DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND THE ADMINISTRATIVE APPEALS PROCESS Who is DCFS? The Illinois Department of Children and Family Services (DCFS) is the Illinois government department that handles child protective services. It is assigned with the task of investigating allegations of child abuse or neglect in Illinois. DCFS has the duty to protect Illinois children from harm and abuse. How Does DCFS Learn About Possible Abuse and Neglect Cases? Many people are aware of DCFS and understand their purpose. When child abuse or neglect is suspected many people do report it to the DCFS phone hotline. They also have ways for people to report their suspicions online. DCFS wants citizens of our state to understand that we all, as a society, have a civic obligation to report possible child abuse and neglect. Many people are also what we refer to as “mandated reporters.” These are people that must report any and all suspected abuse and neglect. Typically we think of mandated reporters as teachers, doctors, police officers, etc. When the incident is reported to DCFS they initially determine if the allegation meets their guidelines and if it does then a formal investigation will be next. What Happens If You are Suspected of Child Abuse or Neglect? Once DCFS receives a report of possible abuse or neglect that meets their guidelines they must investigate formally. Then they must determine whether there is credible evidence that child abuse or neglect occurred or if the report is “unfounded.” A child protection investigator is involved in the investigation. Within 24 Hours of First Report of Child Abuse or Neglect Within 24 hours of the first report, the investigator tries to visit the child to make sure there is no immediate danger to the child. During their investigation, they will speak with witnesses and they will review any evidence. The Department usually tries to get parents to agree to a safety plan but if that would not help then the department could take the child into protective custody. This includes speaking to the person who allegedly abused or neglected a child, the person who reported the abuse, the child, doctors, family members, etc. DCFS Investigation is Not a Criminal Investigation An investigation by the department is not a criminal investigation. However, the department and the police often communicate during the investigation. DCFS has 60 days to complete their formal investigation. If after an investigation DCFS believes the report is unfounded, the report will be removed from the Child Abuse Registry. What happens when you receive a notice that DCFS Intends to “Indicate” you? After completion of the DCFS investigation of child abuse or neglect, you will receive notice if the department intends to “indicate” you. When DCFS “Indicates” you, it means they believe you were the person who abused or neglected the child. The indication notice will tell:
DCFS Appeal Process The notice will tell you more about the appeals process if you are indicated. They will also give you a summary of the facts that the department investigated during the process. You are given an opportunity to speak to an unbiased child protection administrator to respond to the allegations and they state they have to indicate you. Many people have their attorney present for the teleconference. This is a time to bring additional evidence and facts to the department’s attention. Remember that at this point you are just being given a chance to tell your own account of the incident. You are not able to cross-examine the department’s witnesses at this stage. What Happens If You are “Indicated”? After the teleconference, if you choose to participate and you do not have to, you will receive notification of whether or not you were indicated. This will be in writing from the department with their final decision. They will let you know the specific allegation you have been indicated for. If you are indicated this report of child abuse or neglect will be on the Child Abuse Registry. This can negatively impact your life, especially when it comes to any current employment or future employment opportunities with children. If you do not believe that you should have been indicated then there is an appeals process which allows you to challenge the final decision. How Do You Challenge a Finding of Child Abuse of Neglect? If there is a finding against you for child abuse or neglect, you must request to challenge that finding in writing by filing an appeal directly with DCFS to begin the process. You should then receive correspondence from the department acknowledging your appeal. The next step will be a telephone conference with an administrative law judge from the administrative hearings unit. This is a pre-hearing conference and if you do not participate your appeal will be dismissed and the indicated finding will stand. Preparation for the Administrative Law Hearing The next step is preparing for the hearing. You will exchange witness lists with the attorney for the department. You will receive a redacting copy of the investigation file to review while preparing. You may send subpoenas to make sure certain witnesses appear for your hearing. You are able to have a child under the age of fourteen (14) as a witness at the hearing but you must show that the child’s testimony or involvement is essential to determination of an issue that you are appealing, that this will not inflict emotional harm to the child, and that there is no alternative to having the child involved. What to Expect During Administrative Law Hearing At the hearing, you and the department will both present evidence and witnesses. This will be your time to ask questions to the department’s witnesses. The department