Relocation: New Rules When a Custodial Parent Wants to Move
The Illinois legislature’s recent overhaul of the state’s child custody and divorce laws are far-reaching: even the state’s removal laws – what a custodial parent must do if he or she wishes to move with the child – are getting a makeover. Under the new laws, which went into effect on January 1, 2016, the term “removal” has been replaced with “relocation,” arguably in recognition that a move can be disruptive to the noncustodial parent’s visitation rights regardless of whether the move is in-state or out-of-state.
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Do I Need the Assistance of a Divorce Lawyer?
There are websites and organizations claiming that divorcing spouses do not need to hire an Illinois divorce attorney. Instead, these sources claim, any individual can learn everything they need to know about Illinois divorce laws in a relatively short amount of time. Are these sources correct: can divorcing couples really learn all they need to know about Illinois divorce law from a book or website? Here are some truths to consider:
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Will Illinois Marriage and Dissolution of Marriage Act Changes Affect My Pending Divorce?
On January 1, 2016, new laws affecting divorces, child custody disputes, and paternity proceedings take place throughout Illinois. Many of these laws were enacted to reflect current societal realities in Illinois and make the process of obtaining a divorce and/or establishing a parent-child relationship easier. But as anyone who has gone through a divorce proceeding or had to have a child custody issue decided by a court can attest, domestic relations disputes are not always resolved quickly. What laws would apply if a person were to file for divorce or initiate a child custody proceeding in 2015 but that proceeding was not ready for a final decision by the court until 2016?
The Changing Face of Legal Custody in Illinois
By now many Illinoisans are aware that, come January 1, 2016, family law in Illinois is getting a substantial makeover. “Legal custody” is one familiar legal principle that is being overhauled as part of the legislature’s expansive effort to have Illinois’s family and domestic relations law reflect twenty-first century realities. It remains to be seen, however, if the changes to how a court determines legal custody will benefit Illinois families or whether it will further complicate already-challenging custody determinations.
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What Is a Default Judgment and How Can I Get It Vacated?
When you fail to timely enter an appearance or respond to a divorce petition filed against you, a default judgment may be entered against you. By entering a default judgment, the court has determined that although you were provided with an opportunity to respond to the divorce petition and participate in the proceedings, you failed to do so. As a result, the court has concluded that it has no choice but to award the petitioner – your spouse who filed the divorce petition – the relief he or she requested in the petition.
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Can Holiday Gifts Be Counted Toward My Child Support Obligation?
Over the next several weeks, parents throughout Illinois will spend hundreds of dollars (if not more) on holiday gifts for their children – including divorced parents. For some nonresidential parents (that is, parents with whom their children do not reside full-time), the holidays can be an especially trying time, financially speaking. While not wanting to disappoint their children by failing to purchase gifts, many of these nonresidential parents may find it difficult to make lavish purchases for their children because of the nonresidential parent’s child support obligations. Are there circumstances in which amounts spent on gifts or other items for your child can be counted toward your child support amount?
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Valuing a Business in an Illinois Divorce
Most Americans are familiar with the basic concept of property division in an Illinois divorce: the court will attempt to divide the property between the two divorcing spouses in a fair and equitable manner. But a business is a much more complicated asset to divide than, say, the value of a car or the value of a home. What is more, the value of a business on any given day may fluctuate and, over time, can vary widely from its value at a previous point in time.
Decisions Divorcing Parents of Teens Should Consider
There is never truly an “ideal” time to divorce: any time a couple chooses to divorce will involve the divorcing spouses having to make decisions about issues and matters that may or may not be relevant in another couple’s divorce. Parents who are divorcing and who have children planning to go to college in the near future are no different. Some of the issues relevant to divorcing couples with college-aged children include:
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Appealing a Family Court Decision
No lawyer or litigant likes to lose in court. This is especially true in divorce cases where a “losing” party can have his or her financial interests and/or parental rights adversely impacted. When this happens, the “losing” party – the one whose interests were adversely affected by the trial court’s decision – may be left wondering how such a terrible (relatively speaking) decision can be undone. Most individuals have heard the term “appeal” and know that an “appeal” can reverse a decision entered by an Illinois trial court. Can you appeal a trial court’s decision in a divorce or child custody case? More importantly, should you appeal a decision?
Are Orders of Protection Effective?
A Jacksonville, Illinois man was shot and killed recently, allegedly by the man’s ex-father-in-law. Around the time of the man’s divorce, he sought and obtained an order of protection against his ex-wife, claiming that he feared for his life after his ex-wife allegedly threatened him with a handgun. Before the man was killed, court records appeared to show the man’s ex-wife allegedly violating the order of protection several times. Unfortunately, this man’s tragic experience is not unique. Although orders of protection are meant to protect victims of abuse and stalking from further harm, oftentimes violations of these orders go unreported by the victim or courts do not take sufficiently aggressive measures to deter future abuse. This leaves one to ponder: what “teeth” do orders of protection have in Illinois?