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When allocating spouses’ property under 750 ILCS 5/503 of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”), Courts are to assess whether a spouse engaged in the dissipation of marital assets. While marital misconduct, such as adultery or mental cruelty, are not a basis to affect the allocation of marital property, dissipation is relevant and the spouse engaging in the dissipation could receive a lesser share of the marital estate.

Defining Dissipation

Dissipation occurs when one spouse uses marital property, for a use unrelated to the marriage, during a time in which the marriage is irretrievably broken.[1]

When analyzing
Continue Reading Dissipation: Cheating, Gambling & Jet Setting – Oh My!

Holidays are a time to reminisce and appreciate our loved ones; but for a family that is in the midst of a divorce or breakdown it can be filled with anxiety, depression, and strife. If you and your family have recently undergone a significant change in dynamics here are some things you can do to make the Father’s Day weekend a more positive experience for your children: 

Tips for Mothers:
· Talk to your children about their heritage. Share stories and photos of your father, grandfather, and the other men in your family’s lineage. Make Father’s Day inclusive of all
Continue Reading Six Tips For Newly Separated Parents During Father’s Day Weekend

1. Obtain malpractice insurance – As a new lawyer, your budget is likely tight. Malpractice insurance can be yet an additional expense to your limited pool of resources. However, it is one of the best investments you can make. When you first begin your practice you know the least about the law, both substantively and procedurally. You are at the highest risk of committing an inadvertent error. You can put your mind at ease, taking on new clients and cases by knowing that your insurance policy protects you in the event of a mishap.
The ISBA Mutual assists new lawyers by
Continue Reading Sarantakis Provides Five Tips to Lawyers Starting Their Own Practice

The holidays are often a time of joy and celebration for families across the nation, but when a family is in the midst of undergoing a change in dynamics it can be a time of dread and consternation. It is difficult enough coping with the loss of a nuclear family unit, but the stress of the holidays exacerbates this already trying time. The loss of tradition is highlighted, and everyone feels the pressure to do what is expected of them, while inwardly mourning the loss of years past. So how should families who have been reconstituted into two households manage
Continue Reading How Families Can Better Cope with Divorce During the Holidays

Family lawyers are accustomed to wearing many hats. They serve as counselors, therapists, advocates, confidants, and advisors. They need to be well-versed in various practice areas such as estate planning, criminal law, and business matters, just to name a few. More importantly they need to possess certain personal characteristics. The following traits have been found to be especially helpful to attorneys who deal with sensitive and emotionally-laden matters such as divorce and child custody:

(1) Patience. As lawyers, we often have an impulse to advocate for our clients. We want to articulate our positions and convince the audience. However, an effective family
Continue Reading Five Traits of a Successful Family Law Attorney

When reality tv stars, basketball players, or Grammy winning artists find themselves in a family law crisis there is a name likely to follow: Randall Kessler. Kessler has represented Nene Leakes of The Real Housewives of Atlanta, Braylon Edwards of the New York Jets, and Christina Milian. He’s opposed Evander Holyfield, Michael Jordan, T.I., Ludacris, Dr. Dream, and Usher, just to name a few. When he’s not in the office interviewing one of his clients, he is likely being interviewed himself. Kessler is a frequent guest on CNN, NBC, and the Today Show. During Kessler’s latest visit to Chicago, he met
Continue Reading Sarantakis Interviews Celebrity Divorce Attorney Randall Kessler

Technology has changed the divorce landscape. Many dissolution actions are fraught with deceit, lies, and indiscretions, therefore it should be no surprise that untrusting partners that have been victim to these ills have found their own means of uncovering the truth.  There is a trail of information that follows each of us wherever we go and that is not going to change. The average person today can become the sophisticated espionage artist of a decade past.  

Emotions tend to run very high in cases where someone is potentially losing their lover, children, and property. It is common to blame
Continue Reading Spousal Subterfuge: How Spyware is Impacting Family Law

If you are facing a revocation or suspension of your driving privileges, or simply defending a minor driving offense, it is important that you obtain a copy of your Illinois driving abstract from the Secretary of State’s Office. The abstract provides a condensed record of your driving history.

You can do this by either visiting your nearest Secretary of State facility and paying a $12.00 fee to obtain a copy immediately or by mailing a copy of the following form, with the $12.00 fee to the following address: Secretary of State, Driver Analysis Section, 2701 S. Dirksen Parkway, Springfield, Illinois 62723. If you
Continue Reading Understanding Your Illinois Driving Abstract

Approximately 68% of U.S. households own a pet.[1] It has become increasingly common for pet parents to share a meal, trip, and even a bed with their furry children. While pets are being treated more like kids and less like a tangible good, family law statutes throughout the United States fail to treat a dog or a cat any different than a lamp when it comes to divorce. Courts have remained detached from hearing, ruling, or enforcing pet custody and/or visitation arrangements.  The household pet is simply another asset to be allocated.

Legally speaking pets in a divorce proceeding have
Continue Reading Alaska: The New Frontier in Pet Custody

Six out of every ten U.S. households own a pet. Almost five out of ten of married couples file for divorce. Consequently, it should be no surprise that a significant percentage of our population faces legal difficulties as to who will keep the family’s furry child when spouses move in to separate residences.

The Traditional View
In Illinois, Courts have historically taken the approach assumed by a majority of jurisdictions throughout the nation, which is to view pets as personal property. Essentially, a dog or a cat was viewed no differently than a television set in the eyes of the
Continue Reading Pet Custody in Illinois: Who Will Get Fido in the Divorce?

When allocating spouses’ property under 750 ILCS 5/503 of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”), Courts are to assess whether a spouse engaged in the dissipation of marital assets. While marital misconduct, such as adultery or mental cruelty, are not a basis to affect the allocation of marital property, dissipation is relevant and the spouse engaging in the dissipation could receive a lesser share of the marital estate.

Defining Dissipation
Dissipation occurs when one spouse uses marital property, for a use unrelated to the marriage, during a time in which the marriage is irretrievably broken.[1]
When analyzing
Continue Reading Dissipation: Cheating, Gambling & Jet Setting – Oh My!