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Mevorah & Giglio Law Offices
DuPage County Attorneys


900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100


134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761


105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100


1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000
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DuPage County Child Custody AttorneyWhen parents get divorced, their children’s best interests and well-being are paramount when determining an appropriate allocation of parental responsibilities and parenting time. In many cases, protecting a child’s best interests means ensuring that they can spend significant time with both parents after the divorce. However, there are situations in which restricting parenting time is necessary to ensure a child’s safety.

Grounds for Restricted Parenting Time

In Illinois, it is fairly common for a parenting time schedule to allocate more time to one parent than the other, whether because the parents agree to this arrangement or the court determines that it best meets the children’s needs. However, a parenting time restriction is a much more serious matter, and it is only ordered by the court when there is sufficient evidence that a parent has endangered a child’s physical or mental health or development. In some cases, a restriction will reduce or even eliminate a parent’s allocated parenting time, but other options are available to the court depending on the circumstances.

 The appropriate restriction measures often depend on the reason why the restrictions are necessary. For example:

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illinois-divorce-mental-illnessThe anxiety of divorce can be amplified when you are attempting to part ways with a partner afflicted with mental illness. According to Susan Pease Gadoua, founder and executive director of the Transition Institute of Marin in California, understanding the scope of the mental illness before getting a divorce can be helpful in preparing you for some of the challenges you might face.

One of the challenges in considering dissolving a marriage with a mental ill partner is that he or she may lead you to believe that they need you in order to cope with their illness or overcome it. This can feel like an extra burden and may make you feel guilty, too. If you have already put in months or years of helping your spouse manage or work through the issues related to their mental illness, making that final determination to divorce is all the more difficult.

Gadoua says that guilt over leaving a partner is a leading reason why partners stay in these relationships and marriages. One of the biggest challenges in living with a mentally ill partner is that behaviors that would be “red flags” or reality checks in other relationships become everyday normality for the healthy partner.

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LucyIn Portland, Oregon, the attorneys for the father of a missing boy, Kyron Horman, have asked the court for a delay in the divorce proceedings from the boy’s stepmother, Terri Moulton Horman.

Kaine Horman filed for divorce from Terri in June 2010, less than a month after his 7-year-old son vanished from him Portland school. There have not been any arrests made related to Kyron’s disappearance, but Kaine Horman and Kyron’s biological mother believe that Terri Horman knows what happened to the boy.

After the most recent hearing, Kaine said that he wanted the delay to allow the criminal investifation to proceed without any interference and to protect with 4-year-old daughter.

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 Last Will and Testament imageIn In re Estate of Doman, the Illinois Appellate Court issued a ruling on October 11, 2012 that helps to clarify the importance of a Will in a marriage and a divorce, and potentially, a revocable trust, depending on circumstances.

Trial Court Proceedings:

In the Doman case, when Mark Doman died on July 4, 2011, his wife Sara and he were in the home stretch of their divorce. The trial court had issued a written dissolution judgment and reserved ruling on the additional issues on June 10, the status hearing was set for July 11. On July 5, Sara’s attorney called the court and informed the trial court of Mark’s death. The trial court then entered a docket that state, “Cause set for 7/11/11 is vacated. Cause is dismissed.”

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divorceThe Star Tribune is reporting that a new study out of Marquette University shows a correlation between the national divorce rate and the Great Recession. The study concludes that while the Great Recession saw a rapid decrease in the national divorce rate in its early years, this period of economic hardship did not result in a permanent decrease. Rather, as the economy began to slowly recover in more recent years, divorce rates again increased. In other words, while the poor economy may have forced some marriages to remain intact out of necessity, these same couples still ultimately divorced once economic hardships eased.

More specifically, the national divorce rate rose from 16.4 per 1,000 married women in 2005 to 17.5 per 1,000 married women in 2007, the rate then fell to 16.9 per 1,000 married women in 2008. The moral of this story is that while economics can force a couple to remain in the same household or in a unhappy marriage for purely financial reasons, as soon as finances improve, the divorce will inevitably occur. A poor economy, then, cannot forestall or prevent an impending divorce forever, although it may be able to delay the proceedings for some period of time.

As the economy continues to improve in marginal increments, more and more people may begin to consider divorce as a solution to ongoing marital problems. Increased job opportunities and less financial stress can motivate one spouse or another to take the steps necessary in order to initiate divorce proceedings that may have been brewing for some time. If you are now in a position where you are contemplating divorce, you should be sure to contact a skilled and knowledgeable Bloomingdale, Illinois divorce attorney about your situation. With the help of an attorney, you can get a full assessment of your case and get advice about how to best proceed in your situation.

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