Posted on September 16, 2016 in Property Division

The Chicago Tribune reported on a recent Illinois Supreme Court decision regarding property division after cohabitating couples break up. This case was about a lesbian couple who had been together for over 25 years but had recently broken up. The two were never married. The court ruled that the couple was not entitled to the same property division protections that a married couple would have access to.

This Case

This case was brought by Ellen Brewer who was with her partner Dr. Jane Blumenthal for 26 years. They lived together and raised a child together. The couple split up in 2008 before gay marriage was legal in Illinois. The controversy centered around the dividing up of assets after the split. Ms. Brewer says that she gave Dr. Blumenthal the money to buy into the practice she is part owner of and therefore should get a portion of the assets when the business is sold. The court held that because the couple was not married, Ms. Brewer does not get the benefit of a marital type property claim.

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 Posted on September 15, 2016 in Domestic Violence

A new law was just passed in Illinois that affects people who have restraining orders against them. The law further restricts the ability to own guns for people who have orders of protection against them or other specific domestic violence charges.

The Law

The new law goes into effect January 1, 2017. The statute lets the Illinois State Police revoke gun owners’ Firearm Owner's Identification Cards and deny someone’s application for the cards if they have certain protections filed against them. If someone has an order of protection or an order of no contact for stalking that applies to them, then they are eligible to have their ability to own firearms restricted under this new law.

The law was passed unanimously by both the Illinois House of Representatives and the Illinois State Senate. It was then signed by Illinois Governor Bruce Rauner, a Republican. Another provision of the bill allows the Illinois State Police to compare the information of the gun owner or prospective gun owner to a nationwide database to search for any restrictions against gun ownership that the person has in other states.

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 Posted on September 13, 2016 in Divorce

If you are thinking about or in the process of divorce, you need to be careful of making one of the common financial mistakes that many people make during a divorce. Indeed, make sure to understand these common mistakes and how you can avoid them, and do not hesitate to reach out to a skilled attorney for help.

Delaying Talking to an Attorney

One mistake that couples thinking about divorce make is to delay talking to a knowledgeable divorce attorney. There are many things that people may do during the divorce process that may have an effect on the final outcome and they may not know about the consequences of their actions without talking to an attorney first. Even if you have not decided to divorce but are just considering it, it can pay off in the end to talk to a divorce attorney right away. An attorney can also give you an idea of what is likely to happen during the divorce, which may help you to make a decision.

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 Posted on September 12, 2016 in Family Law

In the beginning of the year, Illinois got rid of the family law terms “custody” and “visitation.” Now the law that governs who children will live with after a divorce and who has the power to make decisions for the children, the Illinois Marriage and Dissolution of Marriage Act, uses the terms “parenting time” and “allocation of parental responsibilities” instead. Though these terms have been in use since the beginning of the year, many people still may be confused about what the change means and the reasons for the change. This article discusses what the changes mean for couples struggling with child custody and visitation issues.

Definitions of the New Terms

While the terms “parenting time” and “allocation of parental responsibilities” are similar to “visitation” and “custody,” they actually divide up parenting concepts in different ways. Custody generally referred to who the children lived with and also who had the power to make decisions on behalf of the children. Visitation meant the legally protected right of the parent who the kids do not live with to spend time with the children. Now, instead of having one parent who the kids live with and who makes decisions, parenting time and allocation of parental responsibilities divides the rights in a different way.

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 Posted on September 07, 2016 in Divorce

Many news and celebrity gossip outlets have covered the divorce of actor Johnny Depp and his former wife, actress Amber Heard. The divorce was especially messy because there were accusations of domestic violence from Heard. Because of the notoriety of the couple, details of their marriage and divorce have been made public with both sides giving sometimes contradictory messages. NBC News recently reported that the exes have reached a settlement and the divorce can go through.

Even though most of us do not have the fortune of Depp and Heard to divide up, or the paparazzi and other media reporting on the details of our relationship, there are lessons that all of us can learn from their divorce settlement. This article looks at what regular people can learn about divorce settlements from the divorce of Johnny Depp and Amber Heard.

