Category Archives: Family Law
Violations of Parenting Time and Visitation
When two parents decide to file for divorce, there are a lot of factors to consider in order for the divorce to be smoothly finalized. Parenting time and visitation rights are only two of several factors to which both parents must agree.
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What to Do If Your Ex Refuses to Follow a Court Order
When a family court issues an order, it expects that the parties will follow it. If your spouse—or ex-spouse—refuses to comply with an existing court order, a family law attorney can help you understand your available options. In some cases, your best choice is to file a Rule to Show Cause or a Contempt Action.
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Decrease Your Chances of Divorce
Data from the American Psychological Association shows that up to 50 percent of all marriages in the United States end in divorce. The likelihood of divorce also increases significantly for those in second or third marriages. People are always wondering, “can I divorce-proof my marriage?” When most couples get married, they imagine a wonderful romance, and likely do not plan to get divorced. With the addition of complicated schedules, bills, jobs, children, and messy houses, however, marriage can easily and quickly turn from romantic to mundane. Many divorces happen for the right reasons when a couple hits an impasse and is unable to remain together. In those cases, it is healthy and necessary to separate. Are there ways, however, to “divorce proof” your marriage, or at least help your marriage endure? A contributor to the Boston Globe recently surveyed many successfully married couples, and while there may be no way to truly divorce-proof your marriage, here are some insightful tips that may help you and your spouse strengthen your relationship and decrease your chances of divorce.
When Does a Court Award Attorney Fees to the Prevailing Party in a Family Law Case?
An award of attorney fees may seem like a unicorn to some: a mythological event that some swear they have heard of from others but not seen themselves. This can be disheartening news to some divorce or family law litigants who have little money but are hoping that, if they prevail in their case, the court will order the other party to reimburse them for the legal fees they expended.
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Will Illinois Marriage and Dissolution of Marriage Act Changes Affect My Pending Divorce?
On January 1, 2016, new laws affecting divorces, child custody disputes, and paternity proceedings take place throughout Illinois. Many of these laws were enacted to reflect current societal realities in Illinois and make the process of obtaining a divorce and/or establishing a parent-child relationship easier. But as anyone who has gone through a divorce proceeding or had to have a child custody issue decided by a court can attest, domestic relations disputes are not always resolved quickly. What laws would apply if a person were to file for divorce or initiate a child custody proceeding in 2015 but that proceeding was not ready for a final decision by the court until 2016?
Appealing a Family Court Decision
No lawyer or litigant likes to lose in court. This is especially true in divorce cases where a “losing” party can have his or her financial interests and/or parental rights adversely impacted. When this happens, the “losing” party – the one whose interests were adversely affected by the trial court’s decision – may be left wondering how such a terrible (relatively speaking) decision can be undone. Most individuals have heard the term “appeal” and know that an “appeal” can reverse a decision entered by an Illinois trial court. Can you appeal a trial court’s decision in a divorce or child custody case? More importantly, should you appeal a decision?
Grandparent Rights in Illinois
It is no longer uncommon for grandparents to have physical custody and provide care for their grandchildren when the parents are undergoing difficult times. Most grandparents have significant and loving relationships with their grandchildren, and grandchildren develop similar relationships with their grandparents. As such, it may come as a shock when the parents indicate they wish to relinquish their parental rights and put their children up for adoption. What (if anything) can a grandparent do to maintain physical custody of their grandchildren if the parents wish for their children to be adopted?
Child Custody: Relinquishing a Newborn and Terminating Parental Rights
Choosing to relinquish custody of an infant is not an easy decision. But the Abandoned Newborn Infant Protection Act makes that decision a little easier – at least regarding potential legal consequences. The act provides a mechanism for relinquishing a newborn to a safe environment without incurring civil or criminal liability. Moreover, the act allows the relinquishing parents to remain anonymous.
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Cohabitation: What Are My Rights?
It has become very popular in recent years for unmarried couples to live together. This is known as cohabitation. Some cohabitating couples opt to get married after living together for a few years. Others choose to end their relationships and move on separately, which can create confusion about personal property and its division among unmarried partners.
Orders of Protection: Legal Protection When You Need It
If you are a victim of domestic violence or constant harassment from your current or former partner, you can obtain an order of protection to protect yourself from him or her. An order of protection is a court-ordered set of rules regarding how an individual may interact with the individual who sought the order. It is a criminal offense to violate this set of rules. If you feel that you need to file for an order of protection from your spouse or another member of your household, contact an experienced attorney to learn more about what such an order can and cannot do.
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