Divorce

  • Common Questions April 15, 2020

    In the unfortunate event of having to file for divorce, did you ever wonder whether there is an advantage to filing in the City of Chicago, or filing close to your suburban home?  Does it matter if you and your …

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  • Dealing with an Abusive Spouse During a Divorce November 15, 2018

    If you are in the process of going through a divorce, it’s safe to assume that emotions are already in a heightened state. When you are dealing with an abusive spouse during the process it is very likely that the …

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  • Important Things to Do When Filing for Divorce October 15, 2018

    Have you and your spouse recently decided to file for divorce? Even when the divorce is uncontested (both parties have agreed to the divorce), the process can still be overwhelming and stressful. Divorce is a decision that will impact your …

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  • How to Help a Friend Who is Going Through a Divorce January 24, 2018

    A divorce is perhaps one of the most difficult ordeals that a person can go through during their lifetime. People who are going through a divorce need the support of their close friends. A trusted divorce lawyer in Chicago Ill …

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  • Who Pays the Attorney’s Fees? July 26, 2017

    Who pays the attorney’s fees? Often times a person will wait for months, and sometimes years before filing for divorce for one simple reason… he or she cannot afford the attorney’s fees to be incurred during divorce proceedings. The Illinois …

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  • Who Pays for College When Mom Remarries?

    Who pays for college when mom remarries? Many divorces are settled with the understanding that each parent’s contribution to the payment of the minor children’s college education expenses will be determined at the time each child is ready to attend …

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  • Who Outsmarts Who?

    Who outsmarts who? Leave it to parties going through a divorce to come up with an underhanded scheme to attempt to gain leverage in a divorce battle. In a recent Illinois case between two spouses getting divorced, the husband, David, …

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  • The Dangers of Rolling the Dice

    The dangers of rolling the dice It has long been my belief that going to trial in a divorce case is the equivalent to rolling the dice in Las Vegas. You never know what you are going to get. In …

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  • So You Think You Can Be a Judge?

    So you think you can be a judge? Being a Family Law judge in the Circuit Court of the State of Illinois not only requires vast amounts of patience, compassion and intellect, but also requires many judgment calls in divorce …

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  • Religious Freedom After Divorce

    Religious freedom after divorce In Illinois there is a law found in Section 608 of the Illinois Marriage and Dissolution of Marriage Act which provides that, unless otherwise agreed by the parties, the custodial parent shall determine the child’s upbringing …

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  • Premarital Agreements in Illinois; Do They Work?

    Premarital agreements in Illinois; do they work? I recently read with interest that a premarital agreement drafted on behalf of Major League Baseball superstar, Barry Bonds, was ruled invalid by an Appellate Court in the State of California. This was …

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  • Let’s Make a Deal

    Let’s make a deal Do you remember the popular game show, “Let’s Make a Deal?” I thought of that show when I recently read an Illinois Appellate Court case decided March 25, 2004 in which parents who were divorced twenty-one …

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  • How Much is Enough?

    How much is enough ? Once upon a time there was a very good basketball player whose girlfriend gave birth to a baby boy on February 29, 2000. This basketball player (who plays in the N.B.A.) moved in with his …

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  • How Does a Divorce Court Define “Fair”?

    How does a divorce court define “fair?” On January 29, 2003, the Illinois Appellate issued a decision in a divorce case upholding a trial court decision to award 84% of the assets to the wife, and 16% of the assets …

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  • How Can Dad Change Custody?

    How can dad change custody? When Fred and Wilma first got married in the town of Bedrock, they thought they would live happily ever after. They bought a house, a car, and then along came their daughter, Pebbles. Five years …

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  • Exclusive Possession: I want my husband out!

    Exclusive possession: I want my husband out There is a rarely used section in the Illinois Marriage and Dissolution of Marriage Act which gives a trial court authority to remove a spouse from the marital residence during the pendency of …

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  • Dissipation in Divorce Proceedings July 25, 2017

    Dissipation in divorce proceedings The issue of whether or not dissipation has occurred in a divorce case continues to remain at the forefront of many property disputes. As recently as December, 2000, the very well respected Fourth District Illinois Appellate …

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  • Child’s representative statute declared unconstitutional

    Child’s representative statute declared unconstitutional On October 28, 2004 the Illinois Supreme Court issued an important decision which affects the procedure in which Illinois trial courts must handle allocation of parental responsibilities disputes. There is an often used section in …

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  • Children out of Wedlock

    Children out of wedlock It has become increasingly common in today’s society for parents to give birth to children out of wedlock. Prior to July 10, 2003, the law in Illinois treated married parents differently than parents who had children …

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  • Can you be your own attorney in a divorce?

    Can you be your own attorney in a divorce? Judge Grace Dickler is arguably one of the most knowledgeable, experienced and respected Judges in the Cook County Divorce Division; however, even Judge Dickler had her “hands full” in overseeing a …

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  • Can Mom Move with Dad’s Child to Another State?

    Can mom move with dad’s child to another state? Approximately three years ago, this column wrote on the issue of whether, after a divorce, a custodial parent could move out of state with her child or children over the father’s …

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  • Are you receiving child support on time?

    Are you receiving child support on time? There is a little known law in Illinois (750 ILCS 5/706.1 (E)) which allows a court to assess a penalty against employers who do not remit payments of child support on time. In …

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  • Are single parents chained to Illinois?

