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Recent Blog Posts
New Laws Eliminate “Custody” from Parenting Plan Negotiation
On January 1, 2016, new laws regarding divorce and child custody went into effect in Illinois. At first glance, these new laws appear to have significantly changed child custody in the state. In fact, the very concept of “custody” has been replaced by the concept of “allocating parental responsibility” under the new legislature.
Child Custody and Parenting Plan In application, however, the law is still essentially the same. What the legislature has done is to update the statute to shift focus to what is in the best interests of the children. In the past, custody of parties’ children was considered something to be “won” or “lost”, therefore encouraging parties to argue over it. In the end, however, the vast majority of parents settle on a parenting agreement that provides for both parents having parenting time with their children, and both parents taking responsibility for certain day-to-day decisions and activities.
Is Your Naperville or Plainfield Spouse on the Hacked Ashley Madison List?
If you hadn’t heard of the adultery website called Ashley Madison (ashleymadison.com) before last Tuesday, chances are you’ve heard about it now. The recent news about the breach of the private data collected by this website, whose tagline is “Life is short. Have an affair.”, has caught the attention of the news media, many potentially guilty spouses, and divorce attorneys everywhere.
Reportedly, personal details of Ashley Madison members were hacked last month by a group known as The Impact Team, and the group threatened to make this information public. Though initially there was skepticism by investigators about the validity of the breach and threats, earlier this week the group made true on their threat to “dump” the stolen information early this week onto the Dark Web, an area of the Web only accessible by a covert browser.
While preliminary investigation shows that users of the site are located all over the world, Chicago came in 8th in the top ten U.S. “cities with the most cheaters” according to a recent posting on CBS News’ website. Locally, the Chicago suburbs of Plainfield and Naperville were ranked number two and number 18 in a July 21st article posted to the Plainfield Patch website.
Have You Found the Right Divorce Attorney? Ask the Right Questions.
A divorce is an emotional and trying life change, but finding the right attorney is an important first step in the process. A divorce attorney who has experience and expertise fitting your unique situation may expedite the divorce process, and make the transition from marriage to single life more manageable.
Asking the right questions during your first phone conversation or meeting with a prospective lawyer is key in determining whether you will be able to establish a successful attorney-client relationship.
Experience is Critical
Don’t assume that every attorney you contact has the experience that is necessary to handle your case. How long an attorney has been in practice, and more importantly, how many cases they have handled is perhaps the most obvious first question. Each new case presents a unique set of obstacles and situations, requires additional research and adds to an attorney’s knowledge of divorce law. You will want to find an attorney who has been in practice for some time, and who has handled an extensive number of cases.
Telling Children About Divorce
When parents reach the difficult decision to divorce, they are faced with the emotional task of deciding on the best time and way of explaining the decision to their children. It is necessary to be open and honest with children, keeping in mind their ages and developmental levels. In all cases, children need to be reassured that they are not to blame for the divorce, will continue to maintain relationships with each of their parents, and, above all, they are loved.
Carefully Consider Timing
When a marriage breaks down, children may already have a sense that something is not right in their family. They have the right to know the situation as soon as practical, as it will result in changes in their lives that will require time for adjustment. However, the conversation should be carefully timed.
Delaying the conversation until some final decisions have been made regarding changes in living situations and parenting time will help parents deliver a clear message and answer questions. Also, it is in the children’s best interest for both parents to put their differences aside and choose a time to present the news together in a unified and supportive way.
Unmarried Fathers: Protecting their Rights in Illinois
When a child is born to an unmarried father, it is extremely important that he take the necessary steps to protect his rights. It is presumed in Illinois that the husband is the legal father of the child born to a married woman. However, automatic legal rights are not given to the biological father when a child is born to an unmarried woman, even if the relationship between the mother and father has been long-term. Only by legally establishing paternity may a biological father seek custody or visitation rights.
Legal Paternity Must be Established
Establishing paternity should be done as soon as possible after the birth of the child. Under Illinois law, there are three ways in which an unmarried father can establish legal paternity.
If unmarried parties are in agreement on paternity of the child, both parents may sign a Voluntary Acknowledgement of Paternity. This is a legal document that may be provided to the parents for signature when the child is born. This form is also available online or from the Department of Human Services, Child Support Services, or from the County Clerk’s office. The Voluntary Acknowledgement of Paternity is the simplest method of establishing paternity that is recognized in Illinois. However, it requires both parties’ agreement.
Post-Divorce Insurance Considerations
A divorce brings significant changes, and it takes time for individuals to reorganize their affairs. Insurance coverage will commonly change when a divorce takes place, and potential issues and increased financial obligation should be recognized and prepared for in advance.
