Posted on July 19, 2016 in Divorce

A few of the most common reasons why couples divorce are conflicts about money, infidelity, and conflicting views about how to raise their children. These kinds of issues generally arise within the first decade or so of a marriage. But when a marriage can weather these difficulties and last 20, 30, or even more years, it can be difficult to imagine it ending in divorce. But statistics show that is is becoming increasingly common for older couples, those who have been married for short periods of time as well as those who have been married for decades, to seek divorces. This trend is known as “gray divorce.”

Since 1990, the divorce rate for individuals over 50 has doubled. Certain issues are unique to older couples that drive them toward divorce. These, coupled with the social attitudes and expectations of individuals in their 50s and 60s today versus the attitudes and expectations held by previous generations, are driving the trend of gray divorce in the United States.

Continue Reading ››

 Posted on June 08, 2016 in Child Custody

Polygraphs, also known as “lie detector tests,” are a fairly common trope in talk shows and crime dramas. In these fictional depictions, the subject is wired to the test and asked questions about his or her alleged crime, usually as the wires of the test move rapidly back and forth on the result paper. But are polygraph tests really used this way? No. Today, most polygraph tests are computerized. They are also not admissible in most courts of law. This includes Illinois. If your former partner asks you to take a polygraph test, do not feel like you have to – the results of the test have no value in the courtroom. You might be advised to undergo such a test if you are facing an accusation of child abuse or domestic violence. Do not take the test unless you have discussed it thoroughly with your attorney. You are under no legal obligation to take a polygraph test in any circumstance, nor are the results of one admissible in court. Talk to your family lawyer about the possibility of using a polygraph as part of your parenting time evaluation.

Continue Reading ››

 Posted on March 09, 2016 in Divorce

According to Time magazine, despite the recent rise of married women choosing to retain their maiden names after marriage, approximately 80 percent still choose to alter their names in some way, either by taking their husbands' names or by hyphenating their husbands' names with this own. These women often face the issue of changing their names again when they divorce. Although some opt to retain their husbands' names in order to have names that match their children, many divorced women look forward to the day that they can remove this connection to their former husband from their identity.

If you have recently been divorced or plan to divorce in the near future and you want to change your name, you will need to complete the legal name change process. Consider speaking to an attorney for help with this process.

Changing Your Name with the Social Security Administration

To change your name with the Department of Motor Vehicles and on other official documents, you first need to change your name with the Social Security Administration (SSA). This is done through a completed Application for Social Security Card (Form S-55). This must be done in person or by mail. To change your name you need the following:

Continue Reading ››

 Posted on February 29, 2016 in Divorce

If you find yourself heading to court to reach a decision in your divorce or family law issue, it is important that you dress appropriately for the occasion. It is not uncommon for individuals to show up to court in clothing that is far too casual or otherwise inappropriate for a courtroom setting, due to both the relaxing decorum rules of our society and the fact that many people have never previously been inside a courtroom.

Keep It Conservative

This is the most important rule to keep in mind when determining what you will wear to court. A tasteful, conservative outfit is always your best choice. Ways to style yourself conservatively include:

• Choosing neutral colors like navy blue and forest green. Wear a solid color or a demure pattern, like pinstripes, rather than a loud or distracting pattern or color;
• Leave everything to the imagination. Shirts on both sexes should be neatly buttoned to the top and clothing should not grip the body tightly, but rather fit appropriately. Skirts should reach the knee and shoes should not have open toes;

Continue Reading ››

 Posted on December 21, 2015 in Domestic Violence

As a parent, one of your greatest goals in life is to keep your child safe. Family attorneys and the Illinois Department of Children & Family Services (DCFS) share this goal. Sometimes, keeping a child safe requires DCFS to remove a child from his or her parent's home or create a set of rules that the parent must follow to prevent the child from being harmed by his or her parent or any other individual present in that parent's home.

You might be asked to work with DCFS to create a safety plan for your child. Do not panic or become combative with the party asking you to agree to this plan – it is not an indictment against you as a parent, but a way DCFS can work to protect your child from a potentially-harmful situation. Work with your attorney and DCFS to create a safety plan that works for your child and you.

What Is a Safety Plan?

A safety plan is a set of actions that a child is to take if he or she feels he or she is in danger of harm. If DCFS determines during its investigation that a child cannot successfully carry out the actions of a safety plan, it might opt to remove the child from a household altogether. Examples of provisions that may be included in a safety plan include:

Continue Reading ››

 Posted on December 09, 2015 in Child Custody

The prospect of a teenage son or daughter becoming a parent raises questions for an entire family. Where will the baby live? How will the baby's parents support him or her? And for many, who makes important financial, medical, and lifestyle decisions on the infant's behalf when his or her parents are minors themselves? Child custody decisions, whether they are in regard to your child or your grandchild, can be complicated.