    Are single parents chained to Illinois? Have you ever seen the commercial for Southwest Airlines where the ending words are, “You are now free to move about the country?” A wonderful thought for vacationers! After listening to this advertisement four …

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  • Are grandparents entitled to parenting time rights?

    On August 19, 1999, the Illinois Legislature amended the provision in the Illinois Marriage and Dissolution of Marriage Act pertaining to grandparent parenting time rights. If you are a grandparent that has divorced children, you may have experienced difficulty in …

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  • Allocation of Parental Responsibilities: Do I Have a Say? April 14, 2017

    Laws regarding parenting between divorced spouses have changed dramatically in Illinois. Once called child custody, these new laws went into effect at the beginning of 2016 and are now referred to as allocation of parental responsibilities. Ultimately, the court will …

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  • Surviving a Divorce with a Strong Support System December 27, 2016

      Divorce elicits different feelings and reactions in different people. Some people don’t want to be asked questions or to have to talk about what led to the divorce, sometimes because they don’t want to face the truth themselves. Others …

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  • Who gets the Children during the Holiday Season? November 11, 2016

    For a lot of parents getting a divorce, the matter of child custody is the most important and stressful part of it. In Illinois, Chicago, custody has two components. One is legal custody, which is the right to make decisions …

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  • How Long does a Divorce take in Chicago? October 24, 2016

    Divorce is one of the worst things that can happen to lovers who have lived together happily, fighting and conquering the upheavals of life together. Yet it is an unnecessary evil that sometimes is inevitable to happen. However, should it …

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  • Divorce: Grey Years October 7, 2016

    You could be young and in a blossoming marriage in which divorce is foreign language. Or you could have spent years enjoying your marriage and imagining losing it after investing all your marital years in it is unimaginable. Yet grey …

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  • Child Support! Who Pays Who? September 23, 2016

    When going through a divorce with a child involved, child support almost always comes up. If you and your former spouse can agree upon no child support, it is far easier, keeps the divorce cost down and helps both of …

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  • Social Media, Cheating, and Its Effects on Your Divorce August 8, 2016

    With the rise of social media and networking sites constantly tout “getting back in touch” or “expanding your network,” it can be hard to recognize the situations you are putting yourself in. In terms of relationships, both old flames and …

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  • Love Hurts! The Cost of Divorce July 22, 2016

    If you are looking at going through with a divorce in Chicago, one of the first questions you may have is “how much will this cost?” This is a very difficult question to answer as there is nothing set in …

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  • Divorce: What Not to Do July 8, 2016

    When you’re starting divorce proceedings, you’ll be buffeted on every side by advice. Some is warranted: legal advice, advice from trusted friends, and the like. But much of it comes from well-meaning acquaintances. Constantly being told what to do can …

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  • Domestic Violence in Child Custody Cases June 10, 2016

    A child’s exposure to domestic violence has only recently come up for consideration in child custody cases, as, in the past, it was assumed that a child’s formative years were best spent with the mother. The Family Violence Project, 1995, …

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  • Adopting Your Spouse’s Child May 20, 2016

    In many TV re-marriages, there is a touching moment when the new parent offers to adopt the spouse’s child, and the child accepts. Often this is the end of that particular plot line. But is adopting your spouse’s child from …

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  • Receiving Social Security Benefits after a Divorce May 6, 2016

    Most retirement plans revolve around social security benefits in some form or another once the person is old enough to qualify. In some cases, people don’t qualify on their own and instead benefit from spousal benefits. But after a divorce, …

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  • Ruffled Feathers: Who Gets the Pets? April 15, 2016

    Let an experienced Chicago Divorce lawyer help you! When around 50% of all households in Illinois have at least one pet, a good portion of divorces every day require thought about this issue. To some, pets are every bit a …

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  • Equally vs. Equitably in a Chicago Divorce March 16, 2016

    After twenty years of marriage, Sue and Sam have decided, amicably, to divorce. Their twenty years of marriage have occurred with joint bank accounts, and finances have always been thought of under a “what’s mine is yours” criteria. Add in …

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  • The Disappearance of At-Fault Divorce in Illinois November 11, 2015

    As of January 1, 2016, the rewritten version of the Illinois Marriage & Dissolution of Marriage Act (Public Act 99-90) will come into effect. This will come with several major changes, not the least of which is the transformation of …

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  • Length of Chicago Divorce Proceedings: What to Expect September 25, 2015

    Chicago divorce lengths can vary based on whether they are contested and fought in court, or whether they are resolved through mediation and arbitration. Filing the paperwork alone will take about one month, but if the participants are unable to …

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  • Same-Sex Divorce and Custody: Divorce In Chicago August 20, 2015

    “I should have custody of the kids, I’m their mother.” While this has historically been a convincing argument in the eyes of the court, what happens when both parents can make that claim? Or what if neither can, because they …

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  • I need my spouse OUT- what are my options? July 10, 2015

    Divorce is an emotionally complicated time, and continuing to live with your soon-to-be ex doesn’t make it any easier. However, as much as you may feel like your spouse should vacate, the courts will only intervene if there is a …

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  • Chicago Divorce- How do I start? June 4, 2015

    When you fall in love and get married, divorce will be the last thing on your mind. The decision to end your marriage is not one you have come to lightly, but now that you know it is your next …

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  • Chicago Divorce: 10 Things You Need To Know April 16, 2015

    Chicago Divorce: 10 Things You Need To Know Divorce brings about a wide range of emotions for all parties involved- spouses and children especially. With so many things changing, deciding what to have for lunch can be difficult, let alone …

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