Posted on June 17, 2021 in Child Custody

In our last post, we discussed guardians ad litem in Illinois and examined their role in a child custody dispute. In this post, we will look at another important role in custody battles: that of a custody evaluator.

Similar to cases in which guardians ad litem are appointed by the court, custody evaluators are often appointed when a custody battle is complex or hostile and the judge needs objective information about the parents and their home lives in order to make a custody decision.

What Is a Custody Evaluator?

A custody evaluator is usually a trained psychologist or a psychiatrist. They are responsible for investigating the mental health, home situation, and parenting capabilities of each parent, as well as getting to know each child in order to determine what is in their best interests. Parents may be required by the judge to pay for the custody evaluator themselves.

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 Posted on June 10, 2021 in Child Custody

During a contentious divorce or custody battle, parents may not be able to agree on what is best for their child. A judge, who is a third-party observer, will hear arguments from both parents’ lawyers but may still need to know more. One way courts in Illinois deal with situations like this is by appointing a guardian ad litem to represent the interests of the child. This is especially true when there are allegations of abuse. But what exactly is a guardian ad litem, and what can you expect them to do in your case?

What is a Guardian ad Litem?

A guardian ad litem (GAL) in Illinois is a person who has undergone specific and ongoing training that qualifies them to act as an independent representative of a child in a divorce or custody case. They are also often a licensed attorney, but when acting as a GAL, they do not represent either of the parents, but rather function as a kind of special investigator whose role is to collect information and analyze the entire family situation of the child.

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 Posted on June 04, 2021 in Child Custody

In 2019, Illinois Governor J.B. Pritzker signed the Illinois Cannabis Regulation and Tax Act and changed the way marijuana is treated under Illinois state law. Although marijuana use and possession remain illegal under federal law, this follows a national trend of legalizing marijuana use on the state level.

Included in this new law are provisions which state that marijuana use in and of itself cannot be used as a factor in making decisions in child custody disputes. Judges, custody evaluators, and guardians ad litem are not allowed to discriminate against a custodial parent based on recreational or medicinal marijuana use.

However, this law has certain limitations. Like alcohol, marijuana usage can cross into unhealthy behaviors, particularly when children are in the picture. Keeping a few basic principles in mind will help you keep your children safe and ensure marijuana never becomes an issue in a child custody dispute.

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 Posted on May 28, 2021 in Alimony/Spousal Support

Getting a divorce does not always mean you will receive spousal support from your spouse afterward. If the couple does not have a valid prenuptial agreement dictating maintenance and cannot agree to a spousal maintenance arrangement, out of court, spousal maintenance decisions will be left up to a judge. The court uses a variety of factors to determine whether or not a maintenance award is appropriate. These factors include things such as each spouse’s age, health, occupation, income, earning potential, and any impairment to their employability or earning potential. Fighting for a maintenance payment can be a battle in itself. However, many divorcing spouses who depend on that support are also concerned with how long the payments will last.

Length of Spousal Maintenance

In many cases, spousal maintenance does not last forever. In fact, courts have moved away from spousal maintenance payments being the norm. In many cases these days, both spouses are employed and have income when they divorce, decreasing or eliminating the need for spousal support. However, if spousal support is deemed necessary and is awarded to the spouse, then the court will follow guidelines set out in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Illinois law states that the length of spousal maintenance payments is calculated by multiplying the length of the marriage in years by a specific factor. However, if the marriage lasted for 20 or more years, the court can decide to award maintenance indefinitely. For example, if a couple was married for 14 and a half years, the court would multiply 14.5 by .60 to come up with 8.7. This means that the couple in this example would be paying and receiving support for a little more than 8 and a half years. Maintenance automatically terminates when the recipient remarries.

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 Posted on May 27, 2021 in Prenuptial and Postnuptial Agreements

Even though you said your vows on your wedding day, "‘till death do us part" does not always come true. Sometimes, things do not work out the way that we planned and the person who you thought you were going to spend the rest of your life with turned out just to be temporary. In the event that you get a divorce, various decisions about finances and any children you may have will have to be made. If you and your spouse have a prenuptial agreement filed with the court, these decisions will be much easier to make. However, there is always a chance that your spouse will attempt to contest the agreement and they may actually have a case if there is something that makes the agreement invalid.

