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Do I Need a Divorce or Family Law Attorney?

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Are Family Law and Divorce Law the Same? While the terms “family law attorney” and “divorce attorney” are often used synonymously, divorce is now considered to be just one part of the practice of family law. In Cook County, and other court systems, divorce and parentage cases used to be handled by separate judges in separate parts of the building. While once considered to be two discrete areas of law and practice, over time the judiciary recognize that while not exactly the same, these cases were close enough in fact and law that they should be combined into one area of the courthouse under the heading of Domestic Relations. The blending of divorce and parentage cases in many ways created the more general header of “family law attorney” versus “divorce attorney”, as it implied that an attorney working in family law was also knowledgeable about parentage cases, child support cases, grandparent visitations, and other cases outside the boundaries of divorce. For some attorneys, family law...
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Illinois Law Update – Can a Guardian Ad Litem Speak to a Therapist in My Case?

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The Illinois Marriage and Dissolution of Marriage Act in recent years gave the courts in Illinois the authority to order therapy for a minor child, family counseling for one or more of the parties and the child, or parental education for one or more of the parties if it finds that the parents or all parties agree, that the child’s physical health is endangered or that the child’s emotional development is impaired, or that an abuse of allocated parenting time has occurred, or, one or both of the parties violated the judgment with regard to conduct affecting or in the presence of the minor child.  {See 750 ILCS 5/607.6 regarding same}.  However, the same statute previously explicitly indicated that all therapy would be confidential. As of August 13, 2021, Illinois enacted Public Act 102-349, and the statute is now modified.  It no longer has a provision stating that therapy would be strictly confidential.  This kept all information obtained by a Guardian Ad Litem fro...
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How to Prepare for a Divorce Attorney Consultation

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Choosing your divorce attorney is a lot like picking out a new car to buy. You need to know the cost of the car, the different features the car offers you and your family, and really, how you can get the most for your money from the car in the long run. Similarly, these are just a few of the same things to consider when choosing your divorce attorney . You would never just choose a random car you found on Google, or pick a car based solely on someone else’s experience, so why would you do that with your divorce attorney ? There are enough attorneys in Chicago, that if you do your research and prepare for your meetings with potential attorneys you will end up with someone you feel comfortable with and someone that you trust with your case.  6 Tips to Help You Prepare for Your Divorce Attorney Consultation Your initial consultation with a divorce lawyer should provide you with information on how the divorce process works, information about your legal rights going into the case, and y...
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When A Parent "Abducts" Their Own Child

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Can a biological parent abduct his or her own child? Does child abduction only occur when there is a custody dispute or divorce? The answer is “yes” a biological parent can abduct his or her own child and, “no”, a custody dispute or divorce is not a necessary precursor. What is Child Abduction? Child Abduction is the wrongful taking or removing, retaining or concealing a child.  It is the taking away a person by persuasion, by fraud, or by open force or violence. There are two types of child abduction: - parental child abduction and - abduction by a stranger. This article discusses abduction by a parent from another parent who has custody of that child. Understanding Parental Abduction Laws All the states have adopted the Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA), which became effective on January 1, 2004. Besides the UCCJEA, there are other laws that may be involved in international or interstate custody jurisdiction disputes. These include the ...
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My Husband and I Need to Separate But He Won’t Leave the House

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It happens all of the time.  One of the parties in a marriage wants to separate, but the other party will not agree to move out.  Potential clients often ask if there is anything they can do, and it completely depends on the circumstances. Scenario 1: When There is Domestic Violence First and foremost, if you are in a violent situation, you need to come up with a plan to leave the situation in a safe manner.  Sometimes that means filing for an Order of Protection and staying out of the house until your spouse is served by the sheriff.  Often times in an order of protection, the Court will enter an the Order ex-parte (without notice to the other party).  This happens when reasonable notice to the other side would cause further risk of harm to the person seeking the order protecting them.  You can be granted what is called “exclusive possession” of your residence; of your pets; your property can be listed in the order, as well as your children.  Spouses ...
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Key Things to Avoid When Separating from Your Spouse

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It is not uncommon for spouses to have a period of separation before ultimately deciding if they do want to move forward with the divorce process or not. If you are thinking about separating from your spouse , a separation period can offer the couple perspective on their marriage and help them clarify whether they can overcome their issues or if divorce is the right path forward for the family. Whichever way the separation goes, there are some things that you should not do while separated or when separating from your spouse that apply in all situations. Here are just a few of many things to avoid: 1. Do not post on social media about the separation or the reasons behind it. Pretty much everyone, including your grandma, is on social media today. Whether it’s Facebook, Twitter, Instagram, Snapchat, Tik Tok, or some other platform, your family and friends are connected to you and pay attention to what you post. Airing out your problems on social media is never a positive way to deal with...
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Lookout! 10 Tax Considerations in Divorce

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When a new tax season is upon us, we are often asked by our clients what tax considerations come up in divorce. If you have recently divorced or are considering divorce, here are 10 tax issues that arise in divorce 1. Child Support   Child support payments are not tax-deductible by the parent paying child support and are not included in the income of the parent receiving child support. 2. Alimony   For divorce settlement agreements entered after December 31, 2018, alimony payments (spousal maintenance) are not tax-deductible for the spouse paying alimony and are not taxable to the spouse receiving alimony. 3. Taxes on Divorce Settlement    As a general rule, property acquired during the divorce is a non-taxable event for federal income and gift taxes. 4. Tax Filing Status    You look at your marital status on December 31st of the tax year to determine your filing status. If your divorce is not final, you can file a joint return or file separately, but the d...
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