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Recent Blog Posts

Study Links Twitter and Divorce

 Posted on May 09, 2014 in Divorce

twitter, divorce, social media, Illinois family lawyer, DuPage County divorce lawyerThis is an age in which the daily use of Facebook, InstaGram, and Twitter, just to name a few, is rampant among much of the population, from tweens to grandparents. Perhaps it is not surprising that such incessant use of social media is playing a part in our daily lives and having a more negative effect than we likely realize. According to an article recently published in Time, a new study revealed that active Twitter use led to divorce and infidelity in many cases.

Twitter Use Leads to Divorce

The study found that those who were active on the social media site Twitter were more likely to be a part of confrontations that had the potential to lead to infidelity and divorce, regardless of how long the relationship has lasted.

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Relocating Children after Divorce

 Posted on May 05, 2014 in Divorce

child custody, relocation, children of divorce, child of divorce, Illinois divorce lawThe dissolution of a marriage can bring with it a number of significant life changes. After divorce, one of the spouses may wish to relocate in order to get a fresh start. Normally, this would not pose a problem, but for an ex-spouse with children, it may not be as easy. Depending on what their child custody plan provides for, a parent may have to follow certain requirements set by law in Illinois in order to permanently or temporarily remove their children from a certain jurisdiction. Parent’s Rights In general, custody plans designate one parent as custodial and the other as non-custodial, even if both parents share time with the children. In fact, the custody plan itself may speak to the issue of removing or relocating the children out of state. Otherwise, Illinois law states that a custodial parent is able to relocate, either permanently or temporarily, with their children as long as they provide the non-custodial parent with advance and sufficient notice of their plans. The non-custodial parent may agree with the move; in that case, the parents may be able to reach an agreement outside of court. If the non-custodial parent is against the move, the custodial parent must ask the court’s permission to relocate. It is important to note that according to Illinois law, a custodial parent does not need a court order to relocate with their children within the state. As long as the move will not affect the non-custodial parent’s visitation schedule, a relocation should be allowed without court involvement or a change to the terms of the custody plan. Illinois Law on Out of State Removal In situations where the parents do not agree about relocation, the law provides protection of a non-custodial parent’s right to have regular visits with their children. In order to procure an order from the court allowing a parent to remove their minor children outside the state of Illinois, certain standards must be met. A custodial parent seeking the court’s permission to relocate must prove that removal is in the child’s best interests, and also must demonstrate an important reason for the move. Important reasons may include a new job prospect or access to certain necessary services that are only available outside the state, such as specific medical treatment. In considering whether the move is in the child’s best interests, the court will consider the following factors, among others:

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Can I Receive Alimony in Divorce?

 Posted on May 02, 2014 in Spousal Maintenance

alimony, spousal support, spousal maintenance, DuPage County family law attorneyDivorce is a life change for everyone involved, but the legal process of ending a marriage may pose more challenging for one spouse than for the other. Often times, one spouse may have made sacrifices in their career to raise children or to give the other an opportunity to finish school or obtain training. When that partnership ends, the sacrificing spouse may be at a disadvantage and need financial assistance. In cases such as these, the financially dependent spouse may seek alimony payments, also known as spousal support or maintenance, from the other.

The Law on Alimony Alimony payments can be ordered on a temporary basis even before a final decree of divorce is entered. Later, a spouse may ask the court to include an alimony payment in the divorce decree for a fixed period of time. Sometimes, spouses may agree on an amount of alimony. When they are not able to come to an agreement, the court will make a determination regarding alimony. Since there is not a guideline or calculation used to determine the amount of an alimony award, judges use a list of factors in making their decision that are set out by Illinois law. Those factors include:
  • The income and assets of each spouse, including property divided in the divorce;

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“Political Transgressions”: Parallels Between Public Opinion and Private Divorce?

 Posted on April 30, 2014 in Divorce

infidelityIt often seems as though it is only a matter of time before we hear of a new political scandal in the media regarding infidelity or other transgressions by our elected officials. Oftentimes, their actions have consequences, not only in the form of public opinion affecting their professional lives, but also in their personal lives as well. The latest such incident involves a married Republican congressman from Louisiana, Representative Vance McAllister.

McAllister’s Transgression

McAllister was captured on video participating in less than savory behavior. In the dark, with his shirt untucked, he is seen approaching a woman and then embracing her with a kiss. It was revealed that the woman in the recording was an aide who worked with the congressman, and was also married.

