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Recent Blog Posts
Update: 5 Things to Get “Right” When a Guardian Ad Litem Has Been Appointed to Your Child Custody Case
This is an update to a 2019 post about things to get right when a guardian ad litem has been appointed to your child custody case. We have updated it to include advice about what the guardian ad litem's home visit might be like, as well as what you should do if you are worried a guardian ad litem is biased against you. If you still have questions on this topic, contact a Wheaton, IL child custody lawyer with Davi Law Group.
Having a guardian ad litem (GAL) assigned to your case can turn an already difficult situation into a nightmare. It is very normal for parents to worry that a court bringing in the help of a GAL means they are doing something wrong. And, of course, most of us feel nervous when we feel our every move is being scrutinized.
However, a GAL is not there to criticize your parenting or to take your kids away from you. His or her role is to look closely at your children’s lives and make recommendations to a judge about what is in each child’s best interest in a child custody or divorce case.
Who Can Adopt in Illinois? Agencies Are Not Looking for Perfection
Adoption can be a rewarding way to grow your family. Unfortunately, there are many would-be parents who worry that they are not “good enough” to adopt. Perhaps they struggle to balance their work and home life, or maybe they do not have the best upbringing. Rest assured that these issues may be less relevant than you think when trying to adopt. Learn more about what adoption agencies are looking for in an adoptive parent, and discover how our seasoned family law attorneys can help you skillfully navigate the emotionally trying and legally complex process.
Adoption Agencies Want Loving and Committed Parents
Raising a child is hard work that takes a lot of love and dedication. Adoption agencies understand this, which is why they are less focused on perfection and more concerned with finding loving and committed parents. If you are willing to go the distance for your child, be it financially or by simply ensuring that they have a happy, stable childhood, then adoption may very well be the right path for growing your family.
‘Birdnesting' Gives Kids a Stable Home After Divorce, but Does It Really Work?
The process of divorce can be messy, especially when children are involved. Fueled by a desire to ease the transition for their children, many parents are turning to “birdnesting,” a process in which the children stay in the family home and the parents take turns living there. Some say this gives children a more stable environment while the parents trudge through the legal process of divorce, but does it really work?
Data Regarding Birdnesting is Limited
Child development experts, healthcare professionals, psychologists, and other child specialists have been compiling and examining data on the impact that divorce has on children for decades now. Because of that, we now know that divorce is not necessarily what hurts children as much as it is the nature of the proceedings. Yet, when it comes to birdnesting, data is still sorely lacking. Quite simply, this divorce strategy has not been around long enough to determine, for sure, that it is beneficial to children during the divorce process.
Divorcing with Kids? There is an App for That
Divorce can bring out the worst in people - and that includes parents. Unfortunately, the stakes of divorce tend to be higher when there are children involved. They can suffer from maladjustment issues, a strained relationship with their parents, and even poor academic performance when the proceedings are not carefully managed.
Thankfully, there are tools and resources that parents can use to mitigate such issues during a divorce, even if the parents themselves cannot seem to get along. Learn more with help from the following sections.
Start with a Solid Co-Parenting Plan
The first step to protecting your child in a divorce is ensuring you have a solid co-parenting plan, moving forward. Determine how often your child will be with you, and how often they will be their other parent. Also, consider matters like who will drop your child off at school. Who will pick them up? Who can provide the best accommodations of your child over the weekend? Holidays, birthdays, and summers with your child should also be carefully considered.
Four Money Managing Techniques to Master During Your Illinois Divorce
Money can be one of the most contentious aspects of an Illinois divorce case. Yet, when divorcing parties know how to effectively manage their own money during the process (instead of simply waiting on their settlement to get their financial life in order), the proceedings tend to be less stressful for everyone involved. Learn more about how you can start to improve your financial life, today, before you even begin your divorce, and discover how our seasoned attorneys can assist you with the process in the following sections.
Create a Budget and Spending Plan
The first step to starting your new life is knowing what you own, what you make, and what you must spend. This information can all be obtained and understood with a budget and spending plan. These financial tools can also cue you into any potential problems that may be looming on the horizon.
Know Where You Stand, Credit-Wise
Financial security requires you to look at more than just your income and expenditures; to create true hope for your future, it is important to also know where you stand with your credit. Not only is it the key to forging your new life, but it is also a tool that your ex can use to sabotage your future. Pull it before you file, monitor it during the process, and if you need help to get things back on track, contact a financial advisor for guidance and assistance.
