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Recent Blog Posts

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.

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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.

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Responding to a Divorce Petition

 Posted on August 13, 2014 in Divorce

divorce petitionMarried couples often know their relationship is ending before any formal steps are taken to obtain a divorce. Some may suspect their spouse is about to file for divorce, while others may be taken off guard when served with divorce papers. No matter the path taken, anyone who is served with a petition for divorce has important legal rights that need protection, as well as a responsibility to participate in the divorce process.

First Things First

It is highly advisable that anyone who is served with a petition for divorce contact an experienced family law attorney to represent them. Not only can a divorce case quickly become complicated and confusing for those not familiar with the process and the laws regarding divorce in Illinois, but hiring a capable attorney ensures a party’s rights will be protected and they will have the benefit of professional representation throughout their case.

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Property Division in an Illinois Divorce Case

 Posted on August 11, 2014 in Property Division

property division illinois divorceDuring a divorce proceeding, the parties may attempt to come to an agreement about the way in which they will divide their marital property between them. However, if they are unable to come to an agreement, or if their agreement is found to be unfair and unconscionable, it is up to the Illinois Courts to divide the marital estate between the divorcing parties in a way it sees fit. The court employs the law as a guideline in making a property determination within a divorce decree.

Equitable Distribution

Illinois state law follows the concept of equitable distribution in dividing marital property. This allows the court to make a property determination based on fairness and may not involve a perfect 50/50 split of marital property awarded to each party. The court will separate what is classified as marital property from what is considered separate property, and will equitably divide the marital property between divorcing spouses.

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Obtaining an Order of Protection in Illinois

 Posted on August 10, 2014 in Domestic Violence

illinois order of protectionDomestic violence is a significant problem for many individuals, and a serious crime for offenders. It is defined as the hitting, choking, kicking, threatening, harassing, or interfering with the personal liberty of another by a family or household member. Victims of domestic violence can often secure an order of protection against the abuser as long as he or she fits into the class of persons defined as family or household members.

Order of Protection

Information on the Illinois Attorney General’s website provides that an order of protection is an order from the court that restricts an abuser from engaging in harmful acts towards their victim and is only available to household or family members. An order of protection can act in the following ways, including others:

  • Prevents an abuser from continuing threats or physical or mental abuse;

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New Marriage Documentary on HBO

 Posted on August 06, 2014 in Divorce

marriage documentary HBOThe topic of marriage and divorce in everyday life may be more popular than one might think. Filmmaker Doug Block has completed a documentary titled “112 Weddings” set to air on Monday, June 30th on HBO. The film is dedicated to revisiting couples for whom Block shot wedding videos to inquire about the current status of their unions. The subject matter seems relevant to many people, as it is already getting the attention of some who were not even yet aware of the particular film.

The State of Marriage

The article recounts a woman who overheard Block talking about the concept of the film feeling compelled to begin a discussion with him about the state of her own marriage. It may be unsurprising and even expected that the subject of the film would capture many people’s attention, as many couples in marriages struggle to navigate them successfully. The concept of the film of looking backward and reflecting as opposed to hoping for the best in the future is particularly interesting.

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Tried and True Marriage Advice

 Posted on August 05, 2014 in Family Law


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Keeping Marriage Strong While Acting as Caregivers

 Posted on July 30, 2014 in Divorce

aging parents, caregivers, Illinois divorce lawyer, reasons for divorce, baby boomersMany individuals of the baby boomer generation may suddenly find themselves continuing in or resuming their role as caregivers. Only this time, instead of providing care to their children, they are caring for their elderly parents. Many are happy to do what they can for their parents while they can, fully realizing that older generations will not be around forever. Further, many adult children feel that they owe their parents a certain bet of gratitude for all they did for their families and the world around them.

Strengthening Marriage while Providing Care

Despite the privilege of having elderly parents, caring for them can bring its own set of challenges. Specifically, as discussed in a recent article, many baby boomers may experience challenges to their marriages as they struggle to care for their aging parents. This is due, in part, to the increased stress many people feel as they take on the responsibility of caregiver.

Here are some tips to deal with the stressful situation of being an elderly parent’s primary caregiver while keeping your marriage strong at the same time:

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Divorce Rates: What Are the Real Numbers?

 Posted on July 28, 2014 in Divorce

divorce rate, Illinois divorce attorney, Illinois divorce lawyer, family lawAccording to the Family Studies website, previous data that suggested the divorce rate has been on a steady decline since the 1980s may be wrong. A new paper denounces those statistics and instead argues that the rate of divorce has not only gone up, but has risen to record highs. Read on for more about their position and the reasons behind it.

Why the Error?

Researchers are blaming poor data collecting as the reason behind the faulty previous numbers, which painted a more optimistic picture of divorce rates in the U.S. Even if individual counties accurately collected data related to divorce statistics, states then had to compile it and turn it over the the Census Bureau to put the data together on the national level. Something was lost in the process. In addition, it is believed that in the mid-1990s the federal government ceased offering financial support for significant state collection. Some states stopped reporting entirely, ultimately muddying the pool of information related to divorce rates.

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Adoption FAQs

 Posted on July 24, 2014 in Child Custody

adoption, Illinois family lawyer, DuPage County adoption attorney, childrenThere are many people who dream their entire lives of becoming parents. For those who are not able to have their own biological children, this dream might never become a reality if it was not for the option to adopt. Others may choose to adopt outright and provide a loving home to a child in need. Whatever the motivation, adoption is a noble cause that can prove to be a fulfilling life decision for all of those involved.

Questions About Adoption

Many who consider adoption likely have a variety of questions and concerns about the adoption process. While it is advisable to discuss specific situations with a licensed attorney, here are some common questions asked by many prospective adoptive parents, taken from the National Adoption Center website:

What types of children are available to adopt? In the U.S., there are about 101,000 children up for adoption. These children are all ages, but most are school age and older. Some have disabilities. They are children of all races and backgrounds, though minorities make up more than half.

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