110 E. Schiller Street, Suite 320, Elmhurst, IL 60126

Weiss-Kunz & Oliver, LLC312-605-4041

CHICAGO
 ⚫ PARK RIDGE
 ⚫ ELMHURST -

Recent blog posts

IL divorce lawyer In a divorce, you end up having to make a lot of compromises. The divorce process involves a series of negotiations, many of which you might leave feeling as if you did not get what you wanted, but it has been said before: a good compromise is when both parties are dissatisfied. Compromise can indeed sometimes feel as if you have lost, but when it comes to your divorce, you should do everything you can to adhere to the compromises you agreed to. If not, the court may end up holding you in contempt.

Understanding Contempt of Court

Contempt of court occurs when a person does something that a judge or a court order has prohibited them from doing or required them to do. In most cases of contempt in family court, people are held in contempt because they have not obeyed or have violated an official order, such as a custody arrangement or support order.

If a person believes that their spouse is purposefully disobeying a court order, they can ask the judge to hold their spouse in contempt of court. A hearing will then be held to determine whether or not the spouse was actually in contempt and what consequences should be applied. For a person to be held in contempt, it must be proven that they:

...

IL divorce lawyerEven though a divorce technically just involves you and your spouse, the two of you are not the only ones who will be affected by the divorce. Getting a divorce affects the whole family, especially if you have children. Having children also means there is likely a greater chance that there will be disagreement during your divorce proceedings. When it comes to child-related issues, it is not uncommon for parents to be unable to see eye-to-eye. In cases in which there is extensive disagreement, a judge may appoint a guardian ad litem (GAL) to your case to help your children’s voices be heard.

What Is a GAL?

In Illinois, the default procedure is to encourage parents to come to an agreement on child-related issues. The court will try to get the parents to use various methods of negotiation, including mediation, to settle disagreements. If the judge determines that the parents are unable to work together or put their children’s needs ahead of their own, they may appoint a GAL to help keep the children’s best interests in mind. A GAL is a highly-trained professional, often an attorney, who is appointed to basically be the attorney for the children and protect their best interests.

How Will a GAL Impact My Case?

To accomplish their job, a GAL will employ a variety of methods for gathering information so they can make their recommendations. Many times, a GAL will conduct interviews with each of the children, the parents, and other people that are present in the family’s lives, such as teachers or psychologists. The GAL will also likely conduct a home visit during which they will observe the interactions between the family members.

...

IL divorce lawyerUnfortunately, domestic violence is something that is present in millions of families throughout the country. Domestic violence occurs when a person commits an act of abuse or violence toward a family or household member. Sometimes, it can be a stressful event that triggers the beginning of the violence, such as a separation or divorce. Other times, violent tendencies that were already present are just exacerbated by the divorce. Whatever the situation, there are remedies available to you to help you protect yourself and your children. The most common form of help for these situations includes the issuing of an order of protection.

What Is an Order of Protection?

An order of protection is a legally-binding court order that can help protect you if your spouse is being violent or abusive. An order of protection can contain provisions that your spouse must adhere to or face further penalties, with the most common requirement being to stay away from the petitioner. An order of protection can be brought against a person by any of that person’s family or household members, including spouses, former spouses, parents, children, roommates, people who are dating and adults with disabilities, and their caregivers.

What Can an Order of Protection Do?

Contained in an order of protection are what are called remedies. These are things that the respondent is either prohibited from doing or things that the respondent is required to do. There are many different remedies that can be included in an order of protection, though the most common remedies include:

...

IL divorce lawyerGetting a divorce brings about all kinds of issues that you must deal with, both emotionally and financially. Though the emotional side can be difficult to manage, the financial side has a lot of bearing on how your life will turn out in the future. Financial issues can be especially important for older couples who are nearing the age of retirement. Retirement accounts are assets that are usually quite valuable to both spouses, setting the stage for disagreements over how the assets will be divided. Ignoring or forgetting your retirement accounts during your divorce could spell disaster for your financial future. If you are getting a divorce, be sure to take these necessary precautions to help protect your retirement plans.

Understand What You Are Working With

Before you make any decisions, you should fully understand what type of retirement accounts you and your spouse have and the rules that govern each account. Common retirement accounts include employer-sponsored plans such as a 401(k) and individual retirement accounts such as an IRA. Each type of plan has its own rules, especially when it comes to dividing and distributing the funds.

Speaking with a financial adviser can help you figure out how you should divide your plans and how you can do so while avoiding any penalties or tax repercussions. A financial adviser will also be able to help you make sure you understand your financial portfolio so you can make informed decisions.

...

IL divorce lawyerHaving a child puts everything into perspective. Instead of focusing on yourself, your goal is to make sure your children are happy, healthy, and grow up to be successful, well-adjusted adults. Many people falsely believe that the best situation for children is having two parents who are in a relationship with one another, but staying together for the kids can actually do more harm than getting a divorce.

Studies have shown that children who are subject to constant stress and conflict have more issues with anxiety, depression, anger, and social difficulties. However, there are also studies that show children whose parents divorced are actually well-adjusted and successful, suggesting there is a way you can help your children through divorce.

Helping Your Children Through the Process

If you are getting a divorce, you should be proactive about how you deal with the situation if you have children. Here are a few ways you can minimize the impact your divorce has on your children:

...
bbb cba dcba isba lcba lod super lawyers 10 best asla collaborative expertise
Facebook Twitter
Search
Back to Top