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Recent Blog Posts
Should I Get a Financial Restraining Order in My Divorce?
It is common to hear “restraining order” in a divorce and think of domestic abuse. But sometimes a spouse wants to get a restraining order that prevents the other spouse from using certain money or assets. This is called a financial restraining order.
This article will discuss what a financial restraining order is and why a person getting divorced might want to request one. If you have any concerns about your assets or finances in your divorce, consult with a qualified Illinois divorce lawyer who can explain your options.
What is a Financial Restraining Order?
When a judge issues a financial restraining order, the order forbids both sides from touching certain assets or properties before they have a chance to be divided. It does not bar either side from being able to use personal money to pay bills. Both spouses must still be able to pay for what Illinois law calls the “usual course of business” and “necessities of life.” To pay for any expenditures other than this, however, a spouse will need to serve notice to the other party.
Does My Child Need a Guardian ad Litem?
A guardian ad litem means a guardian “for the legal action only.” The purpose of a guardian ad litem (GAL) is to represent the best interests of a child in a court proceeding, such as a divorce or child custody case. A court can appoint a GAL whenever it feels it is best for the child, especially if there appears to be a conflict of interest between the child and his or her parents.
In Illinois, a GAL is an attorney who has gone through special court-approved training.
When Does a Court Appoint a GAL?
Illinois law allows a court to appoint a GAL whenever it feels a child needs one. Courts will also appoint a GAL in the following circumstances:
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If either side in the case requests that one be appointed for the child
Misconceptions Regarding Domestic Violence Cases in Illinois
Domestic violence cases in Illinois are complex and sensitive legal matters that require careful consideration and understanding. Sadly, there are several misconceptions surrounding these disturbing cases that can hinder the pursuit of justice and protection for victims. If you are dealing with an abusive spouse, please understand that you have options. Contact an attorney to find out what these options are and what steps you can take to ensure a safer future for yourself and your children.
At Serrano Hanson, our knowledgeable and bilingual lawyers are well-informed and understand all family law matters, including domestic violence cases. With us, the safety of our clients is a top priority. Whether obtaining an order of protection for a client or solving custody problems with an abusive spouse, clients can trust that we will protect their rights and privacy.
What You Need to Know About Rehabilitative Spousal Support in Illinois
Navigating the world of divorce can be daunting, especially for those who are financially dependent on their spouses and have a hard time imagining how they will be able to support themselves after divorce. One such form of spousal maintenance, sometimes referred to as rehabilitative maintenance, is especially important to be aware of.
Rehabilitative spousal support, or alimony, is like a helping hand for a spouse who needs assistance getting on their feet financially post-divorce. If you believe spousal support will be part of your divorce, talk to your attorney for help understanding the ins and outs of spousal support in Illinois and what you need to do to get started.
What is Rehabilitative Alimony?
To determine whether a spouse is eligible for rehabilitative support in Illinois, the court will consider factors such as:
The 3 Basic Types of Illinois Orders of Protection
Illinois offers three basic types of Order of Protection that people can request when someone else is intent on harming them, has harmed them, or has threatened to harm or abuse them. Understanding the three Order of Protection types is vital in your process of requesting and being granted one by an Illinois judge. An attorney will likely recommend an Order of Protection for anyone suffering domestic violence or abuse.
Emergency Order of Protection
This particular Order of Protection is meant to protect a petitioner from abuse and domestic violence. There are two people in an Order of Protection - the petitioner and the respondent. The petitioner is the person who requests the order and the respondent is the person named in the order.
How Mediation Can Make Your Divorce Less Stressful
Mediation has many advantages for couples looking to resolve issues during divorce proceedings. When couples can work out their differences in an amicable way, it lessens the stress that an otherwise nasty, prolonged divorce would bring. A capable attorney can offer significant advice and guidance before, during, and after your divorce takes place.
What Occurs During Mediation?
Mediation is a meeting for resolving disputes that normally occur in a divorce. The typical issues that may require mediation include:
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The Allocation of Parental Responsibilities (Child Custody)
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Child support
Why A Judge May Limit or Restrict Parenting Time
Parenting time is one issue that a judge will oversee and make a decision on in the case of divorcing parents. There are many factors a judge will take into consideration when making a final decision. In all final decisions, it is a child’s best interest that determines the allocation of parenting time for both parents. Depending on the circumstances, a judge can choose to limit, restrict, or negate parent time for one or both parents. To get a better idea of all the things a court will look at concerning your children in a parenting time dispute, speak with an experienced divorce and family law attorney.
The Modification of Parenting Time
The Illinois court can choose to modify an existing parenting time agreement at their discretion but will normally only do so at a parent’s request and only if it is in a child’s best interest. The typical requirement for a parenting time modification following the original parenting plan in a divorce or separation agreement is a significant change in circumstances.
The Effects of Parental Relocation on Children
Divorce is already a trying time for children of all ages. One complication many divorced parents face that also has long-term effects on children is during relocation. Whichever parent receives significant decision-making responsibilities will oftentimes be the parent a child lives with the majority of the time. That parent may choose to or be forced to find a new place to live. It is also likely that the other parent may have to find a new place to live should the family home wind up with the ex-partner in the asset division hearing.
Either way, the child may need to adapt to more change, and this can be overwhelming, especially for young children or children with special needs who may not be able to fully understand what is going on. For a better understanding of what your children may be going through, it may help to seek out a child therapist. And because relocation is often complicated and requires court approval, an experienced divorce attorney can offer legal advice in these kinds of situations.
The Effects Divorce Can Have On Children
Emotions run high during a divorce for all parties involved. But for your children, especially minor children, they may not be able to understand the situation in order to regulate them. The effects of divorce weigh heavily on children, potentially leading to serious emotional, mental, and even moral complications down the road. As a parent, you will need to do your best to shield your child from the emotional turmoil that divorce can bring while an attorney handles your legal matters.
Regression
Younger children may show signs of regression, reverting to old behaviors you had worked so hard to get them to overcome. Such behaviors include:
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Bedwetting
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Thumb sucking
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Clinginess
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Temper tantrums
When this occurs, the stress may be overwhelming your child. Continue to reassure them and remain consistent to get them back on track.
Reasons For a Contested Divorce
A contested divorce is something you will often see portrayed in movies. A couple cannot get along for whatever reason and they decide, instead of cooperating and ending things amicably, to have a drawn-out, expensive battle inside a courtroom. When divorcing couples have disagreements that cannot be handled outside of court, a contested divorce is likely the only path forward. In any divorce, it is especially important to retain an experienced and skillful attorney to represent you at trial.
What is a Contested Divorce?
A contested divorce is when a couple cannot agree on certain factors that surround the divorce. These factors can include:
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Debt responsibility
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Division of property
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