Medical Insurance
In most cases, insurance coverage for children will not be interrupted as they will be eligible to continue coverage under either parent’s employer’s health insurance policy. The parent providing insurance coverage for the children is not required to be the custodial parent. In any case, as part of the divorce settlement, insurance coverage for the children should be clearly defined.
On the other hand, new divorcees typically must seek new coverage once a divorce is finalized. Those who had insurance provided by their spouse’s employer, and who do not have access to their own employer’s insurance plan, must replace that coverage. Though generally a more expensive option, COBRA is available to an employee’s ex-spouse for up to 36 months following a divorce. For many individuals, private insurance is the preferred, more cost-effective option.
Attorneys Advise Parties to Beware of Quick Divorce Gimmick
Most adults are familiar with the old adage “if it seems too good to be true, it probably is”, and they have likely gained enough life experience to conclude it is reliable in most circumstances. Through trial and error, we learn how to recognize a non-reputable claim, and to make informed decisions.
Too Good to be True
The guarantee of a ‘weekend divorce’ – a flat-fee, quick-divorce completed in a weekend – should immediately bring this saying to mind. Nothing more than an irresponsible gimmick preying upon vulnerable couples seeking a fast, cheap way to end their marriage, and a ‘weekend divorce’ is definitely too good to be true.
One has to assume that these claims are made by attorneys whose offices are not attracting new clients based on their own integrity, reputable advertising or past client referrals. Instead, desperate attorneys have put aside the best interest of the client, and made unrealistic promises in an effort to increase business.
How Long Does It Take to Complete a Divorce in Dupage County?
That’s another very common question we get asked a lot, and it’s another one that can vary greatly from case to case. There are a lot of factors involved in the length of your case, but the primary factor relates to the level of agreement between the parties. If the parties are largely in agreement on most issues, then the case can be over quite quickly. In a situation where the parties have come to complete agreement, and they just need a lawyer to memorialize this in a settlement agreement and make sure the parties have addressed all issues required by statute, the case can be completed expediently, often times in 60-90 days.
On the flip side, if there are some issues that are outstanding, and that have to be brought before the court, the case can drag out for some time. This is because the court system is designed to be fair, not fast. With court filings everything has deadlines and time periods. Once a motion is filed on an issue, then the other side is given time to file a response, and then a hearing is set. The timeline for a single motion can easily be over a month or longer from initial filing to resolution. If parties find themselves in a position where they do not agree on much of anything, this can cause a divorce to go on for quite some time if numerous issues have to be brought to the judge for resolution.
Using a Guardian Ad Litem in Divorce
When parents are going through a divorce, they understandably place a lot of emphasis on their children and how they will be affected. Even when parents are amicable, decisions involving the children can be difficult and discussions emotionally charged. One of the most important decisions involving the children in a divorce is that of custody, and sometimes due to the sensitive nature of the case, it cannot be left solely to the discretion of the parents.
In a case where there is much contention over custody or parenting time, or other issues with regard to the children, and the custody decision falls on the court, a Guardian Ad Litem (or “GAL”) may be appointed to represent the interests of the children. The GAL is an attorney who will be neutral as far as the parties are concerned, not favoring one parent over the other.
When is a Guardian Ad Litem Necessary?
While some judges may appoint a GAL, the majority do not unless the parents fail to reach an agreement on their own. Often parents in an already tense situation and wanting to protect their role in the lives of their children will over-scrutinize small details. For example, they may too closely compare parenting time each will have with the children, or insist on having excessive input on day-to-day, minor aspects of the child’s life during the other party’s parenting time. This rigidity with regard to the parenting agreement is not in the best interest of the children, complicating recreational activities and school schedules, encouraging lack of structure, and creating an unintentional “ping-ponging” of the children between households. Attempting to over-define the terms of the agreement will delay the process, and a GAL may be assigned.
Understanding Qualified Domestic Relations Orders for Division of Retirement Accounts
When a divorce settlement is final, the legal document known as the Martial Settlement Agreement will detail how a divorced couple’s marital assets will be divided. This includes all substantial property, including retirement plans. In order for the division of a retirement account to take place there may be the need for a legal mechanism, referred to as a Qualified Domestic Relations Order or QDRO (pronounced “quad row”).
What is a QDRO?
Simply put, a QDRO is a court order which recognizes an alternate payee’s ownership of a portion of an employee benefit or pension plan subject to ERISA (Employment Retirement Income Security Act), a federal law dating back to 1974 that provides structure for the types of retirement accounts available to employees.
Preparation of a QDRO is a multi-step process, and it is important that it be prepared properly. When seeking a divorce attorney, include questions about experience completing QDROs, what the office’s process is, and the approximate cost.
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