Even Teen Parents Have Full Parental Rights for Their Children Unless These Rights Are Terminated by the Court

Even if your child is under the age of 18 and unable to make legal decisions for him- or herself, he or she has full parental rights to his or her child. These rights include the right to consent to medical care throughout the pregnancy and birth, the right to make medical decisions for the baby after it is born.

If the baby's parents do not live together, either may go to the court to seek a custody arrangement. Like all other custody arrangements, the court determines the best place for the baby to live according to multiple factors, such as:

Continue Reading ››

 Posted on October 14, 2015 in Divorce

A subpoena is a written order for an individual to appear in court. In cases where the divorcing partners can cooperate with each other, subpoenas are often not necessary. But when the parties cannot get along, one party refuses to obey the court's orders, or one party is suspected of hiding assets from the other, the court may use a subpoena to require a divorcing individual to come to hearings and comply with its other requirements.

Receiving a subpoena can be confusing. If you are currently going through a divorce and you have received an order to appear, or your partner is not cooperating with the court and your divorce is becoming drawn out and draining your resources, talk about your subpoena and any related divorce issues with an experienced divorce attorney. A divorce consists of many elements and it can be difficult for an individual to keep track of each piece.

What Can a Subpoena Do?

A subpoena is used to call an individual to court. It can be used to require one of the divorcing partners to court or it can be used to require another individual to come to court to provide a testimony as part of the divorce process. For example, the guardian ad litem handling the couple's child custody determination might be subpoenaed to appear in court and provide his or her report of the couple's parenting abilities, resources, and his or her recommendation regarding their children's custody. Other individuals who might be subpoenaed can include those less closely involved in a couple's divorce, such as the couple's child's teacher to verify an allegation that one of the parents was three hours late picking the child up or the child's pediatrician to discuss how a parent handles the child's healthcare.

Continue Reading ››

 Posted on May 15, 2015 in Child Custody

Parenting while incarcerated may seem like an impossibility. When a parent goes to prison, finding an appropriate custody situation for his or her child is a priority. In some cases, the child's other parent receives full custody of the child. In others, another living arrangement must be determined.

If you have been charged with a criminal offense and you are facing jail time, speak with an experienced family attorney about how your potential incarceration can affect your child and his or her current custody agreement. He or she can answer any questions you have about the possibility of spending time in jail and help you and your family develop a plan for custody and visitation if the need arises.

Pregnancy and Childbirth in Prison

Illinois is one of only four states to prohibit the shackling of female inmates during pregnancy and childbirth. Babies born to mothers who have access to Illinois' prison nursery programs may stay with their mothers until they reach 18 months of age. Otherwise, the infant may be given to his or her father or, if the father is not present or unfit to be a parent, with another relative. The child's mother may name a relative a short-term guardian for her child. This individual is given custody of the child for up to a year while the mother completes her jail term.

Continue Reading ››

 Posted on April 01, 2015 in Family Law

Going to college after completing high school is more than just a popular choice for many young adults in the United States: it has become an expectation. As a parent, you naturally want to help your child in any way possible. But wanting to help your child is not the same as being legally required to help him or her. As your son or daughter reaches adulthood, you might be wondering whether you are required to pay for his or her college education as part of your child support obligation.

There is no clear legal answer to this. In Illinois, there is no law that specifically states that a parent must pay for college expenses as part of his or her child support agreement. However, the Illinois Marriage and Dissolution of Marriage Act includes language that gives a judge the right to order that an individual parent contribute to his or her child's college costs. This section of the law also gives judges the power to determine how much a parent must pay. This is known as non-minor support.

Continue Reading ››

 Posted on March 19, 2015 in Family Law

Generally, only a child’s parents or legal guardians have the authority to make decisions regarding the child’s care and well-being. To a certain extent, that authority even extends beyond the grave. Illinois law permits parents and guardians to appoint standby guardians, which allows them to decide who will care for their children if the worst happens. A standby guardian is someone who would immediately take on the care of minor children upon the passing of the parents or guardians.

You may appoint a standby guardian in your will, but the law does not require the designation to be made this way. There are other legal forms that you can use instead. However, the content requirements are the same, no matter the type of document used:

Continue Reading ››