Anderson & Boback Family Law Attorneys

Everyone wants a speedy divorce.  Believe it or not, divorce lawyers want your case to move along smoothly as well.  No one enjoys the delay and it is particularly stressful for the attorney in your case when things are delayed and the client is not happy.  Is there anything you can do to speed up a Chicago divorce ? A Divorce Attorney's Tips to Speed Up Your Divorce Fighting Prolongs the Divorce Process I will never forget the client who wanted me to argue that the George Forman grill was given to her as a present and it should be awarded to her in the divorce, and not to him.  I had to pause for a minute and remind my client how much an hour she was paying me.  Sometimes it is not really the possession, but the thought of the other party getting it.  Some would rather give it away than let their spouse receive it.  You need to let go of those thoughts and feelings if you want to end the case quickly. In almost every family law case , there...

The right for one parent to care for the children when the other parent is unavailable during their parenting time to care for the children has developed over time into an actual section of the Illinois Law which provides that, “if a party intends to leave the minor child with a substitute child-care provider for a significant period of time.  That party must first offer the other party an opportunity to personally care for their minor child”  Oftentimes parents would incorporate this provision into their Joint Parenting Agreements and agree amongst themselves what that time period would be that would invoke the right of first refusal . How the Right of First Refusal Works As an example, parents could agree that the right of first refusal would be invoked if one of the parents were gone overnight.  They could agree to a period of time.  I have worked with parties who agree that the time period could be as long as 12 hours or as short as 4 hours.  When the ...

Parenting is hard work.  There is so much to do-always-and it is not any easier now that parents are expected to home school their children.  The stress of the added responsibility can be daunting for some, and it does not help when you are parenting with a narcissistic parent .  What exactly is a narcissistic parent? What is a Narcissistic Parent? According to the Mayo Clinic, a person with a Narcissistic Personality Disorder , is a mental condition in which people have an inflated sense of their own importance, a deep need for excessive attention and admiration, troubled relationships, and a lack of empathy for others. But behind this mask of extreme confidence lies a fragile self-esteem that is vulnerable to the slightest criticism.  That is the hard part when dealing with narcissism.  You could learn to live with the parent’s inflated sense of self-worth, but the smallest criticism shuts down all communication.  And while you might not care so mu...

One of the divorce topics we have been asked about recently involves the Illinois requirements for living separate and apart . With Shelter in Place moving into new phases, many individuals are finding that they do not want to remain married to their same spouse during the second wave of pandemic shutdowns.  However, there is a lot of information out there regarding separation requirements for getting divorced in Chicago , all of which should be clarified. Illinois used to have a two year mandatory separation period for alleging irreconcilable differences as the basis for divorcing.  However, if you alleged grounds, such as mental cruelty or adultery, you could shorten the mandatory separation to six (6) months.  This was changed recently in Illinois law.  Now, the law states that if you have lived separate and apart for six (6) months or longer, there is a rebuttable presumption that irreconcilable differences have occurred, so as to allow you to proceed wit...

As a Chicago family law attorney, I am often asked what it takes to get an Illinois Order of Protection. If you need protection from abuse or harassment from someone you have a relationship with then you could qualify for an Order of Protection.  However, if you need protection from abuse or harassment from someone that you do not have a relationship with, then you would not qualify for an Order of Protection but would need to proceed with what is called a Civil No Contact Order. Qualifying for an Illinois Order of Protection Under the Illinois Domestic Violence Act , you have to fall into the category of “family or household member” which include the following individuals: a spouse a former spouse, a parent, a child or step-child person related by blood person relate by a present or prior marriage, person who shares or formerly shared a home, persons who have a child in common, person who shares a blood relationship through a child, person who has or had a datin...

When it comes to parents involved in child custody cases , everyone wants the most time with the children.  In an effort to have the most time, however, some people make big mistakes, ones that hurt their child custody case.  Here are a few of the top mistakes I see and my tips to make your custody case go more smoothly and help you gain more parenting time. Mistake #1 - WORKING MORE, PARENTING LESS I know, it is easy for me to say, I’m not paying your mortgage.  But people who can put in more time with their child will be awarded more time in the event you end up in a custody dispute.  In order to have the most parenting time allocated to you, you have to be the person that spends the most time with the children.  That doesn’t mean taking them to the park necessarily, but doing what needs to be done. Fathers are always asking me how to gain more time with their children , and I first want to know how much time they are spending working and how much t...

When it comes to filing for divorce, sometimes I see a rush to the courthouse.  The client insists on getting things ready to file first .  Should there be a rush to the courthouse when filing a Chicago divorce ?  If you both reside in the same general area, the answer is no.  There is not any real significance to who filed first when you are both would file the case in the same court. Who Files First Matters When Spouses Live in Different States If you and your spouse are living in different states – then a rush to the courthouse is critical.  You can file for divorce in any state where you meet the residency requirements.  So if you live in Illinois and your spouse lives in California, you should file first so your spouse has to come to Illinois to participate in the case.  If your spouse files first in California, then you are going to have to go to California to participate in the case.  Talk to Divorce Lawyers in Each State About You...

You should have a lawyer – even if you agree on everything.  You want to make sure that your divorce is done properly and completely so you don’t have any surprises or unexpected issues come up at a later date if something was forgotten or left undone.  Often, I am asked, can we use the same lawyer – and the answer to that question is, No.  Even though you agree on everything, it is still an adversarial situation and one lawyer cannot advise both of you about the terms and consequences of the agreement.  Each party should have their own attorney to provide independent advice about the terms of your agreement. It is great if you and your spouse are able to agree on the terms of your divorce, but when you review your agreement with your lawyer, your lawyer will make sure that you have not forgotten anything that should be addressed in your agreement. When spouses reach a divorce agreement without the guidance of divorce attorneys, these are the things I have see...

The “ waiting period ” and other jurisdictional issues can be very confusing when a couple is contemplating filing for a divorce.  When it comes to a waiting period for filing for divorce in Chicago, there are generally two separate questions or issues that arise in these discussions. Waiting Period Question 1: Do I have to wait to file for a divorce in Illinois after I move there from another state? That depends.  The relevant statute requires that a party reside in the state of Illinois for ninety (90) days prior to filing for a divorce.  So, you technically should reside in the state of Illinois for at least ninety (90) days prior to filing for a divorce, and you should maintain that residence for 90 days prior to the divorce being entered.  The Judge’s prove-up form in Cook County even has a check box to check off on it asking whether the person resided in Illinois for 90 days prior to filing and if they have resided in Illinois for 90 days as of the...

You want to divorce your financially abusive spouse.   So, w hat exactly does that mean?   Some people do not realize that they are victims because they have always let their spouses handle the money.   Your spouse controls everything, from how much you are allowed to spend on groceries, to how much money is spent on the house.   Your spouse convinces you that “he is only trying to help,” or “she was saving for our future.” A financially abusive spouse is one that controls you with your money.   It is a person who hides assets or financial accounts, all with the primary goal of keeping what rightfully belongs to you. Common Questions About a Financially Abusive Spouse   HOW CAN I GET MONEY TO DIVORCE MY SPOUSE IF I’M ONLY GIVEN A SMALL ALLOWANCE? Under Illinois law, each person is to receive the same amount of money in a divorce case.   If your spouse has $5,000 to retain his lawyer, then you are also entitled to $5,000 for your lawyer. ...