Posted on May 09, 2023 in Family Law

Domestic violence continues to be a very real issue in Kane County and the rest of Illinois. Victims of abuse, harassment, stalking, and domestic violence include people of all races, income levels, genders, and backgrounds.

If you have been abused by a spouse, family member, or household member, an order of protection can provide legal protection against further abuse. Orders of protection, called restraining orders or protective orders in other states, prohibit an abuser from contacting the victim, coming to the victim’s home, school, or workplace, and contain other provisions, such as giving the petitioner custody of any children.

In this blog, we will discuss when a hearing is required to obtain an order of protection and what occurs during such a hearing.

Emergency Order of Protection

Illinois courts offer protection orders on an emergency basis for people who are at risk of abuse or violence. There are two main types of emergency orders of protection. If the person you are seeking protection from has already been arrested or charged with domestic battery, assault, or a related offense, you will want to get a criminal order of protection. If the person has not yet been arrested or charged with a criminal offense involving you, you will be requesting a civil order of protection.

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 Posted on April 21, 2023 in Divorce

Financial disclosure is an essential part of the divorce process. Whether spouses are able to work out a divorce settlement without the court’s involvement, or the case goes all the way to trial, no decisions can be made without complete financial information.

However, some spouses fail to disclose truthful financial data during the divorce. They lie about their income or the sources of income, undervalue assets such as business interests, or fail to disclose property or funds.

If you are getting divorced, make sure you are truthful on your financial disclosure forms. Financial fraud can have significant legal consequences. Additionally, look for warning signs that could mean your spouse is hiding assets or failing to disclose income during the divorce. If your spouse is not truthful about financial matters, it can significantly impact the divorce outcome.

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 Posted on April 10, 2023 in Family Law

If you are in an abusive relationship, you may wonder what getting a protection order can do for you. Many people are unsure of whether court intervention is the right choice for their situation. They worry that securing an order of protection will make the abuser even more angry or otherwise escalate the situation. They do not understand what an order of protection can do for them.

In this blog, we will discuss the legal and practical benefits of securing an order of protection against an abusive partner. For personalized guidance regarding your specific situation, reach out to a Kane County family law attorney.

Emergency Order of Protection

In Illinois, an Emergency Protection Order (EOP) is a court order that is often used to protect somebody from abuse, harassment, or threats of violence. Once an EOP is filed, it goes into effect immediately. Each protection order is tailored to the petitioner’s unique situation. However, EOPs commonly restrict where a person can go and who they can contact. For example, the protection order may prohibit your spouse or partner from visiting your workplace or school. An EOP may even be used to temporarily evict somebody from a shared residence. You may be able to use an EOP to force your spouse or partner to move out of your shared home - even if the home is in his or her name. This can be a very valuable tool for abuse victims that gives them time to gather their belongings and relocate to a safe place.

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 Posted on March 27, 2023 in Family Law

If you are getting divorced and you share children with your soon-to-be ex, you will be expected to fill out a parenting plan and submit it to the court for approval. The parenting plan is the document that describes how you and the other parent will raise your child as divorced co-parents.

The parenting plan is extensive, and parents will need to answer questions about how significant decisions will be made, who will take care of the children on what days, how children will be transported between the two homes, and much more. One parenting plan element that many people have questions about is the right of first refusal. In this blog, we will discuss the right of first refusal and how you can use this important right to benefit your co-parenting relationship as well as your relationship with your child.

The Right of First Refusal

When parents fill out their parenting plan, they will need to determine a parenting time schedule. Parenting time is when a parent supervises a child and provides for the child's needs. You may decide that one parent will have the child during the week while the other parent has the child during the weekend. Or, you may alternate weeks. Every parenting time schedule is slightly different because the parents and the child's needs are different.

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 Posted on March 09, 2023 in Divorce

Finances affect nearly every aspect of a divorce case, including property and debt division, child support, and spousal maintenance. To properly address these issues and end their marriage, divorcing spouses must provide a full accounting of their wages, property, debts, and expenses. Financial transparency during divorce is not only ethical, but it is also required by law. Spouses who hide money or property, lie about their earnings, or fabricate financial data can face serious penalties and may even be held in contempt of court.

How Do Spouses Misrepresent Finances in a Divorce?

Divorcing spouses who want to gain an advantage in a divorce case may lie about their financial circumstances. For example, a parent who is required to pay child support may report income from one job, but not the “under the table” cash earnings he or she gets from a second job.