has the burden of proof to show that the abuse of neglect occurred by a preponderance of the evidence. WHAT TO EXPECT DURING ADMINISTRATIVE LAW HEARING After the hearing, you will receive a final administrative decision on the appeal within ninety (90) days. If you are successful the report can be taken off the registry. Remember that indicated reports can be used against you later if there are future allegations of child abuse or neglect. If you are unsuccessful in your administrative appeal, you will be provided with information on how to appeal through the judicial system. If you have concerns about a DCFS investigation or have concerns about child abuse or neglect, it is important to make smart decisions and seek advice from experienced family law attorneys. Contact our office today to schedule a confidential consultation to get answers to your questions including what happens if DCFS indicates you for child abuse or neglect. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody/allegations-of-child-abuse-or-neglect-and-dcfs/
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There never is a perfect time to file for divorce… When a marriage is headed for divorce, a question of timing usually plays a big part in when a spouse makes the actual decision to file for divorce. Divorce is a big deal. It’s usually hard to talk about divorce with your spouse, whether you are still together or separated. Divorce is permanently ending your marriage. It’s the end of a chapter of your life. No matter how long you’ve been married, it is going to be difficult. Are You Emotionally Prepared to File for Divorce? Support From a Trusted Therapist One of the best things you can do when you’re thinking about filing for divorce is to seek therapy. Not couples therapy but therapy for yourself. Not everyone is comfortable about speaking to a stranger about their feelings or deepest and darkest secrets but most people would prefer to do this in a professional setting in confidence versus talking directly to their spouse. Therapy is a good place to start so that you can prepare yourself for the conversation with your spouse if you do decide to go through with the divorce process. When you do file for divorce and are in the middle of the court proceedings, do not forget about that therapist. It’s easy to vent to your attorney but try to remember that they are there to help you with your legal issues and litigation is not the best place to take care of the bigger emotional issues you are going through. …but there are better times than others. Timing Considerations When You File for Divorce Once you have spent some time processing why you are thinking about divorce if you decide divorce is the best choice you need to start thinking about timing. There are a lot of reasons timing is important in a divorce, but to get you started, here a few of the most important ones: Important Timing Related Issues in Divorce RETIREMENT Retirement is sometimes a hotly contested financial issue in divorces. The biggest thing to remember here is that unless you have an agreement with your spouse otherwise, your retirement is usually divided from the date of marriage to the date of divorce. Typically the longer you are married, the bigger your spouse’s share of your retirement. All property is presumed to be marital property unless you can prove otherwise. Your spouse may not be entitled to all of your retirement depending on when you began saving (before or after the marriage) but either way you should be aware that the date of the actual divorce is very important. If years go by litigating your divorce, your spouse’s interest in the retirement is very likely growing. Be sure to keep it in mind. CHILDREN We often hear from family and friends that someone is staying in their rotten marriage “for the kids.” Many people try to stay in their marriages until their kids are grown. Some of these people try to work on their marriages throughout this time and that is great. You never know until you try. Other people stay in the marriage but emotionally check out. Those people tend to think that staying in the marriage is better than leaving, for the sake of the children. That is not always safe. Now every family is different, but I would have to say that children usually have the hardest time processing the divorce of their parents when the children are older. All children are different and divorce impacts them all in different ways. However, if you have the mentality that you are only staying in the marriage for the sake of your children, really think about if that is the healthiest choice. Adult and older children are sometimes very upset to learn of their parents’ marital issues and divorce can leave them often taking sides – usually whoever they end up seeing or talking to the most because they often only hear that parent’s perspective. Other adult children and older children are not surprised by a later divorce because they saw the trouble while they were growing up. They may have an easier time accepting the reality of the divorce if they did notice problems. STAYING TOGETHER FOR THE CHILDREN? Do you really want your children to be exposed to negativity throughout their childhood if you are staying together for them? Children tend to be happier when their parents are happy. If the parents’ divorce when the children are younger but move on to become happy separately then the children have the best of both worlds. Divorcing when you want to and when you need to is much better than your children being exposed to trauma growing up or having to go through it as an adult. Once again, there is never a perfect time to file for divorce but if you have children, think about them and the impact on them.
