Anderson & Boback Family Law Attorneys

When going through a divorce it's not uncommon to think "I never want to get married again!" But later, you may fall in love again and be ready to venture into marriage again. If you are planning to remarry , you may want to seek the advice of an experienced divorce attorney to discuss timing, any necessary documentation, and any other questions you may have about building your next marriage on a solid foundation. Common Questions Asked When Planning to Remarry With the hope and excitement that comes from a new marriage - especially after a painful divorce - it is important to be prepared for the worst but anticipate the best. Here are some answers to common questions we hear from potential clients that are seeking to remarry: 1. How long after a divorce should you wait to remarry? Most states no longer have a waiting period before you can get married after a divorce. In Illinois, there is no waiting period. Essentially, you may get re-married the moment your divorce is f...

  While doing an initial consultation with an individual looking to get divorced, I have found it is common to get questions about whether it is possible for a divorcing couple to work together with an attorney to do a collaborative divorce, often in an effort to reduce costs or speed up the process. While considering your options on how to work together to reduce conflict and expenses, it is important to know that you cannot have just one attorney represent both you and your spouse in a divorce: this is an inherent conflict of interest, even if you two truly agree on everything. But for those individuals who prefer to try and work together to resolve the issues in their divorce, rather than negotiate through attorneys, divorce mediation can be a great tool for the parties looking to lower their costs, shorten the process, and keep things (more) civil. Is Divorce Mediation Better Than Divorce Court? Divorce mediation is a process wherein both spouses will meet with a trained media...

  No one likes to pay spousal maintenance (formally called "alimony" or referred to as spousal support). When you are employed and your ex refuses to work , there is a greater reluctance to want to pay maintenance. In Chicago divorces, there is a difference in how judges will treat the situation of a non-working spouse though depending on if your case is “pre-decree” (before the divorce) or “post-decree” (after the divorce). If your case is pre-decree, in the initial hearing for spousal maintenance, the judge will take your spouse as they are right then  -- working or not working. Spousal maintenance will be set based on the income both parties are making right then. First, though, you should understand what the word "maintenance" (or alimony) is to better understand how to argue your case. When Is Maintenance Given to Your Spouse? When one spouse files for divorce and the other spouse lives in a separate household, there is an assessment as to each party’s ability...

  Finding the best child custody lawyer in Chicago may seem like a daunting and intimidating process if you have never been involved in a legal dispute. This is especially true when it comes to a custody case involving your children and fighting for what is best for them. Just something to keep in mind: a few years ago Illinois stopped using the term “custody” and “visitation”. Instead, the Illinois law defines the correct terms now as “parenting time” - the schedule for when the child is with each parent -  and “decision-making responsibilities” which determine who makes decisions for the child/children regarding their education, medical, religion, and extracurricular activities. So when the word "custody" is used, we are actually talking about parenting time and decision-making responsibilities. A child custody case involves complex legal matters and can be very emotional, so it is important to find an effective attorney that can advocate for you and your children. Here ar...

  Parenting disputes, and accusations of being a bad or unfit parent , are extremely common in the world of divorce, juvenile, and family law. Many parents enter the courtroom with a laundry list of accusations of poor parenting against the other parent, often including abuse and/or neglect. However, most allegations are not extreme enough to rise to the level of a finding that a parent is truly unfit to raise their child, as the courts have consistently upheld that parents have a constitutional right to raise their child and considerable leeway in how they raise them. It is important to know how those allegations can impact your child custody case and, in extreme cases, what steps can be taken to prove in court that your ex is a truly unfit parent in order to protect the emotional and physical safety of your child. It is critical to know that an individual’s parental rights cannot be involuntarily terminated, nor can an individual voluntarily relinquish their parental rights, in ...

Unfortunately, there are many negative connotations when it comes to the word “divorce.” Maybe you have personally went through a divorce in the past or maybe you know someone who has. When people think of divorce, it is not uncommon for them to also think of words like fighting, arguing, lawyers, judges, money, time, etc. However, not every marriage ends on bad terms and many people are able to resolve their issues with very little court involvement. An uncontested divorce means that both parties agree to all of the terms of the divorce. For example, they agree on the division of marital property and the division of marital debt. In cases involving minor children, they agree on the allocation of decision-making responsibilities and parenting time. In most cases, this saves time and money. These parties usually sign documents known as Marital Settlement Agreements and Allocation Judgments/Parenting Agreements. It is typical when these parties only appear before a Judge on one court d...

          When a couple is considering a divorce, oftentimes there is a discussion about the house and who will live there during the divorce process .  Whether it is rented or purchased, some people decide that they would like to remain living in the same house during the process of obtaining their divorce - particularly if there are children involved.  So, are there  good reasons to remain living together? In Illinois, You Can Still Qualify for a Divorce Even if You Are Living Together Illinois no longer has “fault” assigned to one of the parties in order to obtain a divorce.  Parties can still be living together in the same house and still be separated from each other. Why Would You Still Live Together? Divorcing couples continue to live together for numerous reasons.  One common reason may be that there just is not enough money for them to set up another household.  If money is tight and you can set the appropriate ground r...