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The Dangers of Divorcing without a Lawyer

 Posted on April 28, 2014 in Divorce

DuPage County divorce attorney, Illinois divorce lawyer, divorce lawyer, attorneyIf you are considering divorce, you may have several concerns regarding the process, including the prospect of hiring a divorce attorney. Some may be tempted to attempt the process without representation. However, doing so may prove to have several drawbacks and will likely affect the outcome of your case.

Drawbacks and Dangers

Divorce usually involves a large amount of legal documents and complicated paperwork that needs to be read and sorted through. The task can not only be an unpleasant one, but also one that not everyone is qualified to handle. At the outset, a divorce case may seem straightforward, but things can very easily take a wrong turn and become much more involved, leaving the unrepresented in way over their heads. Those parties who choose not to hire an attorney can also cause the whole process of divorce to move much slower than it otherwise would, frustrating the judge and other parties involved.

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Starting a Conversation about Estate Planning

 Posted on April 24, 2014 in Estate Planning

estate planning, estate plan, lawyer, attorney, family lawyer, family law attorneyWhether you are a parent or an adult child interested in beginning a conversation about getting affairs in order, the prospect of discussing your loved one’s death can be intimidating. However, once the participants get over the initial discomfort, having an open discussion about estate planning matters can prove highly beneficial. Here are some tips to open the lines of communication.

Having a Conversation

It is important to have honest yet sensitive communication among close family regarding estate planning. Doing so will help make sure that expectations and feelings about certain responsibilities or obligations designated by the documents are shared with one another.

For example, perhaps the one intended to serve as trustee to an estate is not comfortable doing so. Knowing this in advance, the testator can make the necessary provisions. It also gives beneficiaries the opportunity to understand the testator’s intentions with their estate. Clear communication in advance will help to ensure proper distribution of assets as well as clear up any confusion or conflict in the future. Communication can also aid in the decision making process regarding specific issues that truly reflect the testator’s wishes.

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Getting an Order of Protection in Illinois

 Posted on April 21, 2014 in Domestic Violence

order of protection, restraining order, domestic abuse, domestic violence, family lawyerDomestic violence is a serious issue that plagues many more people than some realize. When a person thinks about domestic violence, it is usually within the context of a romantic relationship, but the legal definition expands beyond those terms. For those who are the victims of such violence, protection is available and can be legally enforced.

Domestic Violence

Although the majority of domestic violence cases likely occur between two people who are or were romantically involved, there are other situations that also give rise to domestic violence according to law, and they deserve attention as well. In order to have a request for an order of protection granted, the person must demonstrate that they are the victim of domestic violence. For this purpose, the law defines domestic violence as:

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Court’s Considerations in Child Custody Cases

 Posted on April 18, 2014 in Child Support

child custody, Illinois family lawyer, divorce, Illinois divorce attorney, Illinois child custody lawChild custody and support cases are often decided in conjunction with a divorce case. Others are heard on their own, either because the parents never married, or because the issue of custody was not originally addressed when the couple divorced. Regardless of the circumstances of how the case came to be in the court, all child custody cases involve the same rules of law.

First Things First

In order to hear a child custody case, the court must have jurisdiction to do so. This means that the court must be legally allowed to make decisions pertaining to the parties involved in a case. This may be an issue particularly for parents who live in different states. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) puts forth the rules to follow on this issue. In the state of Illinois, a court can hear a child custody case if:

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Is “Conscious Uncoupling” the Divorce of the Future?

 Posted on April 16, 2014 in Divorce

conscious uncoupling, divorce of the future, divorce, family law, illinois divorce attorney, parentingGwyneth Paltrow has been making headlines lately, and the stories do not necessarily cast the movie star in a positive light. She’s been known to make out-of-touch comments in the past, and recent events have been no exception. One remark alluded to the fact that “regular” moms who work 9-to-5 jobs have a more manageable schedule than film stars, who often have to work 14-hour days for a few weeks in a row. The backlash from women across the country was palpable immediately following the interview. The other communication that earned Paltrow notoriety in the press was her announcement recently that she and her husband have decided to part ways by what she described as a “conscious uncoupling.”

Changing the Concept of Divorce

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The Basics: Common Questions When First Considering Divorce

 Posted on April 15, 2014 in Divorce


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