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Showing posts from June, 2018

Seeking Temporary Relief in Divorce Court Proceedings

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Once a divorce begins seeking  temporary relief  in divorce court proceedings is very common. Emotions are usually running high when the divorce proceedings are initiated after a breakdown in a marriage.  It’s not unusual for divorcing couples to find themselves unable to resolve even the smallest issues without needing assistance from the court. For that reason, pursuant to Section 501 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501), Illinois law enables judges to enter what we refer to as “temporary orders”. Temporary Relief Meaning and Status Quo Ante Status Quo Ante   is a Latin phrase meaning “the  previously existing state.” When parties are having trouble getting along and cannot come to an agreement on their own, there’s a need for temporary relief. To do this, judges usually want to restore the parties to the same position they were in before the breakdown of the marriage. So what does that mean for you? Think about ...

Jessica Marshall – ISBA’s Young Lawyer of the Year

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  Jessica Marshall Named Illinois State Bar’s Young Lawyer of the Year Anderson & Boback is proud to announce Jessica Marshall was recently named  by the Illinois State Bar Association (ISBA) as the 2017-2018  Young Lawyer of the Year  in Cook County. With this prestigious award, the ISBA honors the  extraordinary commitment and dedication of a young lawyer who has provided outstanding service to the Illinois population.   Each year only two outstanding lawyers are chosen for this award – one from Cook County and the other from any of the other Illinois counties. Jessica will be honored at the July 18, 2018 ISBA Awards Ceremony and Reception on July 18, 2018 at the Roanoke Restaurant in Chicago. We’re Congratulations to Jessica on her incredible accomplishment! Jessica is a Senior Associate at Anderson & Boback where she focuses her practice on divorce and family law.   From child custody to military divorce, Jessica is a pass...

Recent Illinois Child Relocation Cases Set a Trend

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    Illinois Child Relocation and the Trend Against Relocating Out-of-State A recent  Illinois child relocation case  out of the Third District Appellate Court sets a trend for not allowing a parent to relocate to another state from Illinois. If you are considering a Petition to Relocate (or want to contest it), a reading of the following four cases is a  must .  While it is important to note that each of these cases is factually different, each one provides useful guidance.  Even in the reading of the following cases, however, you’ll see that the different district courts in Illinois will still come up with different results, making the outcome of  child relocation cases  uncertain.   Four Illinois Relocation Cases You Need to Know This article will review the four most recent cases,  In re the Parentage of P.D .,  In re Marriage of Stimson ,  In re Marriage of Davchak , and the most recent case,  In ...

Dividing Retirement Accounts in Divorce

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Dividing retirement accounts in divorce is often confusing and complex for many many couples going through a divorce in Illinois. Dividing retirement accounts - 401(k)s, pension plans, IRAs, etc. - like  any other assets to be divided in an Illinois divorce follow the rules of equitable division of marital property. The General Rules of Property Division As mentioned in prior blog posts, Illinois is not a “community property state”;  it is an “equitable distribution” state. In a “community property” state there is a presumption that all marital property will be divided equally.  In Illinois, we provide an “equitable division” of said marital property, based upon certain factors and criteria. Equitable is not always equal.  Generally, in Illinois marital property can be divided disproportionately in  when there is a lengthy marriage, a disproportionate future earning capacity, when the parties have significant age difference, as well as when many other...

Restricting Parental Responsibility in Illinois

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Frequently clients have questions about restricting parental responsibilities in Illinois . Usually they say something like,  “I have concerns with my children’s safety when they’re with my ex; can I restrict his (or her) parenting time?” So and what happens when a child’s parent is failing at being a responsible parent?   If there are reasonable concerns about a child’s safety during parenting time with the other parent, seeking input from the court becomes necessary. Parenting Time and the Child’s Best Interest In Illinois, courts are interested in what is in a child’s best interests . Courts decide issues of parenting time and decision-making responsibilities by determining what is in the child’s best interest. Courts encourage families to maintain strong relationships. There is a presumption that both the mother and father are fit to parent their child. Therefore, courts should not place any restrictions on a parent’s parenting time unless evidence proves that d...