Anderson & Boback Family Law Attorneys

A   prove-up hearing   is used in divorce cases to request approval from the state of the property settlement agreement and any custodial arrangements. A “prove-up” is another word for a final hearing regarding a divorce proceeding. It is usually no more than thirty minutes and conducted in front of a judge in open court. The proceedings are considered uncontested if the parties have reach a settlement concerning all their marital assets/property/etc. Prove-up hearings can be very different depending on the state or county which is why it is extremely helpful to have a local attorney represent you regardless of how contested the divorce is. Having a divorce attorney who is familiar with the local rules can save you a lot of headache and time and ensure your case is handled correctly. This could be crucial in the future if an issue arises. Cook County Prove Up Hearings In Cook County, Illinois, one party must always be present at the prove-up hearing  to ge...

  Illinois provides protection for disabled adults through the well-defined disabled adult guardianship laws . Guardians can be appointed in Illinois when an adult is unable to fully manage their property, handle their finances and when they are unable to care for themselves on a day to day basis. Most of us do not think twice about paying our monthly bills, maintaining our cars, going to the grocery store, etc., but there are many adults who need help with these basic life decisions. Is a Disabled Adult Guardianship Needed for a Friend or Family Member? Are you close with someone you believe may qualify or need of the protection provided by an adult guardianship? If they have special needs, or have disabilities, a legal guardianship may very well be needed. If possible, talk to the person you are concerned about. Get their input and discuss the idea of having the Court appoint a guardian appointed for them by the Court. How Do I Start the Illinois Adult Guardianship P...

50/50 parenting time   is a reality to some judges in Illinois.  They begin their analysis with “let’s give each parent 50/50 time and then review the factors to determine if that should not be the case.”  Although 50/50 parenting time is often requested and often granted, it is inconsistent with the current law’s emphasis on the   best interests of children .   A 50/50 Parenting Time Request Shifts the Focus Away from the Best Interest of the Child Parents requesting equal 50/50 time shifts the focus from the best interest of the children to the parents.They are asking the court to determine what is in the parent’s best interest and not so much focus on what is in the best interest of the children or family.  Our current law very clearly and equitably allocates parenting time while protecting the best interests of children. An equal 50/50 or “one-size-fits-all approach” to parenting time is not always practical but sometimes is the best for our cl...

Before you file for divorce there are a number of considerations to keep in mind. Once you file for divorce in Illinois, there are many changes that occur once parties. It can be difficult to determine whether or not you want to file when you want to file, and how it will impact you and your family. This article is designed to give you an idea of what to expect, and things to consider when determining whether or not to file for divorce in Illinois. What to Expect When You File For Divorce 1. You will spend time away from your children, including during the holidays. This is a tough one. A lot of people will “hold off” on divorcing until their children are grown and out of the house because the thought of not spending time with their children every day and every holiday is unfathomable to them. However, it is important to consider whether or not you are setting a healthy example for them of what a healthy relationship looks like. They know if you are happy or unhap...

Today the number of children of incarcerated parents is staggering. It is estimated that over 5 million children in the U.S. have had parents who are or were incarcerated at some time during their childhood. In Cook County studies have shown that up to 10% of children in the city have parents who are or were incarcerated at some point in their childhood. Having a parent who is in jail or prison can affect a child in many different ways. Lurie Children’s Hospital published an article in July 2018 discussing the health implications of children having parents who are incarcerated. Many studies have been published on the impact an incarcerated parent can have on children’s school performance and a child’s emotional and behavioral health. Protecting a Child’s Rights When a Parent is Incarcerated In this post, we are going to look at how the child’s rights are still protected if they have a parent who is in incarcerated. Several scenarios can play out when a parent of a child is put i...

4 Questions to Think About When Deciding Whether To Go Through With Divorce 1. Is it the right time to get a Divorce? Let’s face it, it’s never a good time to get divorced. Divorce often comes after a couple has “tried everything else” and can be looked at as a last resort. It is definitely the low point of a relationship and no fun to go through. It comes with a lot of emotions and is certainly a stressful time. Divorce usually comes at a point when a couple finally decides it’s time face the inevitable. Often we see clients try to justify holding off or prolonging the litigation because they are not ready to go through the stress. Clients often think it may be better “if I wait until after the holidays” or “if I wait until the children are out of school.” The reality of the matter is that there is no perfect time to go through the divorce process. Divorce should be looked at as an avenue for a brighter future or an opportunity to live out the rest of your life with more freed...

Worried about going through an ugly divorce ? If you are going through the divorce or are thinking about filing for divorce you may be worried about what the outcome will be. Remember that for the most part you are in control of how the divorce process goes. So, if you have not filed for divorce yet, think about the big picture and focus on your main goal. If you are already involved in dissolution process, maybe let this all sink in and re-evaluate your strategy, if need be.   Is the Marriage Over? For whatever reason, you no longer want to be married or your spouse no longer wants to be married. In some cases, the marriage can still be saved. Many people get a therapist when having marital trouble. Some couples even go to marriage therapy together. Sometimes people just need some time apart. Some people divorce and remarry later in life. Every relationship has a unique story. What we are talking about here is when the marriage is OVER. Spouses Do Not Need to Agree to a Di...