Your marriage is yours. It is between you and your spouse. Your children do not need to know and should not know the reasons behind the divorce. They aren’t your therapists. The best way to handle a divorce when you have children is to be straightforward with your spouse and to try your hardest to both be on the same page about how to handle the divorce as it relates to your children, whatever their age may be. You will always be their parents whether you are together or not. MAINTENANCE AND SPOUSAL SUPPORT Now, this is a big concern in cases when maintenance is a possibility for to either spouse. With the current statute addressing maintenance in Illinois the date of filing of the petition for dissolution of marriage is very important. For guideline maintenance calculations for the length of maintenance, we calculate from the date of marriage to the date that the action for dissolution is commenced. Then you multiply the length of the marriage with the corresponding percentage as outlined in the statute. Below is the formula for maintenance length, effective January 1, 2019: MARRIAGES – DURATION PERCENTAGES FOR SPOUSAL MAINTENANCE
So when is the perfect time to file for divorce? Only you can make that decision, but when you are thinking if or when to file for divorce and trying to figure out if that is the best option, remember to think about some of these big issues. The timing of your possible divorce will have both financial and emotional implications. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/divorce/timing-when-file-for-divorce/ I WORK FOR THE FEDERAL GOVERNMENT AND WITHOUT MY PAYCHECK I CANNOT PAY CHILD SUPPORT. WHAT SHOULD I DO? You can’t read a newspaper or watch the news without hearing about the current government shutdown and the over 800,000 Federal employees who are missing paychecks. Most of the articles focus on Congress or the President and who will budge in this stand-off. The articles that focus on the federal employees look at the impact of going without a paycheck and ask how the employees will pay rent or mortgage, electric bills, or credit cards. However, there is another bill that many parents are worried about: child support. Child support awards are governed by the states and not the federal government. This means each state has its own child support guidelines and ways of dealing with past-due child support. Illinois Child Support Payment Rules and the Government Shutdown In Illinois, the non-custodial parent owes a duty of support to their children. This means even in the case of a government shutdown, an Illinois parent still has a duty to pay child support. Typically, child support is ordered through a Uniform Support Order. Most of the time, these orders require support to be paid on a certain day of the month. If support is late, a late fee or interest could apply. That is why it is best to try to pay the child support on time if at all possible. Options When You Cannot Pay Child Support If you cannot pay the child support, you must figure out what your options are. The first thing you should do is make sure you notify the custodial parent in writing that you will be missing a paycheck while the government is shut down. If you reach out to the other parent, you may be able to work out an agreement to delay the support payments until you get your paycheck. Any agreements should be reviewed by an attorney to make sure they will be upheld by the Court. CHILD SUPPORT ORDER MODIFICATION Another option is child support modification. Illinois allows for modification of child support order under 750 ILCS 5/510. In order to modify child support, the Court must find that there was a substantial change in circumstances. While losing a job can constitute a substantial change in circumstances, the failure to receive paychecks due to a government shutdown may not constitute a substantial change. Modifying a child support order due to such a change would be up to the individual judge. ABATE CHILD SUPPORT FOR A PERIOD OF TIME When you request a modification, you can also ask the judge in the alternative, to abate your child support for the period you are not receiving a paycheck. A judge may be more likely to abate the child support payment for a short period of time than modify the child support order when the situation impeding the ability to pay the support is seen as only temporary. The right thing to do will vary depending on the individual circumstances. If you find yourself without a paycheck due to the current government shutdown (or other reason), it is best to reach out to an experienced child support attorney who can guide you through this difficult time. Feel free to contact our office today to schedule a confidential consultation. Our team of experienced and top-rated family law and divorce attorneys will help you make the right choices about child support if you are affected by the current government shutdown. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-support/government-shutdown-affect-child-support/ How the Court Can Evaluate Your Spouse (or Your Child’s Other Parent) for Mental Illness in Illinois Child Custody Proceedings
