Anderson & Boback Family Law Attorneys

  People have heard of prenuptial agreements; those have been common for some time. People are frequently considering postnuptial agreements as well. Whether you are considering a prenup or a postnup, you might want to consider adding your pets to it. People who have pets are now including pet-nuptial provisions within their agreement that address what will happen in the event of a divorce.  For those couples who are not married, a simple contract that addresses what to do with their pet in the event of a breakup can be beneficial as well.  After all, pets are a part of your family. If you had to decide this issue in court, the judge is likely to award your pet to just one of you, without addressing any specific parenting time for the other. Judges are busy and especially those judges without pets, just do not seem very sympathetic.  Even sympathetic judges do not want to be bothered with figuring out how much time each person should have with their pet.  ...

  Wonder if there is a way to "fast track" your divorce ? Many clients beginning their divorce proceedings want to know how long the process will take.  The truth is, a lot of factors contributing to how long the divorce will take are up to the individual parties themselves.  As a general rule, the more cooperative the spouses are with each other and the legal process, the faster their divorce may become finalized, and the less expensive the process will be.  Of course, the opposite is also true! The less cooperative the parties are with one another and the legal process, the slower the divorce may become finalized, and the more expensive the process will be.  Follow These Tips to Fast Track Your Divorce There are specific things you can do to try and ensure that your divorce is on the “fast track”. As a busy Chicago divorce attorney, I've found the following tips to most helpful when if you're motivated to make progress and keep your divorce on the fast track. ...

  Since the revising of the Illinois Marriage and Dissolution of Marriage Act the state of Illinois no longer uses the term “custody”.  Previously, a parent with sole custody could make decisions about religion and religious training for their minor child.  Now, Illinois has what is referred to as “allocation of parental responsibilities” and one of the “parental responsibilities” a parent can be allocated is religious decisions for a minor child.  Decisions about religion can be made jointly, where the parents try to work together to make the decision for their child and attend mediation if they are unable to do so.  Can Decisions About Religion Be Allocated to One Parent? The responsibility to make decisions about religion also can be allocated solely to one parent.  This is going to depend on many factors, including but not limited to, what the status quo has been regarding these decisions during the parties’ marriage as well as what the minor child’s...

  In re Marriage of Bychina , 2021 IL App (2d) 200303 (June 18, 2021), Elena, the Petitioner in this Illinois divorce case, had recently come to this country from Russia.  On her immigration form, Boris, her husband, indicated a promise to support her if she came to this country.  When Elena wanted to come into the United States, she had to prove she could support herself.  Under section 213A of the Immigration and Nationality Act, Boris filled out the Department of Homeland Security United States Citizenship and Immigration Services Form I-864 (Affidavit of Support), which essentially said he would be financially responsible for her.  The reason for this contract between Boris and the U.S. government is to prevent immigrants from coming to this country and then requiring the government to financially support them.  Boris promised with the execution of this form, that Elena would not need government assistance because he promised to pay for her as an immi...

  A postnuptial agreement is a legal document that explains and designates how property will be divided in the event of a divorce.  It is very similar to a premarital (or pre-nuptial) agreement, except a premarital agreement is signed prior to the marriage and a postnuptial agreement is signed after the marriage has already occurred.   While a post-nuptial agreement is enforceable if properly executed, there is often a “dark cloud” over post-nuptial agreements. whereas they are more easily overturned than a premarital agreement, especially if there are assets that have been comingled already during the marriage or received during the marriage.  Any income earned during a couple's marriage and any property or money accumulated during a marriage is presumed to be marital property unless otherwise allocated (such as in a premarital agreement ).  Once the money or property is considered marital in nature, someone agreeing to waive their right to something that...

  So, you just got served with Illinois divorce papers or a child custody action. Now what? Whether you suspected this legal action might happen, once you’ve been served there is no time to waste taking necessary steps to protect yourself. First of all, do not ignore the fact that you have been served. Be forewarned! If you have been served with a Petition for Dissolution of Marriage or a Petition for Allocation of Parental Responsibilities you only have so much time to alert the court that you intend to be involved in the legal proceedings. The way you do this by filing your “appearance” in the matter which means filing and Answering the Petition for Dissolution (or Petition for Allocation of Parental Responsibilities It’s important to understand that once you have notice of the legal action, the filing party can usually move forward without your involvement even if you fail to file your appearance in the matter. How Do Family Law Court Proceedings Begin? When family law cases a...

Karyn Aspan was granted maintenance from her husband Thomas Aspan.  Shortly after the divorce was granted, Tom filed a motion to terminate the maintenance award.  In the motion, Tom argued that Karyn was living with a man, Ronald Hessa, and because of that living arrangement, his obligation to pay her maintenance should end.  The court granted his motion. Case Background On August 18, 2017, the circuit court entered an order for the dissolution of the marriage between Karyn and Tom. The order required Tom to pay Karyn maintenance for ninety-six months at an annual rate of $24,280. Karyn also received approximately $53,000 on October 16, 2017, from the sale of the marital home. In May 2018, Tom filed a petition to terminate temporary maintenance, alleging that Karyn was cohabitating with her boyfriend , Ron. He also alleged that their relationship started in June 2017. In February 2019, the circuit court held a trial on the petition. The evidence at trial was as follows. K...