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Showing posts from November, 2018

Spanking And Corporal Punishment – Harmful To Children

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Nothing creates more tension in a family law case in our office, than a case with children and a spanking adult.  Or in some cultures, a “whooping.” Our judges hate it and typically at least one of the parents hate it. Then there is the parent who thinks a firm smack on the back side is appropriate.  What is the right way to handle family disciplining their children? I rarely see people who are ambivalent about the subject; you are either a proponent of spanking or dead against it.  I, for one, am in the camp of you shouldn’t do it. There is a lot of research on the subject of spanking, but I know my kids mirror my behavior.  Good and bad. The first time you hear your five year old swear or say something bad that you recognize came out of your own mouth at some point, you know what I mean. So what exactly is spanking or swatting the child teaching them? In my opinion, it is telling the child that I have failed in my ability to “use my words” any longer and...

Divorce and Bankruptcy: How It Works

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Bankruptcy and divorce: two areas of law most people hope to avoid in their lifetime As a lawyer who has practiced in both areas of law, I want to unpack the stigma and help people who find themselves in the situation of dealing with bankruptcy and divorce at the same time. Divorce and bankruptcy can come up at the same time for many reasons. Financial hardship is one of the leading contributors to divorce . Conversely, many times a divorce can lead someone to file bankruptcy.   How Do Bankruptcy and Divorce Intersect?  To fully understand how bankruptcy and divorce intersect, you must first understand both.  Most people understand the concept of divorce. When a couple wants to end their marriage, they seek a divorce. Financial Issues and Divorce But many financial issues come up when a couple ends a marriage. Not only are there spousal maintenance and child support issues, but a couple must also divide their marital assets and debts. Larger items, such...

Phi Alpha Delta Law Fraternity in the Chicago Legal Community

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Phi Alpha Delta Law Fraternity was founded on November 8, 1902 , and is the largest co-ed professional law fraternity in the United States. Its members include undergraduate students, law school students, lawyers, judges, legal educators, government officials and many more. There are many active alumni and student chapters across the nation and even overseas. Today the organization is proud to announce it has over 300,000 active members! Love of Humanity and Justice for All Phi Alpha Delta’s (abbreviated ΦΑΔ or "PAD") means Philos Adelphos Dikaios or “Love of Humanity and Justice for All". The fraternity constantly strives to carry out its mission of promoting professional, competency and achievement within the legal profession. Today, PAD is the world's largest law fraternity with 206 law school chapters, 99 alumni chapters and 316 Pre-Law chapters in the United States (including Puerto Rico), Canada and Mexico. Its colors are purple and gold, and biannua...

Warning: The Wording in Your Prenuptial Agreement is Critical

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Getting people to execute a prenuptial agreement is difficult. Then when a prenuptial agreement is executed, if the wording of the agreement isn’t clear, the person trying to avoid paying can still be stuck paying the ex-spouse. That is unfortunate and avoidable. One such example of a spouse having to pay when he shouldn’t have had to was a recent case that was decided in the Woodrum case by the Appellate Court in McDonough County, Illinois. In re Marriage of Woodrum - Prenuptial Fail Greg and Jennifer planned to marry and executed a prenuptial agreement. The parties agreed that neither would have to pay the other maintenance should they divorce. Eight years later, Greg filed for divorce and the trial court granted Jennifer’s request for temporary maintenance. When parties agree that no maintenance would be paid, and the Court rules that they now have to pay, one cannot help wondering what went wrong. What was the purpose of hiring the attorneys to draft the prenuptial agre...

How To Get An Expert Witness To Testify In A Family Law Case

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As a Chicago Family Law attorney , it is not unusual to have divorce and child custody clients ask me if they can use an expert witness in their case.  The answer to this question is not a simple “yes” or “no” since an expert witness must meet a number of requirements.    Requirements for an Expert Witness in Your Case In order to serve as an expert witness in any capacity (whether a family law case or not) the individual that you are considering calling as an expert must be able to demonstrate significant experience in a field of study recognized as legitimate.  For example, the field of child development may be an area that would fit into the category of a legitimate field of study if you wanted to call a child development “expert” witness in your divorce case involving the best interest of your child .   Demonstrating Competence and Expertise in the Subject Matter Area The attorney offering the expert must demonstrate to the presiding judge at trial ...

Women’s Bar Association of Illinois – Chicago Strong!

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The Women’s Bar Association of Illinois (“WBAI”) is exceptionally strong in Chicago’s legal community and diverse. It is full of influential female leaders whose mission is to better the legal profession and their communities. It is a commonly misconstrued perception that you must be a licensed attorney to join the Women’s Bar Association. In fact, its members consist of not only attorneys, judges, but law students, and professionals from other legal fields. The Association’s adheres strongly its mission and ideals: to strive to promote and foster, advance and protect the interests and welfare of women lawyers; to encourage a spirit of friendship and mutual helpfulness among its members; to aid in the enactment of legislation for the common good, and in the administration of justice; and to promote and protect the interests and rights of women. Chicago Events with the Women’s Bar Association WBAI has many successful events all year long. Many events are focused on network...

How Spousal Maintenance and Division of Marital Assets Intersect

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When a couple goes through a divorce, there are many issues that could arise. Two of the largest issues in a divorce are spousal support or maintenance (formerly alimony) and the division of marital assets . Spousal Support, Maintenance and Alimony in Illinois Maintenance or alimony as it is commonly called is the payment of a sum of money on a regular basis. Maintenance can be permanent or temporary in nature. Maintenance is governed by Section 504 of the IMDMA. Pursuant to the statutes, the court looks at 14 factors to determine whether a spousal maintenance award is appropriate. Some of these factors include, but are not limited to: The income and property of each party; The needs of each party; The realistic present and future earning capacity of each party; The standard of living established during the marriage; The duration of the marriage; All sources of public and private income; The contributions and services of the parties seeking maintenance to the ability of...

Cryptocurrency in Divorce Proceedings

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  Is Cryptocurrency the New Swiss Bank Account? Imagine you have a coin that is worth thousands of U.S. Dollars. Except unlike the traditional coin that you can hold in your hand, this coin only exists digitally. This is the concept behind Bitcoin, the first and most well-established class of cryptocurrency. Cryptocurrency is a new class of asset that is becoming increasingly popular, not only in the United States but across the world. Cryptocurrency defies the traditional notions of “currency”, in the sense that there is no central issuing authority or governmental regulatory body. Exchanges and transfers of cryptocurrency are encrypted so that each exchange or transfer is anonymous, the data is decentralized, and no third party can control the currency. Bitcoin constitutes forty percent of the cryptocurrency market and is the most well-known form of cryptocurrency. Its “high risk, high return” and unregulated nature have made bitcoin very popular for investors, traders, ...