Often times marriages or relationships terminate due to underlying factors, such as mental health issues. When a parent suffers from mental illness, it can impact all parts of their lives, especially their ability to parent and co-parent with the other parent. In Chicago, we often see allegations of mental health issues raised in family law and divorce proceedings, which the court takes very seriously. When these cases involve children, there are certain remedies the court has to evaluate or otherwise look at the parent’s mental health. Allegations of Mental Health Issues in Cook County Family Law Cases In Cook County specifically, if there are allegations that a parent suffers from mental health issues, depending upon the seriousness of the allegations, the parties could be ordered to Emergency Intervention. Emergency Intervention The parties and the children all meet with the staff in Emergency Intervention, who immediately discuss all issues with all parties and often the children, and prepare a report for the Court later that day, which is then presented to the Judge. If there are underlying mental health issues, Emergency Intervention can make specific recommendations regarding how the Court should proceed. The recommendations can include following the recommendations of a parent’s doctor and having the parent seek treatment, etc. A diagnosis is not given in Emergency Intervention as the staff is not doctors. They are just trained to evaluate the urgent nature of a family law situation and make recommendations to try and resolve the emergency situation, which could include having someone evaluated for mental illness or related issues. Request for a Mental Health Evaluation Illinois Supreme Court Rules do provide specifically for a way for a party to request a Mental Health Evaluation (also referred to as a “215 Evaluation”) by a licensed professional. When there is a concern a party may suffer from mental illness or have mental health issues, a party can request that one be done on the other party. Costs for Mental Health Evaluation The requesting party is forced to pay the cost of the Mental Health Evaluation and transportation of the party undergoing the evaluation, as well as their lost wages, when applicable. The Illinois rules essentially provide that if you want it bad enough, you will pay the costs associated with it. It is an extremely serious remedy and it is only used in the most extreme circumstances. Additionally, if a party requests a 215 evaluation, they should be prepared for the other party to likewise request one of them. These reports are lengthy and often have specific recommendations for treatment if there is found to be an underlying issue. Mental Health Considerations in the Custody Evaluation Another evaluation process where mental health is considered, but there is no diagnosis, would be in what we used to call a “custody evaluation” or a “604.10 evaluation”. The primary purpose of the Custody Evaluation is to see if the parents are fit and if it’s proper for the parent to have parenting time and/or decision making abilities for the minor children, as well as recommendations of what the Court should order based on their findings. The evaluator usually does not make a diagnosis of the parties in this scenario but looks deeply into the parties’ ability or inability to work together, where their problem lies, how it can be addressed. The evaluator will also recommend what a good parenting time and parental responsibility/decision-making plan would be for those parents’ specific circumstances. In this scenario, the evaluator looks at both parents. It is a thorough process where the evaluator does interviews and often testing to provide assistance the Court needs to reach conclusions regarding the specific issues with custody. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody/parent-mental-health-issues/ How the Court Can Evaluate Your Spouse (or Your Child’s Other Parent) for Mental Illness in Illinois Child Custody Proceedings
Often times marriages or relationships terminate due to underlying factors, such as mental health issues. When a parent suffers from mental illness, it can impact all parts of their lives, especially their ability to parent and co-parent with the other parent. In Chicago, we often see allegations of mental health issues raised in family law and divorce proceedings, which the court takes very seriously. When these cases involve children, there are certain remedies the court has to evaluate or otherwise look at the parent’s mental health. Allegations of Mental Health Issues in Cook County Family Law Cases In Cook County specifically, if there are allegations that a parent suffers from mental health issues, depending upon the seriousness of the allegations, the parties could be ordered to Emergency Intervention. Emergency Intervention The parties and the children all meet with the staff in Emergency Intervention, who immediately discuss all issues with all parties and often the children, and prepare a report for the Court later that day, which is then presented to the Judge. If there are underlying mental health issues, Emergency Intervention can make specific recommendations regarding how the Court should proceed. The recommendations can include following the recommendations of a parent’s doctor and having the parent seek treatment, etc. A diagnosis is not given in Emergency Intervention as the staff is not doctors. They are just trained to evaluate the urgent nature of a family law situation and make recommendations to try and resolve the emergency situation, which could include having someone evaluated for mental illness or related issues. Request for a Mental Health Evaluation Illinois Supreme Court Rules do provide specifically for a way for a party to request a Mental Health