Can I Move With My Child from a Prior Relationship?
“Removal cases are difficult. This is especially so when neither parent demonstrates bad faith and both have assiduously exercised their parental responsibilities and parenting time. No matter the outcome, one party’s life will be affected detrimentally.” – The honorable James Baber, Ninth Judicial Circuit Court. Not only are “removal” or “relocation” (past and current legal […]
What can people expect during property division in Illinois?
For couples with young children, arguments about custody tend to be the biggest issue when they divorce. For those who do not have young children in the family home, property division is usually the issue that will be the biggest concern in an Illinois divorce. Those who have marital agreements on record can expect a […]
Co-Parenting Apps
It is hard to change the personal, sometimes too personal, communication with someone with whom you had a prior romantic relationship to a more professional and businesslike tone after the break up/divorce. You are no longer a couple, you are now partners and your business is your child(ren). Communication is key, but it must be […]
Case Management Conference Attendance
We are often asked, should I attend this case management conference. First, for any court hearing attendance question, read the summons, notice of hearing, or court order that made you aware of the hearing and be sure it doesn’t demand your appearance. If it does, then that is your answer. Usually though, a case management […]
Dog Attacks
For actions brought pursuant to the Animal Control Act, both statutory law and common law are controlling. The Illinois Animal Control Act states: If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, […]
How Illinois judges set the amount and duration of maintenance
Although people often marry those who come from similar backgrounds and who share personal priorities with them, it is still very typical for spouses to have very different economic circumstances from one another. Oftentimes, lengthy marriages, in particular, lead to a significant discrepancy in the earning potential and personal property of two spouses. When the […]
Mediation can be a viable solution for some personal injury cases
When people think about personal injury claims, they probably expect one of two approaches. Some people simply file an insurance claim using the coverage of the party responsible for the incident in question. Other times, individuals affected by the behavior of another person or the negligence or misconduct of a business will file a personal […]
Who Gets the House During a Divorce?
One of my favorite judicial moments occurred during a hearing where a couple had continued living together for many months while their divorce was pending. When the judge learned they were still sharing the same home, he simply paused, raised an eyebrow, and said, “awkward.” The judge didn’t mean to be humorous; he was simply […]
Prenuptial Agreements in Illinois: What You Need to Know
A prenuptial agreement outlines how certain assets and financial issues will be handled if a marriage ends. In Illinois, these agreements are governed by the Illinois Uniform Premarital Agreement Act (750 ILCS 10/1 et seq.). A valid agreement must be in writing and signed by both parties. No consideration is required, and the agreement becomes […]
Why Asking About Trial Matters
Your best alternative to a negotiated agreement (BATNA) in a divorce is the likely outcome of a trial. If you don’t have a realistic sense of what a judge might decide, you’re negotiating without a baseline for comparison. That makes it harder to evaluate settlement offers or make confident decisions. Why Asking About Trial Matters […]