Elements that Invalidate a Prenuptial Agreement

A prenuptial agreement can be a useful tool during a divorce, but it is only as strong as it is valid. If your prenuptial agreement is considered to be invalid by the courts, you will not be able to enforce the terms of the agreement. There are various reasons why the court may consider your agreement, or portions of the agreement, invalid. The most common reasons include:

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 Posted on May 21, 2021 in Divorce

The relationship between a parent and his or her child is a sacred bond. When that relationship is strained or damaged in some way, it can have lasting psychological effects on the child. Unfortunately, this is exactly what happens in many divorces - often to the father. Even though the law states that parents should be treated equally, this is not always the case. In many cases, the father faces a particularly difficult situation when it comes to divorce.

Navigating Divorce as a Father

It is very common for the father to be overlooked as a parent in divorce cases. If parental decision-making responsibilities or parenting time is contested by either spouse, the judge will step in to make the final decision. Many people still have implicit biases about the role that a mother and a father take in raising children, which can lead to unfairness in the decisions they make. As a father, here are a couple of things you should keep in mind when you are going through a divorce:

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 Posted on May 20, 2021 in Divorce

The period of time right before you file for divorce is extremely important. There are so many things that you should be getting prepared for, but one of the most important decisions you should make before you begin your divorce is which divorce attorney you will hire to help you through the process. These days, most people find divorce attorneys by talking to family and friends or searching online. However, the thought of searching for an attorney online can be daunting, especially if you are trying to be discreet about your search. Privacy can become an issue in many divorces, but there are things you can do to help protect your privacy when you are looking for a divorce attorney.

Tips to Following When Searching for Lawyers

Anything you do online leaves a footprint. For people who want to peacefully conduct their search for a divorce attorney, privacy and cautiousness are key. If you are looking to hire an attorney to assist with your divorce, here are a few things to keep in mind during your search:

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 Posted on May 13, 2021 in Finances and Divorce

When you are older and you get a divorce, there are many financial uncertainties that you must face. Getting divorced when you are close to retirement or in retirement can be scary. How will your retirement accounts be handled? Will you still be able to retire at the age you are planning on retiring? These are questions that run through the minds of divorcing spouses at any age, but they are especially concerning for older divorcees. Thankfully, the Social Security Administration (SSA) provides ways that you can claim retirement benefits through of your ex-spouse’s retirement benefits, without lowering the amount your spouse receives.

Qualifying for Social Security Benefits

If you are divorced, you may be able to claim benefits from your spouse’s work record, even if you did not work yourself. However, there are certain requirements that you must meet before you are eligible to receive benefits. You may be able to claim these Social Security benefits if:

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 Posted on May 06, 2021 in Divorce

An engagement ring is an important part of getting married for many people. Engagement rings have a long history, dating all the way back to ancient Roman times when they were made out of things like ivory or iron. Diamond engagement rings did not become popular until the late 1940s when De Beers, a British jeweler, launched one of the most successful ad campaigns in history. The world became convinced that indeed, “Diamonds are forever,” making diamond engagement rings the “standard.” Now, the average American spends around $7,750 on an engagement ring, making it a valuable piece of marital property. One of the questions that many divorcing couples have during the property division process is about the engagement ring. Who gets to keep it?

Property Division Laws

Illinois makes a distinction between marital and nonmarital property during divorce. Illinois law states that any and all marital property is subject to division. Marital property includes any property that either spouse acquired during the marriage or any debt that either of them might have taken on. Nonmarital property is anything that either spouse acquired prior to the marriage. However, there are exceptions to that rule. Property that was acquired through inheritance, property acquired in exchange for that property, property acquired as a gift, and property that is excluded by a valid prenuptial or postnuptial agreement is not part of the marital estate.

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 Posted on April 23, 2021 in Family Law

Marriage is a dream for many people, but for others, it is something that is not necessary. While some people need a ceremony to show their love in front of friends and relatives, others prefer to simply live together and act as a married couple without undergoing the legal process. When a couple wishes to live together but not get married, it is sometimes known as a common-law marriage. While it does work for many couples, any couple that enters into this type of relationship must understand what their rights are, and how to protect them.

What is a Common Law Marriage?

Not every couple that lives together is considered to be in a common-law marriage. In most cases, people that want to be considered common law must:

• Cohabitate for a certain period of time

• Have a legal right to marry

• Have the intention of marrying at some point in the future

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