without a Will?

 Posted on August 04, 2013 in Family Law


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Pros and Cons of Prenuptial Agreements

 Posted on July 28, 2013 in Prenuptial and Postnuptial Agreements


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Orders of Protection

 Posted on July 19, 2013 in Divorce


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Who May Adopt, Be Adopted, or Place a Child for Adoption?

 Posted on July 12, 2013 in Adoption

Charles (Dropbox) adoptionFor an adoption to take place, the person available to be adopted must be placed in the home of a person or persons eligible to adopt. All states have laws that specify the persons who are eligible to be adopting parents and the persons who can be adopted. In addition, there are laws that designate the persons or entities that have the authority to make adoptive placements. Contacting a qualified attorney in your state will ensure that you are aware of what lies ahead of you. Who May Adopt? In general, any single adult or a husband and wife jointly can be eligible to adopt. In addition, a stepparent can adopt the birth child of his or her spouse. But, other eligibility requirements such as age, state residency, and sexual orientation of the adoptive parents can come into play. (In the state of Illinois, the petitioners for adoption must be state residents.) Who May Be Adopted? All states allow the adoption of a child. Some states also allow the adoption of an adult, under certain circumstances. In Illinois, the adopting parent must be in a sustained relationship for a period of at least two years with the adult to be adopted. Who May Place a Child for Adoption? In general, any person or entity who has the right to make decisions about a child’s care and custody may place that child for adoption. Such persons include the birth parents or the child’s legal guardian; legal entities include state departments of social services or child-placing agencies. Non-agency placements. Most states allow non-agency placements of children for adoption, which are often referred to as private or independent adoptions. One type of private adoption allowed in most states is the direct placement of a child by the birth parent with an adoptive family. Many states that allow direct placement have detailed statutory regulations to protect the interests of the parties to the adoption. Since laws vary by state and are always being revised and added to, you should contact an Illinois family law attorney if you are seeking to adopt.

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Moving State Residencies as the Custodial Parent

 Posted on July 02, 2013 in Divorce

Even once child custody is determined, for a divorced couple who both want the best for their children, sharing schedules and determining visitation can be a challenge. This becomes all the more difficult if the custodial parent decides that he or she is going to move out of state. In some cases, a move out of state could be beneficial for the children (if the non-custodial parent consistently fails to follow through or is a threat to the ex-spouse), but in most cases moving out of state presents a whole new set of challenges for a divorced couple. In Illinois, if the custodial parent wants to leave Illinois, he or she must first go through a specific court procedure to determine if the move is indeed in the best interest of the child. No custodial parent is allowed to leave Illinois permanently without going through this procedure. In order to make this possible, according to DivorceSource.com, the first step a custodial parent must take if he or she wants to leave Illinois is to “file a petition with the court requesting permission to remove the children from the state.” From there, the court will require “psychological examinations of the parties and the children (and possibly others)… and it is difficult to obtain a prompt hearing.” This means that the custodial parent will need to prepare for the move well in advance—it’s not a decision that can be made lightly and requires months of preparation. According to DivorceSource, “removal will only be approved if it is in the best interest of the children.” There are several factors that the court will consider, according to DivorceSource, which include but are not limited to:

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