Category Archives: Family Law

When a Spouse Commits Adultery, It’s Much More Than Cheating

The pain and bruises given by a cheating spouse is never really healed. Sure time can blunt the edges of the constantly pricking weapon, but it still pierces. Adultery can ruin a marriage,and in most cases does. It leaves the other partner completely destroyed. ‘A feeling of nothingness’, ‘ a life in utter darkness’, ‘constant and unbearable pain’ , are just some of the ways that victims of adultery will describe their feelings, and emotions.   Adultery is often ground for divorce and separation. Besides, there is noContinue reading

Dealing With Wealth Division: A Tricky Part of Divorce

Divorce is mentally, emotionally, and physically draining. There are huge financial implications involved in a divorce as well. As a result, assets such as the house, rental property, pension plans, a jointly owned business, and much more are created. When a divorce happens, these need to be equally split up. In the state of Illinois, we follow the Equitable Distribution Law which states that, the wealth settlement between the contesting individuals needs to be fair and justified. It should be done keeping in mind the financial standing ofContinue reading

What You Need to Know About Paternity Fraud

You bring a child into your life, raise them to the best of your ability, only to learn later that you never shared your DNA with them. Such is the plight of paternity fraud victims. Misattributed paternity is devastating for men who have spent a significant time of their life believing that they were biologically tied to their child. According to the American Association of Blood Bank, it conducted 300,626 paternity tests on men in 2000. Out of which the tests ruled out nearly 30% of them asContinue reading

Protecting Yourself in an Abusive Relationship

The problem is far more prevalent that most American’s realize. The statistics reveal that a woman is 85% more likely to be the victim of domestic violence, with only 15% of cases involving male victims every year in the United States. In fact the statistics show that 1 in 4 women will experience an instance of domestic violence at the hands of their intimate partner. (Image Credit:https://s3.amazonaws.com/law-media/uploads/162/17180/large/d-v.jpg?1424475793) For more data on domestic violence, read “30 Shocking Domestic Violence Statistics That Remind Us It’s An Epidemic” by Alanna VagianosContinue reading

Things to Keep in Mind before Discussing Alimony

Despite best intentions, not all marriages last forever. And coming to an individual or mutual decision to end the marriage is a difficult journey for both spouses. Divorce dredges up feelings of anger, disappointment, sadness, regret and even resentment. Whether one or both spouses wish to dissolve the marriage, it is hard choice and what follows is something few people are prepared for. (Image Credit:http://fykglaw.com/wp-content/uploads/2015/03/shutterstock_254655334.jpg) Having a peaceful and amicable divorce is what most couples are absolutely certain can happen, but the animosity generally begins when conversations aroundContinue reading

Why You Should Hire a Family Law Attorney

No marriage comes with a guarantee of success. The hard reality is that, sometimes, marriages do fail. Irrespective of how much in love you were at the time you got married, circumstances and people can change with time, only to make you realize that you no longer want to be associated with each other. While you may be having a tough time coming to terms with the reality of such a situation, you know that the road ahead might involve legal intervention to finalize the process of separation.Continue reading

A Divorce Can Happen To Anyone – Do Not Be Ashamed

What do celebrity couples like Tom Cruise and Nicole Kidman; Madonna and Sean Penn; and Michael Jackson and Lisa Marie Presley have in common? They were all once happily married till divorce came along. But divorce is not a Hollywood phenomenon. US Census estimates fifty percent of all couples end up in divorce. This is a real life account: “My life crumbled before my very eyes. I did not sign up for divorce as a young bride. I believed in marriage, the vows and happily ever after.” (SandraContinue reading

Child Custody Considerations

As a couple experiences the process of divorce, a lot of anxiety can be burdened on their children. No matter what is said or done throughout the divorce proceedings, one thing is absolutely clear: the children require the highest level of support and care available to them. A separation is a big deal to a child, and the end result of the divorce proceedings is critical in shaping the rest of that child’s life. Custody law is no laughing matter, and you need to hire an expert whoContinue reading

VISITATION WITH UNRELATED CHILDREN 750 ILCS 5/607

In Illinois, visitation rights with children of married and unmarried parents is governed by 750 ILCS 5/607, and it is established using a “best interests” standard.  A party seeking to restrict visitation must prove to the court that regular visitation would create a “serious endangerment” to the child. In a recent divorce case I represented the father of two children. His wife also had a child from a prior relationship, and that child had no relationship with her biological father. After five years of marriage a divorce wasContinue reading

ESTABLISHING CHILD SUPPORT – 750 ILCS 5/505

In Illinois the law under which child support is established is 750 ILCS 5/505.  It applies to children of married parents (pursuant to the Illinois Marriage and Dissolution of Marriage Act) as well as to children of parents who never married (ie:  parentage cases pursuant to the Illinois Parentage Act of 1984).  In both circumstances the Court is entitled to set child support based on a percentage of the non-custodial parent’s net income.  The Court has the ability to award child support retroactive to the date the requestContinue reading