Missouri now has a presumption of 50/50 parenting (but Illinois does not)
The tide is turning in family courts across the United States. Traditionally, sole custody arrangements favored mothers, often leaving fathers with limited time with their children. But a growing body of research shows that children benefit from equal time with both parents, prompting states to consider a 50/50 parenting time presumption. Missouri Leads the Way […]
The Importance of Flexibility in Parental Allocation
When parents are creating a parenting plan, flexibility can be just as important as the specific schedule itself. In fact, Illinois courts recognize that life is unpredictable, and children’s needs change over time. A rigid plan might seem secure at first, but it can lead to frustration and conflict down the road. Flexibility in Parental […]
The Best Interest of the Child and the Importance of Cooperation
When parents can’t agree on a parenting plan in Illinois, the Court steps in. They’ll consider 17 factors to determine what’s in the child’s best interests. Of those many factors, there is a special emphasis on the importance of cooperation between parents. Why Cooperation Matters Studies show that parents who cooperate raise children with […]
How to Decide Between Keeping Your Married Name or Choosing Your Birth Name
Deciding whether to keep your married name or return to your birth name after divorce is a personal choice with no right or wrong answer. The person who changed their name cannot be forced to change it to their former name because the name is not property that can be taken back. Let’s explore some […]
Pets and Divorce
Pets are more than just property in Illinois. They’re considered family members, and their well-being matters in divorce proceedings. But what does that mean for you and your pet if you’re facing separation or divorce? Pets Aren’t Furniture: Illinois Law Considers Their Well-being Unlike most states that treat pets as simple possessions, Illinois courts recognize […]
Rapid Unplanned Disassembly: A Metaphor for Unexpected Divorce
Few things are as devastating as an unexpected divorce. In engineering, an unexpected catastrophe is called a rapid unexpected disassembly or RUD. RUD sounds a lot more clinical than blew up. Some people experience the same thing with their marriage. One day, their marriage experiences a RUD and blows up out of the blue. Whether […]
Financial Infidelity and Divorce: What You Need to Know
When going through a divorce in Illinois, understanding your financial rights is crucial. This means knowing what assets you’re potentially entitled to and ensuring everything is on the table during negotiations. Hiding assets during a marriage or divorce is known as financial infidelity. Separate vs. Marital Property: What’s Yours? Illinois law divides your belongings into […]
Lawyers are not in the business of handing out free advice
You’re facing a divorce, and you have questions. All you want are some quick, free legal advice from a lawyer. But here’s why most of us don’t give free legal advice. 1. Lawyers Are Professionals, Not Volunteers for Legal Advice Just like you don’t expect free plumbing or car repair, lawyers deserve to be […]
The Rise and Fall of the Standard Visitation Plan
In the past, the typical parenting plan in Illinois often favored a traditional family structure.. Mothers were often assumed to be the primary caregivers, while fathers had limited visitation rights. This is the so-called “standard visitation plan”. But times have changed, and so have the courts’ views on parenting. Gone are the days of […]
Understanding Your Rights as a Step-Parent Post-Divorce
If you’re a stepparent going through a divorce in Illinois, you might be wondering about your rights as a step-parent post-divorce to maintain a relationship with your stepchildren. Unfortunately, the legal landscape can be a bit complicated. Troxel v. Granville: A Landmark Case In the landmark case Troxel v. Granville, the U.S. Supreme Court […]
