Anderson & Boback Family Law Attorneys

Are Family Law and Divorce Law the Same? While the terms “family law attorney” and “divorce attorney” are often used synonymously, divorce is now considered to be just one part of the practice of family law. In Cook County, and other court systems, divorce and parentage cases used to be handled by separate judges in separate parts of the building. While once considered to be two discrete areas of law and practice, over time the judiciary recognize that while not exactly the same, these cases were close enough in fact and law that they should be combined into one area of the courthouse under the heading of Domestic Relations. The blending of divorce and parentage cases in many ways created the more general header of “family law attorney” versus “divorce attorney”, as it implied that an attorney working in family law was also knowledgeable about parentage cases, child support cases, grandparent visitations, and other cases outside the boundaries of divorce. For some attorneys, family law...

The Illinois Marriage and Dissolution of Marriage Act in recent years gave the courts in Illinois the authority to order therapy for a minor child, family counseling for one or more of the parties and the child, or parental education for one or more of the parties if it finds that the parents or all parties agree, that the child’s physical health is endangered or that the child’s emotional development is impaired, or that an abuse of allocated parenting time has occurred, or, one or both of the parties violated the judgment with regard to conduct affecting or in the presence of the minor child.  {See 750 ILCS 5/607.6 regarding same}.  However, the same statute previously explicitly indicated that all therapy would be confidential. As of August 13, 2021, Illinois enacted Public Act 102-349, and the statute is now modified.  It no longer has a provision stating that therapy would be strictly confidential.  This kept all information obtained by a Guardian Ad Litem fro...

Choosing your divorce attorney is a lot like picking out a new car to buy. You need to know the cost of the car, the different features the car offers you and your family, and really, how you can get the most for your money from the car in the long run. Similarly, these are just a few of the same things to consider when choosing your divorce attorney . You would never just choose a random car you found on Google, or pick a car based solely on someone else’s experience, so why would you do that with your divorce attorney ? There are enough attorneys in Chicago, that if you do your research and prepare for your meetings with potential attorneys you will end up with someone you feel comfortable with and someone that you trust with your case.  6 Tips to Help You Prepare for Your Divorce Attorney Consultation Your initial consultation with a divorce lawyer should provide you with information on how the divorce process works, information about your legal rights going into the case, and y...

Can a biological parent abduct his or her own child? Does child abduction only occur when there is a custody dispute or divorce? The answer is “yes” a biological parent can abduct his or her own child and, “no”, a custody dispute or divorce is not a necessary precursor. What is Child Abduction? Child Abduction is the wrongful taking or removing, retaining or concealing a child.  It is the taking away a person by persuasion, by fraud, or by open force or violence. There are two types of child abduction: - parental child abduction and - abduction by a stranger. This article discusses abduction by a parent from another parent who has custody of that child. Understanding Parental Abduction Laws All the states have adopted the Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA), which became effective on January 1, 2004. Besides the UCCJEA, there are other laws that may be involved in international or interstate custody jurisdiction disputes. These include the ...

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 ...

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 d...

  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 tak...

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 ...

  Oftentimes while a family law case is pending, parents will need or want to move with their minor children . The child relocation law in Illinois as of 2021 indicated that you need to seek approval for relocation from the Court if you want to move your minor child(ren) more than 25 miles away from their current residence. However, under the Illinois statute, as written in 2021, it indicates that “a parent who has been allocated a majority of parenting time or either parent who has been allocated equal parenting time may seek to relocate with a child.”  Judges and attorneys have interpreted this section to mean that until a parenting time schedule is in place, a parent cannot seek relocation, because it is unknown if that parent has the “majority” of parenting time or “equal” parenting time, until, at a minimum, there is a parenting time schedule in a custody order.  New Temporary Child Relocation Law Many Judges have also been interpreting the child relocation law to ...

  In Illinois, we have abolished using the term “custody” and now refer to parenting time as the schedule which dictates where the child resides, and when.  Clients often ask whether or not it matters if the child has an opinion as to where they reside, or how often they spend time with each parent, and the answer is complicated. Whether or not a child's preference weighs in on parenting time and custody decisions depends on a variety of factors. Can a child choose which parent they want to live with? No.  It is not up to the child to choose who they reside with.  However, their opinion can be considered in very specific circumstances once they have reached an age where they are mature enough to form a well-reasoned opinion about this.  More on this below. What pitfalls do I need to look out for when presenting information to the Court about my child’s preferences? In Illinois, the Courts go out of their way not to place children in the middle of litigation and...

If you and your spouse are able to reach an agreement on all of the issues of divorce, that is a great start to the process. In an uncontested divorce, once that agreement has been reached, or even before, the next step is asking yourself whether or not it is beneficial for you or your spouse, or both of you, to obtain the advice of a divorce attorney to finalize your case. When a spouse in a divorce case chooses to represent themselves in their divorce, they are held to the same standard as a divorce attorney . They are required to understand and follow the court procedures, and also know the laws that apply to the details of their case. The benefit of not having an attorney to finalize the case is not paying attorney fees, however, usually, the risks of not having an attorney outweigh the benefit of not having any legal fees. The attorney’s role in a divorce case is to obtain all the facts of a case to divide the assets and debts equitably between the parties, and to address all othe...

When parents end their relationship, it's rarely easy especially if there are disagreements over custody. As Chicago child custody attorneys , we're often asked for guidance on what you should bring up in a child custody case to show you are the " better parent ".  If you are anticipating a child custody case in Chicago, here's what you need to know. What are Cook County Judges Looking For in Child Custody Cases? When a child custody case comes before a Cook County judge, their focus is trying to protect the well-being of the child while facilitating a relationship with both parents. Custody cases are always a delicate balance between the best interests of the child and the constitutional rights of the parents. So, when deciding how to divide a child’s time between the parents, the court is looking at the actions of the parents, both in how they treat the child and how they treat each other. When looking at the issue of custody, judges typically do not want to di...

  Many questions arise about property division when couples are facing divorce, especially when the couple owns a home during the marriage.  What should you do with it now that you are divorcing?  Should you sell your house before divorce ?  Should one spouse buy out the other?  How do we decide which way is best? Selling Your House Before Divorce  If you are in Chicago, it is a good time to sell your house.  The current real estate market is pricing homes at an all-time high, and sellers can sell their homes for top dollar. If you decide to sell your house before your divorce is final, and you and your spouse cannot agree as to the division of the monies received once you have paid off all the necessary expenses like the realtor, the judge will require that the proceeds be placed in the care of one of the attorneys until the case is over.  Many times, couples will wait until the divorce is finalized to sell the house, but it is not necessary to d...