Recent Blog Posts
Could an Expert Witness Help Me During My Illinois Divorce?
In hostile divorces, couples are often unable to come to an agreement about important issues such as parenting responsibilities and the division of assets. These issues can become contentious to the point where a trial is the only way to reach a resolution in the divorce.
When a divorce goes to trial, a judge will make decisions about contested issues according to Illinois law. However, before such decisions can be made, the judge needs to understand the divorcing couple’s situation. Each spouse’s attorney will make an argument to the judge and try to convince them that their client’s perspective is correct. One way to do this is through the use of something called an expert witness.
What is an Expert Witness?
An expert witness is an individual whose experience qualifies them to form an opinion regarding an issue relevant to the case. The witness testifies before the court about things such as child welfare, a parent’s mental health, or a business’s financial value. A spouse could independently hire an expert witness to advocate for their perspective, or the court may require an expert witness and require one or both parties to pay the cost.
What is a Postnuptial Agreement?
Prenuptial agreements are becoming more common in Illinois marriages. However, many people have never heard of a postnuptial agreement. Prenuptial and postnuptial agreements are actually quite similar; the main difference is that a prenuptial agreement takes place before a wedding, and a postnuptial agreement happens after the wedding has already happened.
If a couple is already married, it may seem odd to write a postnuptial agreement. But often, engaged couples are so busy planning the wedding that the less exciting financial elements of their relationship take a backseat. A postnuptial agreement is a way to address those issues that may have been overlooked during the honeymoon stage.
What is the Purpose of a Postnuptial Agreement?
What is the “Right of First Refusal” in an Illinois Divorce?
Most parents who get a divorce in Illinois settle on a schedule for sharing parental responsibilities for their child. When the divorce first happens, courts will help parents draft a parenting plan known as a Parental Allocation Agreement.
These agreements outline the duties and responsibilities of each parent, including which home a child will spend some or all of their time in, special arrangements for holidays and other occasions, and decision-making for things such as the child’s education, religious instruction, and healthcare.
Parenting plans can also contain a provision regarding a concept called “the right of first refusal.” In this post, we will discuss what the right of first refusal is, how it is meant to help children, and how it will affect your responsibilities as a parent.
How Can I Recover Unpaid Child Support in Illinois?
Once an Illinois divorce decree is final, child support payments become a legally binding obligation. In addition to the devastating consequences a lack of timely payments can have on a family’s financial needs, there are serious legal consequences for failing to pay child support. Spouses cannot simply agree to re-negotiate child support themselves; any modifications to child support must be made by a court order.
The paying parent may fall behind on child support payments because of a change in their financial situation, or because they simply stop paying. Regardless of the reason, recovering unpaid child support can be a frustrating and time-consuming endeavor. Fortunately, there is legal recourse available for parents who need to recover past child support payments.
How Can Fathers in Illinois Increase Their Chance of Getting Custody?
In our last post, we discussed some common issues unmarried fathers confront when they are trying to obtain custody of their child in Illinois. Whether they were previously married to their child’s other parent or not, all fathers seeking custody will have to show that they can act in the best interests of their child.
Research on the benefits of fathers being involved in the lives of their children is overwhelming, and Illinois courts are more willing than ever to allow both parents to have a presence in the life of a child, as long as it will be in the child’s best interests. Here, we look at some things you can do to increase your chances of winning custodial responsibilities for your child.
Can Unmarried Fathers Get Custody in Illinois?
In Illinois and America in general, the legal system has a tarnished history of awarding child custodial rights to mothers more than to fathers. In the past, a legal principle known as the “tender years doctrine” assumed that, especially during a child’s youngest years, the mother should automatically have custody. As a result, it has often proved difficult for fathers to get full custody of their children, even when the mother’s caregiving capabilities are compromised.
Fortunately, courts and society at large have gotten much better at recognizing how important of a role fathers play in the nurturing and well-being of their children. The “tender years” doctrine has been replaced by the “best interests of the child” doctrine when deciding which parent should have custody. Social research supports the idea that a child’s interests are best served when both parents are involved in his or her life.
What Should I Include In My Illinois Prenuptial Agreement?
Nobody enters into a marriage thinking they will get divorced, yet most people know that about half of marriages end in divorce anyway. Although you may wish that your relationship will last forever, it is wise to prepare in case of a relationship breakdown. A prenuptial agreement in Illinois is a legally enforceable document that can protect the assets you owned prior to getting married.
Although the idea of having a conversation about a prenup may make some people uncomfortable, this is exactly the kind of discussion you can and should be able to have with your future spouse. Planning for the future will enhance the strength of your future marriage, not detract from it. Here are a few things to consider including in your prenup.
Protect Against Debt
A prenup can protect your individual and marital assets against any debt your spouse accrues by themself over the course of your marriage. This may be a good idea if your future spouse enjoys gambling, or plans on starting a business that will require large loans. A prenup can also protect you from debt that your spouse incurred prior to getting married. In the event of a divorce, the debt remains entirely the responsibility of the spouse to whom it belongs.
4 Tips for Better Communication With Your Co-Parent
During and after an Illinois divorce, parents will often feel some hostility towards each other. Even when using lower-conflict divorce methods like mediation, spouses may disagree strongly about what they want and what is best for their child. But despite their differences, most parents will agree that working together to share parental responsibilities is in a child’s best interests.
One crucial factor in providing a child with the best experience possible during and after a divorce is making sure that parents are not negative in their treatment toward and about each other. This is not always easy, but it can be done. Here are some tips for establishing healthy communication with your co-parent.
Is Spanking a Child Legal in Illinois?
Physical discipline, including spanking, used to be a much more common punishment for children in the United States. Now, many parents view it as a thing of the past, but there are still those who believe it is sometimes an appropriate form of discipline. This can be a major source of conflict between divorced and unmarried parents who are in a custody dispute and are dissatisfied with each other’s parenting strategies. During these cases, questions may arise about whether physical discipline is ever appropriate, and how a history of physical punishment can affect the allocation of parental responsibilities.
Is Spanking Against the Law?
There is a law in Illinois that deals with spanking and other forms of corporal punishment, but the language is quite vague. Parents are not legally prohibited from spanking their children, but inflicting “excessive corporal punishment” is considered child abuse, and it can be grounds for action by the Illinois Department of Children and Family Services.
When Is a Custody Evaluator Used in Illinois?
In our last post, we discussed guardians ad litem in Illinois and examined their role in a child custody dispute. In this post, we will look at another important role in custody battles: that of a custody evaluator.
Similar to cases in which guardians ad litem are appointed by the court, custody evaluators are often appointed when a custody battle is complex or hostile and the judge needs objective information about the parents and their home lives in order to make a custody decision.
What Is a Custody Evaluator?
A custody evaluator is usually a trained psychologist or a psychiatrist. They are responsible for investigating the mental health, home situation, and parenting capabilities of each parent, as well as getting to know each child in order to determine what is in their best interests. Parents may be required by the judge to pay for the custody evaluator themselves.