When Job Loss and Divorce Collide - Managing Your Life During an Illinois Divorce
Life’s catastrophes do not care what your circumstances are; they just are. Such is the case with job loss and divorce. So what do you do when you or your spouse loses a job whilst knee-deep in divorce negotiations? The following information can help to provide some answers.
Notify Your Attorney of the Situation
Notifying your attorney of the situation is your first (and perhaps most important) step in managing a job loss during divorce negotiations. If you are the one now unemployed, your attorney can help you devise a strategy for moving forward, which may be critical to your financial well-being if you were positioned to pay child support or alimony. If your spouse was the one let off from their job, attempt to understand the cause of the job loss to the best of your abilities and relay that information to your attorney. Depending on the situation, your total settlement may not change (i.e. your spouse voluntarily quit their job or was terminated for attendance issues, which they can control). It is important to note that their obligation to pay spousal support or child support may be temporarily placed on hold, but that does not necessarily mean it will disappear entirely.
Examining the Minimum Requirements for an Order of Protection
Domestic violence impacts an estimated one in three women and one in four men experience intimate partner violence. Children are also impacted by domestic violence, regardless of whether they are abused themselves. Still, with one report of abuse being made every 10 seconds, their rate of abuse is just as concerning.
A restraining order can provide all of these abuse victims with legal protections to keep them safe from their abuser. However, there are minimum requirements that must be met in order to obtain one.
The Legal Definition of Domestic Violence
Not all hurtful actions are legally defined as domestic violence. Instead, the victim must have experienced:
- Sexual abuse (including lewd actions);
- Physical abuse (force, confinement, or restraint);
- Harassment (including stalking);
- Willful deprivation (such as withholding an elderly individual’s medication);
An Overview of the Adoption Process in Illinois
Adopting a child is a monumental decision. It is also a complex legal process, regardless of whether you are going through an agency or the state. Even when adopting a child or adult within your own family, there are certain legal steps and procedures that one must follow. Gain a brief understanding of this process in the following sections, and discover how our seasoned Wheaton adoption attorneys can help you successfully navigate the complexities of your case.
Determining Your Adoption Method
The first step to adoption is to determine what path you want (or need) to take, as some processes are specific to the type of adoption you are pursuing. For example, those seeking an international adoption will have to go through more legal steps (securing a passport, meeting with the embassy of the child’s birth country, etc.) than someone seeking a step-parent adoption.
Some adopting families will immediately know the type of adoption they want (most common in intra-family adoptions). Others will have questions about the differences between the types of adoption, or they may have reservations about pursuing one path over another (foster care adoption versus private adoption). If you are uncertain, a seasoned attorney can answer your questions and help guide you to the path that most suits your family’s desires and expectations.
What Judges Consider Before Awarding Child Support or Alimony in an Illinois Divorce
Child support and alimony are often awarded to one of the spouses in a divorce, but not in every case. How do you determine if you may be eligible for these types of post-divorce support, and what can you do to ensure you receive the most amount possible? The following explains.
Alimony Considerations in an Illinois Divorce
Before a judge will award you alimony, you must be determined eligible, which generally requires that you be “disadvantaged” in some way. Examples of situations that may deem you “disadvantaged” in a divorce include:
- A physical, mental, or emotional condition that prevents you from working;
- A lack of education, skills, or recent work experience you need to obtain gainful employment;
- Serving as a caregiver during your marriage (either to your children or your spouse); or
- Supporting your spouse while they further their career or education (especially if it impacted you financially).
The Destination Divorce Trend - What is it and is it Right for You?
Divorce has become so commonplace that there are now “trending” issues. One of the most recent examples is the destination divorce, in which couples travel to a remote location to celebrate the end of their marriage. Is this an option you should consider once your divorce is complete, or is the hype more appealing than the actuality of such a celebration?
What is a Destination Divorce?
Unlike a destination wedding, the actual proceedings do not occur at your locale of choice. Most of this is due to the laws, which tend to require that you reside in the state and county where you file for divorce. Instead, a destination divorce is simply a celebration or relaxation retreat - a place you go to visit and celebrate your newfound freedom.
Where Do People Go?
While destination divorce locations are about as varied as the people involved in the proceedings, some places are more common than others. At the top of the list is Las Vegas, which has morphed from your typical bachelor and bachelorette party locale to a place where almost anyone can find fun. International locales are also highly popular, particularly for those that felt limited in their marriage. Relaxing retreat locations (i.e. Hawaii, the Bahamas, etc.) are also exceptionally commonly seen in the destination divorce trend.
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