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Hillside, IL 60162
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Recent Blog Posts
When is it Time to Appoint a Guardian for an Aging Parent?
While the aging process is never easy for the person going through it, watching someone you love as they age can be just as difficult. This is especially true when a parent’s mental or physical health begins to decline rapidly but the parent is resisting the help they need. An elderly person’s situation may become dire before family members realize something is really wrong. In cases like this, even if your loved one has a solid estate plan and powers of attorney in place, you may need something more: legal guardianship. If you live in Illinois and any of the following situations apply to you and your parent, you may want to consider petitioning a court for guardianship.
Your Parent Will Not Consent to a Power of Attorney
The term “power of attorney” refers to the legal authority for one person to act on behalf of someone else. If your parent is clearly in need of help–for example, if she can no longer pay her own bills–someone will need to step in with the authority to make financial transactions on her behalf. But if a parent will not consent to give that power, you may need to petition for guardianship instead. Whereas a power of attorney is assigned voluntarily by the person whom the power of attorney represents, a guardian is assigned by a court.
Are Engagement Rings Supposed to Be Returned in a Divorce?
An engagement ring is an object with a deep sentimental feeling attached to it, but it is also often the most valuable asset a young couple owns at the beginning of their marriage. When a marriage falls apart and a couple files for divorce, it is understandable that both spouses may have strong feelings as to the entitlement of the ring; the spouse who gifted the ring may feel as though a promise has been broken, while the spouse who wears the ring may feel as though gifts cannot be taken back.
When a valuable engagement ring is at stake, what happens if the engagement is broken off? And, if a couple is married, how do they know whether the ring should be considered marital or personal property? Read on to find the answers to these questions and then contact an Oak Park divorce attorney for help with your case.
When Does an Engagement Ring Have to Be Given Back?
Engagement rings are different from other gifts that lovers give to each other; generally speaking, even a very expensive gift does not need to be returned if an engagement is called off. An engagement ring, however, is a gift given in exchange for the promise of marriage. If an engagement is called off, whether the ring must be returned depends on who ended the relationship.
What is the Difference Between “Parental Responsibilities” and “Parenting Time” in Illinois?
Parents of minor children who are getting divorced in Illinois (as well as parents who were never married but who share a minor child) will suddenly find that their parenting abilities and habits are under a magnifying glass. Things that seemed fairly mundane before, such as spending time with the children, making important decisions or deciding to move for a new job, are now under tight restrictions detailed at great length in a legally-binding parenting agreement.
To make sure that you give your children the best chance of success after a divorce, and to ensure you do not run afoul of Illinois family law, it is important to understand the difference between the two primary categories contained in a parenting plan: “Parental responsibilities” (formerly known as “custody”) and “parenting time” (formerly known as “visitation”).
What are “Parental Responsibilities”?
“Parental responsibilities” is a term that refers to the rights to make important decisions on behalf of a minor child. Parents often split parental responsibilities, although sometimes one parent may have all of the parental responsibilities allocated to them. If parents can collaborate when creating their parenting agreement, this split can be customized in any number of creative ways.
Can My Ex Use Social Media Posts Against Me In Our Divorce?
Even as the negative consequences of using social media become increasingly clear, nearly everyone has a social media account on at least one platform. And while social media has been shown to have a negative effect on marriage, perhaps the effects of inappropriate social media use during an Illinois divorce can be even worse.
In fact, inappropriate social media behavior is so prevalent and so useful when it comes to arguing a divorce case that the American Academy of Matrimonial Lawyers states that 81 percent of divorce attorneys say that social media has helped a divorcing spouse search for evidence of bad behavior. Unfortunately for the spouse who posted it, this evidence can later end up in court. If you are getting divorced in Illinois, it is essential to understand harmful social media behaviors to avoid in order to secure the best possible outcome.
Venting About Your Divorce
Many people use social media as an outlet for venting their frustrations and pain during divorce. After a frustrating court hearing or a rude email from a spouse, it can be tempting to get online and seek sympathy from friends and family. But even though you may not be “friends” with your spouse on social media, it is not hard to access posts through friends or burner accounts. Nasty posts could trigger retaliation from a spouse and even end up in the hands of your children.
Four Tips for Protecting Yourself During Divorce When Your Spouse Has a Personality Disorder
Most Illinois couples start their marriage with high hopes for a lifetime of love and happiness. Unfortunately, certain characteristics and behaviors often do not come out until spouses are married and comfortable letting their guard down. This makes certain personality disorders very hard to detect before marriage and devastating to endure once they begin.
Borderline personality disorder, narcissistic personality disorder, histrionic personality disorder and psychopathy affect a relatively small percentage of the population yet are common enough that extensive research has been done about how these personality disorders affect the ability to form and sustain healthy relationships. If you are in a relationship with someone who suffers from a personality disorder, you likely already have experience with how unpredictable and contentious conflict with your spouse can become; unfortunately, getting divorced is likely to be even more challenging. The good news is that you are not the first person to go through this experience and there are things you can do to protect yourself.