It is Not Always About the Money

Various news outlets are reporting that in order to settle the divorce, Johnny Depp will pay Amber Heard seven million dollars. While for most of us this is a life-changing amount of money, for Amber Heard, who has a successful modeling and acting career of her own, it may be more about the principle. Amber Heard says that she will donate the money from the divorce to a charity. Even for many couples without the massive wealth of the Depp-Heards, the money itself may not be the point of divorce settlement negotiations. While we all need money to live, sometimes money also represents other things. For example, it may be very important for one person in the couple to get what he or she thinks is fair, even if he or she does not need the money. Other times the breadwinner of the couple may be able to be in the position he or she is in because of the contributions of the other partner and the less earning person may want compensation for the years of sacrifice he or she made for the breadwinner’s career.

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 Posted on September 06, 2016 in Property Division

Pets can often feel like family members. So, when there is a divorce, the family pets may be affected as well and couples may fight over whom the pet lives with after the divorce. This article looks at the laws and rules regarding pets during a divorce in Illinois.

What Status do Pets Have?

Though pets may feel in a lot of ways like children or other family members, the law generally looks at them as property. However, now that both divorce rates and pet ownership rates have risen, judges may be more likely to take into account the unique needs of pets. Essentially, judges are able to decide themselves whether they treat a pet more like a lamp or like a child.

However, unlike with children, judges are not able to award visitation or approve any other kind of “parenting plan” where time with the animal is legally mandated to be split. Divorcing couples are allowed to make their own arrangements for sharing time with the pet without court involvement.

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 Posted on August 26, 2016 in Child Support

NOTE: As of July 2017, the law governing child support in Illinois has changed. Please see our Child Support page for more information.

If you are ordered by the Illinois court to pay child support, generally that support obligation will end at age 18 or as long as the child is still in high school. However, when a child is disabled then a parent who pays child support may be obligated to pay child support even after the child reaches adulthood.

Child Support Rules Generally

In Illinois, child support is governed by the Illinois Marriage and Dissolution of Marriage Act. Generally, the parent with whom the child does not live is the one that is required to pay child support to the other parent. Illinois calculates the amount of child support owed based on the income of the parent that is ordered to pay it and the number of children the couple has together. For one child the amount is 20 percent, for two it is 28 percent, for three it is 32 percent, and for four it is 40 percent of the payor’s income. However, the court takes into account the circumstances of the parties, including the income and needs of the parties, and the income and needs of the parents.

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 Posted on August 24, 2016 in Adoption

The idea of adopting a child may seem overwhelming at first because there is so much you need to know and so many choices to make. However, there are a number of basics that you should understand and become familiar with if you plan on bringing a new child into your family in Illinois

Adoption Definition

The Illinois Adoption Act governs adoption in Illinois. Adoption is when the legal and/or biological parents of a child sever legal ties and another person or couple is given the rights and responsibilities of care and control of that child. After an adoption is complete, as far as the law is concerned, it is as if that child was born into the adoptive family. While adults can adopt other adults as well, this article focuses on child adoption.

Kinds of Adoption

There are many different kinds or adoption and these may each present special concerns or issues:

• International Adoption – International adoption is when a child is adopted from another country. This can be complicated because you are dealing with another country’s adoptions laws. However, knowledgeable adoption attorneys can help with this process.

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 Posted on August 22, 2016 in Family Law

The Chicago Tribune recently reported on a hearing that took place in front of the Illinois Supreme Court Rules Committee. The committee heard testimony from juvenile justice advocates who were pushing for reform of the rules around juveniles being forced to wear arm and leg shackles during court in some counties.

Current Policy

At this time, there is no statewide policy in Illinois about whether and when shackles should be used on defendants in juvenile court actions. However, there are very specific guidelines for when shackles are used for adult criminal defendants in court. Right now, each country makes their own rules about when it is appropriate for juveniles to be shackled in court. In DuPage County, whose juvenile defendants are heard in Kane County, the judge has the discretion to require shackles to be used or not.

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 Posted on August 19, 2016 in Divorce

When thinking about a divorce, many people are naturally concerned about the cost. There are many variables that can affect how much a divorce will cost. The person that is responsible for paying these fees is usually decided by the couple or worked out in the divorce. To be sure, there exist a number of variables that will make the cost of a divorce go up or down.

Fees

Court fees are a part of almost all legal actions. These fees are paid to the court in order to file certain kinds of documents, including divorce documents. Recent articles have examined the difference in fees in different counties in Illinois. The fee for a divorce in DuPage County in 2016 is $290. Many counties in Illinois have been accused of having “skyrocketing” fees for civil actions and criminal convictions.

Attorney’s Fees

Attorney’s fees can vary depending on the divorce process and decisions that the couple makes. Some of the things that can affect the amount of attorney fees in a divorce are:

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