Evaluation (also referred to as a “215 Evaluation”) by a licensed professional. When there is a concern a party may suffer from mental illness or have mental health issues, a party can request that one be done on the other party. Costs for Mental Health Evaluation The requesting party is forced to pay the cost of the Mental Health Evaluation and transportation of the party undergoing the evaluation, as well as their lost wages, when applicable. The Illinois rules essentially provide that if you want it bad enough, you will pay the costs associated with it. It is an extremely serious remedy and it is only used in the most extreme circumstances. Additionally, if a party requests a 215 evaluation, they should be prepared for the other party to likewise request one of them. These reports are lengthy and often have specific recommendations for treatment if there is found to be an underlying issue. Mental Health Considerations in the Custody Evaluation Another evaluation process where mental health is considered, but there is no diagnosis, would be in what we used to call a “custody evaluation” or a “604.10 evaluation”. The primary purpose of the Custody Evaluation is to see if the parents are fit and if it’s proper for the parent to have parenting time and/or decision making abilities for the minor children, as well as recommendations of what the Court should order based on their findings. The evaluator usually does not make a diagnosis of the parties in this scenario but looks deeply into the parties’ ability or inability to work together, where their problem lies, how it can be addressed. The evaluator will also recommend what a good parenting time and parental responsibility/decision-making plan would be for those parents’ specific circumstances. In this scenario, the evaluator looks at both parents. It is a thorough process where the evaluator does interviews and often testing to provide assistance the Court needs to reach conclusions regarding the specific issues with custody. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody/parent-mental-health-issues/ PARENTING TIME, FORMALLY KNOWN AS VISITATION, WHEN THE CHILD IS SICK Sure, it is great when parents are able to truly co-parent for the sake of their children. However, everyone is not so lucky. Many people spend a lot of time working on Allocation Judgments and Parenting Plans in court so that they have something to go off of, especially when the parents are unable to communicate effectively. Sometimes parents just end up with whatever the Judge orders when they cannot come to an agreement. Power of a Good Parenting Plan We often tell our clients that the parenting plan is mainly there for times when the parents are not getting along and are having trouble agreeing on something important. If parents are able to talk things out and take into consideration life and the changes that come along with it, then everyone is usually a lot happier. Life Is Unpredictable – Plan for the Unexpected For instance, let’s say the parenting plan states that the mother of the children is to have every Christmas Eve and the father is to have every Christmas Day. What happens when something unexpected happens? What if the child breaks his wrist ice skating on the morning of Christmas Eve and the parents and the child spend most of the day at the hospital. Now, mom’s family reschedules their annual Christmas Eve Lunch to Christmas Day. Is the father going to allow the child to spend lunch on Christmas Day with his mother and her family or are they abiding strictly by the Parenting Plan? If the parents are able to communicate effectively and think about the child then they should be able to work something out to make sure the child gets to spend time with both families for the holidays, just like every year, despite the time spent in the hospital. What about if the child is not so lucky and his parents cannot come to an agreement on parenting time? Parenting Plan Trouble for HGTV Star Recently an HGTV star was in the news for something somewhat similar. The mother and father follow a parenting plan that states the child is to spend Thanksgiving Day with the child’s father. The mother is to drop the child off at the father’s home the night before Thanksgiving. Apparently, the child was not feeling well and the mother decided to keep the child home and bring the child to the father the next morning. It sounds like the child was going to be traveling with the father for Thanksgiving, as the mother took the child to the airport that morning. Failure to Follow the Parenting Plan Brings Unwanted Attention The father was reportedly angry at the mother for not following the parenting plan. Now we do not know all of the facts of this incident but we do know one thing. These parents may have hit a bump in their co-parenting journey or they are still working on getting to a better place to co-parent more efficiently. We do not know the details but I think it is safe to say that the parents will be better off when they can both think about the child. We cannot say if one or the other is. There is just a breakdown in their communication and co-parenting if something so small as the child being sick was able to get so much media attention. Could the parents have communicated better to come to an agreement that worked for them and the child in the event their child was not feeling well? The bottom line is that they did not come to an agreement when life happened and therefore, they probably