Posted on January 29, 2016 in Child Custody

When a minor is emancipated, there is no turning back. Emancipation makes a minor a legal adult. This means that a minor is not entitled to support from his or her parents. However, there are some cases where a court may order parents to support a partially emancipated minor. Minors and their parents should make sure they have considered the full impact of emancipation on their family, as emancipation will have important effects on a minor’s future decisions.

What Does Emancipation Allow?

Emancipation gives a minor the right to make decision that would normally be granted to an adult. Once a minor is emancipated, the minor will be able to:

• Sign a binding contract;
• Purchase real-estate or sign a lease;
• Enroll in a preferred school;
• Bring a legal claim before a court;
• Apply for a work permit; and

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 Posted on January 27, 2016 in Divorce

Understanding divorce and the associated timeline can be confusing. However, it is important that you respond to request from the court and show up for court when you have a hearing. If you do not appear at hearing related to your divorce, it is possible that a court may decide to enter a default judgment against you in the divorce proceedings. When the court enters a default judgment, this means that the court has decided that you did not properly respond or participate in your divorce proceedings. If the court believes you have not properly responded, the court will make a judgment in favor of your spouse.

Once a court enters a default judgment entered against you in your divorce, you need to respond quickly. There is still time to protect your rights and interests that were not addressed by the judgment. It may even be possible to have your default judgment vacated. However, whether this is possible depend on the reason you were not able to appear in court.

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 Posted on January 25, 2016 in Property Division

The concept of property division and divorce are familiar to most Americans. Using the Illinois Marriage and Dissolution of Marriage Act, a court will divide property between a divorcing couple in a fair and equitable manner. Dividing a business is much more complicated than dividing a car or the value of a home. Determining the value of a business is further complicated by the fact that the value of a business may fluctuate over time, increasing or decreasing in value at any point in time. If your spouse owns a business, how will an Illinois court value the business upon divorce?

Is a Business Marital Property?

A court will first attempt to determine whether the business is marital property. If your spouse started the business before the marriage and the profits and assets are kept separate from other marital assets, then a court is likely to find the business is not marital property. This means that your spouse’s business will not be divided between the spouses. On the other hand, if your spouse started the business during the marriage, and business deposits/withdraws funds from a joint account, or if business profits are used to pay common expenses, then a court may view the business as marital property and subject the property to division.

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 Posted on January 22, 2016 in Divorce

Changes have finally come to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5)—changes that The Illinois General Assembly passed last July and went into effect January 1, 2016. The new bill, SB 57, significantly modifies the areas of child custody and divorce.

Grounds Are No Longer Required for Divorce

Traditionally, Illinois was a “no-fault” state. However, divorces could also be granted on specific grounds. Under SB 57, a spouse seeking divorce no longer needs to state grounds for the divorce in his or her divorce petition.

SB 57 has also removed separation periods for couples. Under SB 57 if a couple lives apart for six months, then the marriage is considered irretrievable and the couple may begin divorce proceedings.

The bill additionally eliminates the two-year waiting period and allows a couple seeking to end their marriage to immediately pursue a divorce.

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 Posted on January 20, 2016 in Family Law

Blended families, ones that unite a couple in a second marriage after a divorce, are not uncommon. And, in many cases, stepparents and stepchildren will not share the same surname. A biological mother or father retains the right to seek permission from the court to alter a child’s last name to match the last name of the biological parent and the stepparent. Under Illinois law, parents seeking a change of name for their child must demonstrate that the modification will benefit the child.

Steps to Changing Your Stepchild’s Name

A stepparent may not petition a court to alter a child’s last name. The child's biological mother or father must file a request to a court on behalf of their child before the court. Before requesting a name change, the parent must place a notice in a local newspaper for 21 days alerting the public of his or her plans to change his or her child’s surname. This notice in the paper serves as notification in the state for anyone, including the child’s other parent, who may not agree to the child’s name change. Once the notice has run and the petition for the name change is filed, a court will choose a time to decide whether to grant the name change.

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 Posted on January 18, 2016 in Divorce

Divorce is the legal process that many couples will decided to initiate under Illinois law. However, as with many legal processes, the legal jargon, or vocabulary, often prevents people from understanding the process. However, a clear understanding of the divorce vocabulary can assist people to cut through the legal jargon and understand what is happening in their divorce case.

• Alimony or spousal support, is the legal term for money that a supporting spouse pays to his or her former spouse. The amount of the payment will be based on a number of factors, including the length of the marriage and each spouse’s income.

• Child support is similar to alimony and is a payment from a non-custodial parent to ensure that the child has the necessities for life. However, child support is paid based on the legal idea that parents have certain rights and responsibilities, even when a child’s parents end their marriage.

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 Posted on January 15, 2016 in Divorce

Military life can be demanding for a service person and oftentimes places unrelenting strain on a military couple. This is especially true in situations where a service member is deployed and the family lives apart for months at a time. Sometimes, this pressure may become more than the relationship can bear and the couple decides to divorce. If you, or your spouse and you, are considering divorce, then you will need to understand the special circumstances that surround military divorce.

Military Protection From Divorce Actions

Special federal and state laws create certain issues for military couples seeking a divorce in Illinois. There are several federal laws that protect active duty military service members from being held in “default” for failing to respond to a divorce action. These laws were passed to protect active service members from being divorced without their knowledge.

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 Posted on January 13, 2016 in Visitation

Child custody and visitation decisions are always difficult for parents. It is even more difficult for parents when a court believes that supervised visitation is necessary. If a court has ordered supervised visitation for you and your child, it is important to understand the purpose of supervised visitation and what to expect during a visit.

Why Do Courts Order Supervised Visitation?

Illinois law allows a court to order supervised visitation if the court believes unsupervised contact with a parent would endanger a child's physical or mental health. Courts order supervised visitation for a number of reasons that include:

• Providing the supervised parent a chance to address mental health or substance abuse issues;
• Reintroducing a parent and a child after a long absence;
• Allowing a child and parent with no previous relationship to build a bond;

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 Posted on January 11, 2016 in Child Custody

Once a couple separates, it is very likely that one spouse will want to move. The move may be for a career advancement, to start a new life with a new spouse, or to simply start over in a new place. Regardless of the reason for the move, relocating is not as simple as packing a few boxes and calling movers when children are involved. Even if child custody and divorce are finalized, custodial and non-custodial parents will want take a few steps before relocating with their child.

Review Your Divorce or Custody Order for Directions

Before finalizing your decision to relocate, review your parenting plan, divorce or child custody decrees. If your divorce is not finalized, then you will want to look at any temporary orders you received from the court. These documents may contain provisions and conditions regarding relocation that prohibit you from relocating without an order from the court or require you to give notice to your former spouse before relocating.

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 Posted on January 08, 2016 in Child Custody

Human relationships are complex. Unfortunately, these same relationships can become abusive. Abuse can become more intense if a couple decides to divorce or separate. When this happens, it can be difficult to know what to do in order to protect you and your family. This is particularly true when children are the victims of the abuse. The Illinois Domestic Violence Act (IDVA) specifically forbids a family member or members of the same household from abusing others in their home.

The IDVA defines abuse as:

• Physical abuse;
• Harassment;
• Intimidating a dependent; and/or
• Willful deprivation.

You Can Take Action

If a spouse or any other member of your household is abusing your children, then you may be able to file criminal charges at your local police station. If you are hesitant about filing criminal charges but want to protect your family, you may ask a court for an Order of Protection. An Order of Protection is a court order that legally prohibits your spouse, significant other, or other abusive family members from further abusing your family.

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