Anderson & Boback Family Law Attorneys

Some people are often surprised that despite the fact that their spouse has filed a petition for dissolution in court and are in the process of full-blown litigation, they are still required to participate in divorce mediation in an effort to come to an agreement. It seems almost counterintuitive to require mediation when the parties are likely in court because there was no agreement. Divorce Mediation Helps Parties Reach Agreements However, the more conflicted and litigious you and your spouse are, the less likely the courts are going to entertain the minutia of your life. The large caseload judges have on a daily basis forces them to send out divorce cases to mediation as much as possible. Most courts in the Illinois domestic relations division require all parties with children to attend mediation on all of the issues regarding parenting time and the allocation of major decision-making on behalf of the minor children . The rationale for using mediation is that the parents are in a b...

There are a number of common issues that arise in guardianship cases. From the termination of the guardianship by a parent who wants to resume responsibility for a child, but the guardian is not in agreement with relinquishing the guardianship to more than one party seeking to be a child's guardian , read on to see how Illinois family courts have addressed these issues. 1. Guardianship Cases When a Party Seeks Termination of a Guardianship Because guardianships are not permanent and can be dissolved, parents often operate under the incorrect presumption that once they say they want the guardianship to end it will be dissolved. Instead, what often happens is that the judge will require the parent who wants to resume care and control of the child to show that they are able to resume that responsibility and that returning the child to the parent is in the child’s best interests. Appointment of a Guardian Ad Litem The judge or an appointed Guardian ad Litem (an attorney who represents...

Divorce attorney's fees can be expensive and is one of the most popular topics for questions we receive from new clients in our Chicago family law practice.  Namely, Will I be able to afford to pay for a divorce?  Can my spouse pay my bill for attorney's fees? There are Various Avenues in which Divorce Attorney's Fees Can Be Paid The Illinois statutes (IMDMA-Illinois Marriage and Dissolution of Marriage Act) cover different areas in which fees can be granted.  There are interim attorney’s fees under IMDMA  § 501(c-1)  in a pre-judgment dissolution action, and under § 508(a), a person can seek fees if they cannot afford it but the other side can. There are also fees available under § 508(b), which is essentially a statute used in contempt actions or to penalize a party for unnecessary delays.  C ontribution to fees from the opposing party may be awarded in accordance with section 503(j) as well. Section 503(j), in turn, provides that an award of fees in r...

With the recent development of the  COVID-19 vaccinations and distribution underway, we are anticipating some questions and co-parenting issues relating to this vaccine. As Chicago family law and divorce attorneys, we  are making sure we can address any co-parenting disagreements that come up when we are faced with parents who disagree about vaccinating their children.  This type of disagreement is not new, there are parents who have different views on childhood vaccinations , but COVID-19 had added an extra layer.  Even if you are or have been against vaccinating your children, are you going to allow the COVID-19 vaccine?   Are COVID-19 Vaccinations a "Substantial Change in Circumstances"? In the event you have an Allocation or Custody Judgment that provides that one parent makes the medical decisions, and that parent has chosen not to vaccinate the children, COVID-19 raises the issue of a substantial change in circumstances where you may want to ask the...

Unhappily married people with children will often contemplate if there is a "correct" age their children should be when they decide to get divorced.  A lot of parents will wait until their child is older , or even grown, prior to obtaining a divorce because they feel that it will be easier. While divorcing with adult children does get rid of the component of potentially co-parenting with an ex-spouse, it is no easier for the children.  When parents go through a divorce, it is hard for all children, even adult children. Regardless of age, having to navigate family events and milestones, holidays and celebrations with parents who are no longer married can be painful and difficult.  This is particularly true when the divorce was less than amicable.  Waiting Until Your Child is Older - or  the 'Right' Age There is no 'right' age for parents to divorce when they have children, but there are specific things to consider depending upon the ages of your children. Divor...

The parties signed an agreement that the husband would pay non-modifiable maintenance but then he quit his job.  Husband sought to modify the maintenance agreement then, stating that the agreement was required to expressly include the terms “amount, duration, or both” were non-modifiable, and since it did not, he was allowed to modify.  The appellate court found that the argument had no support in the statute. Non-Modifiable Maintenance Case Background The parties entered into a marital settlement agreement in which Husband agreed to pay his wife maintenance in the sum of $5,000.00 per month for four years.  Neither the marital settlement agreement nor the judgment for dissolution of marriage set forth any facts as to the amount of either party’s income at the time. They expressly agreed that the maintenance payments “shall be non-modifiable pursuant to Section 502(f) of the Illinois Marriage and Dissolution of Marriage Act.” When the husband stopped paying, the wife fil...

When Guardianship May Be Necessary for a Child Guardianship for a child generally becomes necessary when the child’s parents are no longer able to care for their child on a long-term basis. When a child no longer has a parent who can make decisions for them, an adult needs to be appointed as the caregiver and decision-maker for that child to ensure that the child is cared for in the absence of their parents. Without the authorization granted by a guardianship, caregivers can often find they are unable to access medical care, enroll the child in school, or make other critical decisions for that child. There are also times when the parent cannot be physically present to the care for the child, and may not be an appropriate caregiver, as when a parent is incarcerated.  The purpose of guardianship is to ensure that the child has an appropriate and willing caregiver in the absence of their parents. Unlike adoption , guardianships are not permanent. They do not dissolve the parents’ par...

Thinking of representing yourself in a Chicago divorce or custody case? Divorce and Custody (or Parentage cases) are some of the areas of law where people often feel that they can adequately represent themselves and that they may not need an attorney.  Family Courts will provide “do it yourself” or “uncontested” divorce packets which make it seem simple.  You just complete the paperwork, submit it, go to Court and then you will be divorced! Simple enough, right? In reality, however, it is not so simple.  There are many pitfalls when you try to “go at it alone” in a Chicago divorce or custody case. Being aware of those pitfalls may convince you that retaining an attorney is necessary. Knowledge is key to making the decision that is best for you. Here are some reasons why hiring a divorce attorney is essential to your case: 1. You will be held to the same standard of knowledge as an Attorney. Litigants who choose to represent themselves "Pro Se" are expected to know all of...

Is it time to file a contempt petition in Illinois family court?  When you have an Illinois Court Order that is incorporated into a Judgment for Dissolution of Marriage it details the provisions that are required for each party to follow. But if a party fails to follow through with the terms of a Parenting Agreement, Allocation Judgment or Marital Settlement Agreement, the Illinois Marriage and Dissolution of Marriage Act provides a process for bringing that party back to court to enforce what the judgment requires them to do, or in some cases, not do. Parenting Agreement/Allocation Judgments and Marital Settlement Agreements are extremely detailed documents, which makes it easy for someone to inadvertently violate the order, at some point in time. Inadvertent violations are typically easily resolved without court intervention because once the violation is pointed out by one party to the other, it is quickly resolved. When a Judgment or Marital Settlement Agreement is violated ...

If the other parent will not vaccinate,  will the courts stop parenting time? We have been waiting for the vaccine to the coronavirus for a long time.  Now, today the first COVID-19 vaccination administered in the U.S., we know it will soon be distributed.  Most people are waiting anxiously for this vaccine, but there are individuals that do not want to be vaccinated.  For parents that are divorced or no longer together, the question of vaccination can become a point of contention. If you get your vaccination, and the other parent will not will the court allow parenting time with your child to continue?  If the other parent is employed, won’t they have to get the vaccination to keep their job? Personally, I do not know any judge that allows for a child to go unvaccinated.  Parents have tried to convince the courts that they have religious freedom not to vaccinate, and I have seen judges remove custody from that parent.  The court is concerned with th...