Do Fathers Face Bias in Illinois Divorce Courts?
For most of American legal history, mothers held a decided upper hand in a divorce regarding child custody arrangements. According to the “tender years” legal theory, young children needed their mothers more than their fathers. Millions of fathers lost out on crucial years with their children, making it hard to ever recover a fully developed relationship when the children became older.
Today, Illinois family law takes care not to favor one parent over the other–in theory, at least. Although judges are charged with applying the law regardless of their personal beliefs, personal values and biases can still impact a judge’s perception of whether a father is fit to share equal parenting rights with a mother. A father may have to enlist the help of a skilled divorce attorney to help him fight to protect his relationship with his children in a parenting agreement.
What Should I Do if I Believe My Ex is Abusing Our Children After Our Illinois Divorce?
Spouses in Illinois often get divorced because abuse or neglect exists in the marriage. Sometimes, such behavior is directed towards a couple’s children even before the couple decides to separate. Other times, fears of child abuse may suddenly arise after a child comes back from spending parenting time with their other parent and something seems terribly wrong. Regardless of how the issue arose, it is essential to take your hunches about child abuse or neglect seriously. If you are in this situation and wondering whether the situation may justify a parenting agreement modification, read on.
Do I Need to Show Evidence of Abuse?
Illinois courts take allegations of child abuse very seriously. However, family court judges are also aware that spouses will sometimes make false or exaggerated claims about abuse to try to get revenge on each other, or to try to keep children away from their other parent. For these reasons, it is essential to have some tangible evidence that child abuse is taking place so something can be done.
Can a Prenuptial Agreement Protect My Business in Illinois?
If you or your future spouse own a business, you know the hard work and dedication it takes to be an owner. As you are approaching your marriage, you may have questions about the impact that getting married may have on your business. To protect your business’ assets and clearly and legally establish what is and is not marital property, you and your spouse may choose to sign a prenuptial agreement. No one wants to think about divorce before they are even married, but having a prenuptial agreement in place, especially when a business is involved, can provide peace of mind and establish a clear understanding of your finances.
Signing a prenuptial agreement is not a predictor of divorce. As the average age of wedded couples grows older, and more assets are often brought into the marriage, it can be a good way of knowing each other's assets and debts. This can help avoid arguments about finances later, which are a leading cause of divorce. Both parties should be as upfront as they can during the preparation of a prenuptial agreement. During the divorce process, the agreement can be thrown out by a judge if, for example, one of the parties hid assets from the other, or if one spouse felt coerced into signing the agreement.
What Happens Regarding Child Support Payments If One Parent Loses Their Job?
If you have been through a divorce and have children, you may be the recipient of child support payments, or you may be the one making the payments. The initial payment arrangement is either agreed to during the divorce process or through a court order by a judge ruling on the issue. It is based on certain factors, including the combined income of the two parents, how many children are being supported, and local cost of living charts. However, the courts recognize that living situations can change post-divorce. Child support modifications are available for many changes in post-divorce circumstances, and employment status is one such circumstance.
If the parent making the payments loses their job, they can request a temporary reduction through the court in the amount they have to pay. Either parent can petition the court for a child support modification to change the original order. If the job loss was due to being laid off, being fired, or if they are unable to work due to factors outside of their control, the court is more likely to grant a modification request. However, if the child support payor voluntarily left their job and has not been making a concerted effort to regain employment, or willingly took a substantial pay cut, the court may deny the request. It is important to attempt to keep making the payments previously ordered by the court in the divorce case until the modification has been approved by a new court order.
How Establishing Paternity Can Protect a Father’s Rights
Fathers who are involved in family law court cases usually want to make sure their parental rights will be protected. When a married couple with children gets divorced, both parents will usually have the right to share custody (now known as “parental responsibilities” in Illinois) of their children. However, if a child’s parents are unmarried, the father likely may first need to establish paternity before he will have any legal child custody rights. By understanding when it may be necessary to establish paternity and the rights that will apply to parents and children in paternity cases, fathers can make sure they take the correct legal steps that will allow them to maintain close, ongoing relationships with their children.
Establishing Legal Paternity in Illinois
If a mother is married when her child is born, by law her spouse is presumed to be the parent of the child. However, if the mother is not married, she and the father may need to take steps to ensure that the father will be recognized as the child’s parent. Even if both parents agree that a man is the child’s father, a failure to legally establish paternity may result in disputes in the future if the parents disagree about how they will share custody, or about other subjects. Without legal rights toward the child, the father may be unable to participate in raising the child or spend regular time with them.
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