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 Posted on February 28, 2023 in Divorce

Mediation is a dispute resolution process that has become increasingly popular and effective as a method for resolving conflicts during divorce proceedings. If you are interested in divorce mediation, consider contacting a divorce attorney who has experience in mediation. Today, we will review what is most important to know about divorce mediation in Illinois.

The Many Benefits of Divorce Mediation

Mediation is a form of dispute resolution involving the strategic use of a third party to help reach an agreement. The mediator facilitates communication between the parties, helps them explore and understand their differences, and works to find a mutually acceptable solution for all parties. Mediation in divorce cases can have several advantages, including the following: 

• Cost – Mediation is much less expensive than going to court. Avoiding costly court appearances in divorce mediation can help keep costs down overall.

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 Posted on February 10, 2023 in Family Law

If you have ever watched a television program or a movie that dealt with issues of domestic violence or abuse, you have probably heard the term “restraining order.” The phrase is often used colloquially to describe a directive issued by the court to protect a victim or potential victim from an alleged abuser. This is a source of confusion, however, for many Illinois residents. What most people know as a “restraining order” is actually called an “order of protection” in Illinois. Restraining orders, by comparison, are used by Illinois courts as a form of equitable relief in civil matters.

Temporary Restraining Orders

A temporary restraining order (TRO) is a type of injunction that can be requested by a party in any civil court case. An injunction, at its most basic, is a court order that requires the opposing party to stop doing or to avoid doing a particular thing. A temporary restraining order is often the first step in seeking a permanent injunction. If the situation is serious enough, a TRO can be issued for up to 10 days until a judge can make a ruling on a preliminary or permanent injunction. Violations of TROs are dealt with in civil court and typically incur monetary sanctions and penalties.

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 Posted on January 24, 2023 in Family Law

If you are a divorced parent, the state of Illinois requires both you and your former spouse to contribute to your children’s financial needs. Every three years, the state will invite you to review and possibly modify your existing order for child support. But what if a child’s needs or your financial situation change substantially before then? In that case, you can petition the court to have the child support order modified. 

What Qualifies as a Substantial Change in Circumstances?

You may be a good candidate for a child support modification in a variety of situations. Some of the most common include:

• Your child’s needs have changed considerably since the last order—a new health condition, for example—and you want your ex to help pay those added costs. 

• The paying parent’s income has increased or decreased substantially. 

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 Posted on January 19, 2023 in Divorce

Most of the time, a divorce is something that both you and your spouse can see coming and make plans regarding how to handle it. On occasion, however, it comes as a surprise. The pop culture scene of the husband or wife being served at their door with divorce papers does still happen in this day and age. If this does happen to you, it is important that you react quickly. If you do not, and your spouse has malicious intentions, you may be put in a very difficult position.

Information Is Key

According to current estimates, as many as two of every three marriages experience issues with hidden assets. If your spouse decides to file for divorce first, it gives him or her the advantage of time in which they may attempt to conceal property or revenue streams. Though there is very little legal advantage to filing first, some spouses do use the element of surprise in an effort to manipulate the proceedings. In addition to possibly hiding assets, some may try “conflict out”—which means meeting with the top-rated divorce attorneys in a certain area, so as to establish an attorney-client relationship, thus leaving the other spouse with no available attorney without a potential conflict of interest.

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 Posted on December 27, 2022 in Family Law

As anyone who has children can attest, it is not easy to be a parent. Parenting is infinitely more challenging after a divorce or breakup, especially if the other parent has been granted substantially more parental responsibilities and parenting time than you have. Under the law in Illinois, you have the right to reasonable parenting time with your child, but exercising that right can be difficult. Additionally, you might have personal issues of your own that have led the court to restrict your parenting time rights. A situation such as this can be extremely challenging, but it is not necessarily a permanent state of affairs, and there are some steps you can take toward getting your full parenting time rights restored.  

#1. Understand the Reasons

According to Illinois law, your parenting time rights cannot be restricted simply because a judge does not like you or the way you are living your life. The court must issue a finding that you or your lifestyle poses serious physical, mental, moral, or emotional dangers to your child, and the finding must be specific enough for you to address the court’s concerns. Common grounds for parenting time restrictions include alcohol or drug abuse issues, concerns regarding instances of physical or emotional abuse, and association with dangerous individuals. Only after you understand why the court has restricted your parenting time can you start taking steps to improve your situation.

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