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Subscribe to this list via RSS Blog posts tagged in Illinois divorce

Illinois family law attorneysIn Illinois, divorcing parents must determine the allocation of parental responsibilities (formerly known as custody) and parenting time (formerly known as visitation) will be split among them. Unfortunately, this sensitive matter can create a lot of tension, and parents may struggle to come to an agreement. If this happens, the decision may be left up to a judge. Learn more about how child-related matters are decided upon in an Illinois divorce, and how an experienced attorney can help with your case.

Parents Usually Start with a Parenting Plan

Typically, the first step in determining the allocation of parental responsibilities and parenting time is the completion of a parenting plan. Done either jointly or separately, this plan must be submitted to the court within 120 days of the divorce petition (unless an extension is filed). If parents are unable to agree, they may attend alternative dispute resolution (i.e. mediation) to work out their differences.

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DuPage County family law attorneysEach day, some 2,000 children are reported missing. Statistics indicate that most of these kidnappings are committed by the child’s own parent, not a stranger. How big is the problem, why does it occur, and what can you do to prevent it from happening to your child? The following explains, and it provides details on where to find assistance if you suspect that parental kidnapping may become an issue in your Illinois divorce case.

Examining the Causes of Parental Kidnapping

Although each case is unique, statistics offer some insight on the causes of parental kidnapping. For example, some 65 percent of all cases occur shortly after a parent has had a change to their rights. This statistic suggests a few possibilities; some parents may abduct their child to retaliate against a parent that has infringed upon their rights, but others may do so because of fear of losing their child or grief over the loss of quality time with them.

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DuPage County divorce lawyersHollywood often portrays divorce as simple and clear-cut, but real-life divorce is rarely straightforward. The reasons, though irrelevant in the courtroom, are often complex and multi-faceted, and couples often experience intense emotions. Also, contrary to the myth, some couples divorce but still love one another. How do you navigate such a painful process when you still have feelings for your spouse? The following explains, and it provides you with some valuable information on the Illinois divorce process.

Love and Divorce

Loving a spouse does not mean divorce is off the table. In fact, many marriages end, despite a shared love between the parties. Some begin to recognize that the relationship is toxic. Others may feel as though they are being held back by their spouse’s lack of ambition or adventure. Some have started to realize they would be happier on their own.

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no-fault divorce, divorce decree, family law attorneys, DuPage Divorce Lawyers, Illinois lawyers, legislation, divorce legislationIn a move that may signal a trend amongst politically conservative states in America, a bill has been introduced in the Kansas House of Representatives that would eliminate “no-fault” divorce. The legislation, introduced by Republican Rep. Keith Esau on behalf of another representative, would strike that part of Kansas’ Divorce and Maintenance statute that lists “incompatibility” as a legally viable ground for a divorce decree. “No-fault divorce gives people an easy out instead of working at it. It would be my hope that they could work out their incompatibilities and learn to work together on things,” said Rep. Esau about the bill.

Detractors, however, see the goals as noble, but the means as flawed. Family law expert and attorney Morgan O’Hara Gering does not believe that this will reduce the number of divorces; rather, it will just make them more contentious. “It could create a lot more litigation and a lot more headaches just to fight about who’s to blame.”

Kansas is historically conservative, having voted for the Republican presidential candidate in every presidential election since 1968. However, 10 percent of the men and 12 percent of the women in Kansas are divorced, as of 2008. This could be seen as evidence of the seeming paradox between states with high political and religious conservatism having the highest rates of divorce. Whatever the cause, divorce seems to be a problem with some politicians, and Kansas is not alone. Oklahoma, Kansas’ neighbor to the south, recently introduced a bill that, while not eliminating no-fault divorce, lengthened the waiting period for divorce. Typically, however, “at-fault” divorces are available to anyone.

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same-sex marriage, Illinois, Illinois law, divorce, marriage, marriage equalityMuch has been written about the landmark law passed in Illinois last year legalizing same-sex marriages. Many have weighed in on the subject, be they opposed (like the Catholic Church), in favor (like the American Civil Liberties Union), or blasé (like the US Supreme Court, if the satirical newspaper The Onion is to be believed).

However one feels about it, the law goes into effect statewide on June 1st. On that date, same-sex couples can apply for marriage licenses so that their marriages can receive the same benefits, rights, and responsibilities as traditional, opposite-sex marriages. In fact, for some Illinois residents, including those in Cook and Champaign counties, clerk’s offices have already begun giving out marriage licenses to same-sex couples. This is a result of a federal judge’s recent decision striking down the old state law as violating the U.S. Constitution.

This equality, however, will not necessarily exist outside of Illinois.

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