Anderson & Boback Family Law Attorneys

When parents are no longer together, living far away from a child’s other parent can make parenting time schedules extremely complicated.  Between arranging for travel back and forth as well as figuring out logistics, it can be complex to try and come up with an adequate schedule for the children and their other parent.  There are many factors that contribute to the design of long-distance parenting plans , in particular, how far away the parents live from each other.  If it is a few hours by car, that is a different situation than someone who is a plane ride away, halfway across the country, and the schedules are likely to be different depending on how long the transportation will take and the cost.  Another factor depends on how involved the parent living far away from the children is in the children’s lives.  This can be particularly important when the cause of the children living so far away from one parent is due to the other parent seeking to relocate . L...

  Although we tend to put judges on a pedestal, we need to remember that judges are people too. Outside of the vacuum of the Domestic Relations Division, family law judges attend social events, enjoy the outdoors, and participate in occasional club or organization meetings. That is why there are rules in place to ensure that these outside forces and interests do not penetrate your case’s bubble in the interest of fairness and impartiality. Here, we discuss the different ways that you can substitute your judge and the different scenario’s where each rule applies.  When Can I Substitute the Judge in My Divorce When I Do Not Have a Specific Reason for Doing So? Each party in the divorce proceeding is entitled to one substitution of judge without cause as a matter of right so long as they meet the basic requirements. Without cause present, the party’s motion to the court cannot be filed to delay or avoid trial and/or if the judge has already made a substantial ruling in your case...

Smart Home technology is all the rage lately.  Everyone seems to have a digital device, whether it be  Siri on an iPhone, a Google Home, an Alexa, Ring security cameras, doorbell cameras, and more.  While this smart home technology certainly can make our lives easier, the way these devices can impact court proceedings is widely unknown.  In criminal proceedings, subpoenas have been issued to try and obtain the recordings from smart devices to large companies such as Google, or Amazon, but the issues largely are resolved before any of these large companies have to comply.  In Illinois, family law and divorce cases use these devices a bit differently. Obtaining Smart Home Recordings There are two ways to obtain recordings on Smart devices. The first way is through the use of a Subpoena. Subpoenas are largely unsuccessful unless the litigants have the funds to retain an attorney in the state where the company being subpoenaed is registered in order to pursue a sep...

When a doctors divorce, there are unique issues that arise that have to be dealt with such as how to deal with the value of the professional license, the ownership of a business entity operated by the professionally, the valuation of a business, and the student loans associated with obtaining the professional license. For a doctor going through a divorce, these could all be aspects of marital property that have to be carefully considered in the division of the marital estate. 5 Areas of Concern for a Doctor Getting a Divorce There are five key areas of concern for a doctor facing divorce. 1. Medical Practice Valuation Valuing a medical practice is complicated but very important in determining how to divide the marital property equitably.  If the medical practice was starting during the marriage, then it is likely that the marital practice will be considered marital property.  If the medical practice is marital property, then it has to be divided equitably.  Keep in mind t...

  The latest child relocation case -  comes out of Lake County, Illinois, and it denied Nuriana Levites the right to relocate her daughter to California.  In re Marriage of Dmitry Levites v. Nuriana Levites It seemed clear from the evidence before the court that Dmitry was abusive to Nuriana.  Other evidence suggested that Dmitry had even conspired with another man, Marozau, to injure his wife. On May 23, 2017, the trial court entered a mutual no-contact order, which precluded both parties from engaging in harassing conduct, committing physical abuse, interfering with the other’s personal liberty, or stalking each other. The order also set a parenting schedule, with their child’s primary residence with Nuriana and Dmitry having parenting time on two weekday evenings and one overnight on the weekend.  The parents were to do the exchanges of their child at a neighbor’s house. On Memorial Day, May 29, 2017, at about 5:20 a.m., a man named Marozau entered the mar...

When your divorce is set for trial this is where the judge will finalize your divorce case. It is set after several months of discovery and represents the final orders in your divorce. Given the permanent nature of this proceeding, many people are intimidated by the prospect of testifying and having one shot to persuade the judge to rule their way. Most parties will try every avenue to resolve a case prior to setting a trial and having to go through the process of preparing for trial, if anything, due to the financial and emotional tolls a trial can take on the parties.  Trials are expensive, and you are placing your future in the hands of a Judge who does not know you or your family and hoping for the best.  Trials really should not be used unless absolutely necessary to resolve a case.  However, in some scenarios, the case needs to be set for trial in order to move it along.  If you have a party who will not settle, or who does not want to get divorced, setting tr...

One of the hardest things as a divorced/separated parent is knowing or suspecting that your child is being abused while visiting the other parent.  You may know something is going on with your child, but if you cannot prove it, what do you do? You Need Some Kind of Evidence The rules do not allow you to introduce what your child says to you unless there is “corroborating evidence.”  What exactly is that?  If your child says that a person hit her in the eye and the child has a black eye, then the black eye can corroborate the statement.  If there is no corroboration, then the statement does not come into evidence. When there is psychological trauma to your child, you will likely need the assistance of a therapist to get this information before the court.  You still have the hearsay problem, but at least a medical professional is assessing your child.  One problem parents face when they suspect abuse, is to start questioning the child.  If you do this,...

If you have been married for several years and spent your married life as a stay-at-home mom taking care of your family and realize you are facing a divorce, there is no reason to panic.  Your efforts of caring for your home and family will not be ignored by the Court and is not discouraged by the laws in Illinois.  Every case, of course, is fact-specific and the outcome of your case will be dependent on the facts in your specific marriage.   As an example, a stay-at-home mom who has a Ph.D. and previous work history may likely have a different divorce outcome than a stay-at-home mom who has no advanced degree and no job experience.  The length of your marriage is also important, as in the previous example a stay-at-home mom who has been home for the past two years is likely to turn out differently than a stay-at-home mom who has been home for ten years.   5 Tips for a Stay-at-Home Mom Facing Divorce If you find yourself facing divorce as a stay-at-home mo...

In April 2013, petitioner, Julie Ann Julie, filed a petition for an emergency order of protection against respondent, Joseph John Joe III, pursuant to section 214 of the Illinois Domestic Violence Act of 1986 (Act) ( 750 ILCS 60/214 (West 2012) ).  Julie’s petition for an emergency order of protection alleged that Joe : Threatened her when he was mad, Installed an application on her phone to monitor her activity, Would not let her get a job, Controlled her access to money, and In April 2009, hurt her wrist and arm and forced her to have sex with him. She also sought protection for her and Joe’s four young children. The trial court granted her request and entered an emergency order of protection.  Wife's Plenary Order of Protection Granted In October 2013, the trial court conducted a hearing to determine whether to grant a plenary order of protection (order of protection for 2 years). Julie testified that Joe’s business partner, Tom Fazy, was murdered and that Joe confessed ...