Anderson & Boback Family Law Attorneys

It happens all of the time.  One of the parties in a marriage wants to separate, but the other party will not agree to move out.  Potential clients often ask if there is anything they can do, and it completely depends on the circumstances. Scenario 1: When There is Domestic Violence First and foremost, if you are in a violent situation, you need to come up with a plan to leave the situation in a safe manner.  Sometimes that means filing for an Order of Protection and staying out of the house until your spouse is served by the sheriff.  Often times in an order of protection, the Court will enter an the Order ex-parte (without notice to the other party).  This happens when reasonable notice to the other side would cause further risk of harm to the person seeking the order protecting them.  You can be granted what is called “exclusive possession” of your residence; of your pets; your property can be listed in the order, as well as your children.  Spouses can be ordered to stay away from c

It is not uncommon for spouses to have a period of separation before ultimately deciding if they do want to move forward with the divorce process or not. If you are thinking about separating from your spouse , a separation period can offer the couple perspective on their marriage and help them clarify whether they can overcome their issues or if divorce is the right path forward for the family. Whichever way the separation goes, there are some things that you should not do while separated or when separating from your spouse that apply in all situations. Here are just a few of many things to avoid: 1. Do not post on social media about the separation or the reasons behind it. Pretty much everyone, including your grandma, is on social media today. Whether it’s Facebook, Twitter, Instagram, Snapchat, Tik Tok, or some other platform, your family and friends are connected to you and pay attention to what you post. Airing out your problems on social media is never a positive way to deal with

When a new tax season is upon us, we are often asked by our clients what tax considerations come up in divorce. If you have recently divorced or are considering divorce, here are 10 tax issues that arise in divorce 1. Child Support   Child support payments are not tax-deductible by the parent paying child support and are not included in the income of the parent receiving child support. 2. Alimony   For divorce settlement agreements entered after December 31, 2018, alimony payments (spousal maintenance) are not tax-deductible for the spouse paying alimony and are not taxable to the spouse receiving alimony. 3. Taxes on Divorce Settlement    As a general rule, property acquired during the divorce is a non-taxable event for federal income and gift taxes. 4. Tax Filing Status    You look at your marital status on December 31st of the tax year to determine your filing status. If your divorce is not final, you can file a joint return or file separately, but the designation will be “married f

  In an Illinois divorce, the length of a marriage often has a major impact on how the parties’ financial issues are decided. In general, this is because a long marriage means that the parties’ lives have been intertwined for a longer period, during which they’ve likely accrued more assets, and possibly debts, than a marriage that only lasted a few years (or less). It’s also more likely that during a long marriage the parties have an established financial agreement within their marriage as to how they have supported each other, which is a critical component when deciding how assets and debts should be divided up. Judges will also look at the parties’ ages, their educations, each party’s earning potential, and their work histories throughout the marriage when determining whether to award property as well as how to divide their property. "Status Quo" On Financial Matters When a couple first separates, the judge will first look at the “status quo” of the marriage to determine h

  When you are first facing a divorce, whether you are the one wanting a divorce or not, the fear of the unknown can seem daunting to many.  Common fears that come to mind: Will I lose the ability to see my children?  Will I lose my pension?  What about the house, who will get it?  Fears about divorce and speaking with a divorce attorney causes a lot of anxiety and people deal with that in different ways.  Some get defensive, some turn to alcohol or drugs, and others "put their head in the sand" or suffer from denial.  Divorce brings anger, confusion, sadness, and most of all fear. The more information you have, however, the less anxiety you should have.  It is for that reason, that you need to talk to someone to educate you on the process. It's not unusual for people to be anxious or fearful to make the first step by contacting a divorce attorney.  Suddenly it feels real. Many clients believe that by calling a divorce attorney, they have taken a step that compels them fo

The attitudes of Illinois family law judges about how children should be raised, and their time divided between parents, have changed significantly over the last fifty years or so. Judges used to believe, and rule--almost universally--that children needed to spend the majority of their time with the mother, and that the mother was inherently more nurturing, involved and dedicated to their children than fathers. This was one area of law where fathers were at a distinct disadvantage in family court, especially if the parents were not married.  Further, some judges believed that unmarried fathers were incapable of raising their own children. In 1972, this issue was raised in Stanley v. Illinois , a landmark parenting case that began here in Illinois wherein an unmarried father had to fight to be able to raise his own children after their mother passed away. Sadly, even though Mr. Stanley had always been an active parent for his children, the lower courts had denied him the ability to rais