should have followed the parenting plan. Parenting Plans Can Solve Problems Ahead of Time No one wants to be told what to do when it comes to raising their child but when both parents are actively involved in the child’s life, they sometimes need some assistance. This is when the parenting plan is valuable. PLAN FOR WHEN THE CHILD IS SICK Some people actually put provisions for the child being sick in their parenting plans. Then when the child is sick, they still have something to follow if they cannot come to an agreement. It could be that if a child has an excessive fever the child is going to stay home and the other parent can have make-up parenting time the next week or when the child is feeling better. When parents work together to figure out solutions to possible problems ahead of time, it is very beneficial when the problems arise. There is a lot to think about when drafting a parenting plan. In the Best Interest of The Child? So, what is best for the children? This is a phrase that most people are familiar with and what courts are concerned with. Usually, parents parent their children freely and as long as they are not neglecting them or doing something to harm them there are no issues. Michigan Mother Charged For Child’s Truancy Recently there was a story out of Michigan about a mother who was not making sure her child got to school. This was a six-year-old child. The child had reportedly missed 26 days of school. These were unexcused absences. That means that the mother did not even bother to call and tell the school why the child was not there- no doctors note, nothing! This mother ended up being charged for the child’s truancy. She pled guilty in May of 2018. The Judge gave her some time to prove herself and therefore delayed sentencing but ultimately the mother was sentenced to five days in jail, had to pay a fine, and she is on probation. This county in Michigan has a program called “Operation Graduation.” They believe children should not be deprived of education because education is good for the public at large. Parents need to make sure their children are getting to school or are at least making reasonable efforts to get them there. The county is trying to help improve school attendance for the children who are missing too many days. Although this story came out of Michigan, everyone can relate to the message. Not getting your children to school can negatively impact you and the child. Parenting Time Issues Arise When Child’s Needs Aren’t Met Let’s say you are currently fighting over where the child spends most of their time. If you are having trouble getting the child to daycare or school on time each morning or are not taking them as you should be, how is that going to impact your case? Most likely the Judge is going to be pretty upset with you. Children need reliable parents. They need parents than place the child’s needs in front of their own. Now, what if you are out of court and the child is with you primarily? Are you are having trouble getting your child to school or daycare on time or, perhaps, not taking them as you should. This could still turn into a problem as we saw in the Michigan case. The school could alert the other parent. If the school thinks you are neglecting the child they will report that. The other parent may decide the child is better off with them. The next thing you know, you are in court again. Focusing on your children and their needs and wishes is the only way to go, especially when you are co-parenting after a divorce or split from the other parent or when you are currently involved in any sort of family law litigation involving the children. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/parenting-time/parenting-plan-issues-news/ It’s crucial to find the right team members to help you get through your divorce. I recommend working with people who have personalities who compliment yours and who will constantly be sure your case is heading in the direction to achieve your goals. Divorce can be emotional, expensive, and extremely confusing. Having the right team members in your cheering section can ease the difficulties. Finding cheerleaders you can lean on, ask for professional guidance, and address your concerns is important. The right team for your divorce can make all the difference. Chose Teammates Who Have Your Best Interests My main piece of advice is meeting with everyone on your team in person prior to officially having them jump aboard your ship. Most professionals possess the competency to do their job. So, I recommend really looking deeper into each relationship and envisioning how they could be an asset to you. Be sure to get a feel for their communication style or general approach to handling cases such as yours. Give a little background information so they can get an idea of what issues you will need to focus on. Building the right team will ease the feelings of doubt and allow you to smoothly turn the page into a new chapter of life. Your divorce team should help you navigate the rocky terrain ahead and hold your hand if necessary. They need to realize the importance of being there for you every step of the way. Be sure to effectively communicate your needs to each team member so your expectations are clear from the beginning. Only chose teammates who truly want to help and have your best interests at heart. What Members Make Up the Right Team for Your Divorce? Here are specific things to look for in each member of your “divorce team”. