As a parent, grandparent, or other individual tasked with caring for children, an accusation of neglect or abuse can be shocking and offensive. If you have been accused of neglecting your child, you may be unsure of how to respond to the situation. You may be full of questions. Will I be investigated by the DCFS? Will I lose custody of my kids? Will I go to jail? This type of uncertainty is normal. The best thing to do in a situation like this is to work with a skilled criminal defense lawyer experienced in defending against accusations of…
Continue Reading I Was Accused of Child Neglect. What Next?

Many spouses are awarded alimony, or spousal maintenance, both during and after an Illinois divorce. Yet while alimony used to be nearly ubiquitous for women, who were generally the spouse responsible for raising children, Illinois law has changed to reflect the fact that women are often at least as active in the workforce as their partners. 
Among other modifications that modernized the law, there is now no guarantee that a wife will get either full custody or spousal maintenance after a divorce. However, if one spouse would be at a significant financial disadvantage after a marriage ends, a…
Continue Reading Do Wives Always Get Alimony After an Illinois Divorce?

 Divorce is known for being expensive and people often put off pursuing divorce for many years because they fear the financial consequences will be too great. Much of the time, the people postponing divorce are women who have given up careers to be homemakers and who, without the assistance of their husbands, worry they cannot pay for an attorney. 
While many of the partners who are reluctant to file for divorce might receive spousal maintenance and money from their marital property after the divorce is finalized, it is impossible to predict how long a divorce will take. Fortunately, there…
Continue Reading Is Temporary Alimony Awarded in Illinois Divorces?

Mediation can be one of the most valuable tools a divorcing couple has. When utilized wisely and efficiently, it can speed up the divorce process and make difficult areas less contentious. Spouses can benefit from mediation, but children perhaps benefit the most from the potential to reduce conflict between their parents during an otherwise difficult period. 
However, mediation is not appropriate for all divorce cases. Certain situations may make mediation unwise, unsafe, or impossible. If you are getting divorced in Illinois and are wondering whether mediation with a trained and experienced divorce mediator might be right for you, read on. …
Continue Reading Three Situations When Divorce Mediation May Not Be Appropriate

Divorce is hard on kids in Illinois. They have little to no control over the situation, very little understanding of why it is happening, and often are left to deal with intense emotional fallout from parents who cannot cooperate. Parents who are unable to agree on issues like parenting time and parental responsibilities can expose their children to protracted arguments in which the children feel pressured to take a side. While children are young and impressionable, parents may feel they have successfully “won” their child’s affection and managed to keep them from the other parent. 
But, eventually, children grow up…
Continue Reading When Can a Child Choose Which Parent She Wants to Live With in Illinois?

Getting the news that you are being investigated by the Illinois Department of Child and Family Services (DCFS) may be one of the most frightening and confusing moments of your life. You may wonder who is responsible for making the report that triggered the investigation and feel angry that your parenting abilities are being called into question. In our last post, we discussed what the DCFS investigation process looks like and whether DCFS has the ability to take a child out of their parent’s home. In this post, we will look at some of the people who are frequently…
Continue Reading Three People Who May Be Involved in an Illinois DCFS Investigation

 Prenuptial and postnuptial agreements can be helpful financial instruments when seeking to protect individual assets and debts in the event of a divorce. However, for these agreements to do either spouse any good, they must be written in a way that ensures they are enforceable. 
Understanding what might make a prenuptial or postnuptial agreement invalid is an important part of constructing a sound legal instrument that protects both spouses from dispute and heartache down the road. In an age where online legal resources are widely available, consulting a qualified Illinois prenuptial agreement attorney is well worth the time…
Continue Reading What Can Invalidate a Prenuptial or Postnuptial Agreement in Illinois? 

Parents getting divorced in Illinois have many different issues to handle as they create a parenting plan for their children. Determining how to allocate important decision-making responsibilities, creating a plan for parenting time, and agreeing about how the children will be moved back and forth are all questions that must be dealt with. 
In addition to these major well-known issues, there is an additional provision called the “right of first refusal” that parents must address in their parenting plan. As with other issues related to the children, parents who work together can create a right of first refusal…
Continue Reading How Can I Include the Right of First Refusal in My Parenting Agreement?

A parent’s relationship with a child is one of the most precious and enduring joys of life. Unfortunately, sometimes the strength of this relationship can be threatened by divorce and the process of splitting a family into two separate households. Parents in Illinois are often understandably worried about what this means for their relationship with their children. As a result, making decisions about child-related issues during divorce can become contentious and difficult. 
About five years ago, the Illinois legislature updated the law regarding children’s issues when parents get divorced. Rather than referring to “custody” or “visitation,” Illinois law now uses…
Continue Reading Is There a Difference Between Parenting Time and Parental Responsibilities? 

Before divorce proceedings begin and a couple starts negotiating their differences, it can be difficult to tell whether a marriage is likely to end with hostility or respect. Spouses frequently surprise each other by the extent to which they are willing to fight over seemingly small issues. Likewise, a couple may also be surprised by how smoothly they can negotiate.
Although divorce is rarely predictable, certain things can let spouses know whether attempting mediation rather than divorce court is likely an effective strategy. Both mediation and divorce trials have pros and cons, and spouses getting divorced would be wise to…
Continue Reading Should I Pursue Mediation or Divorce Litigation in Illinois?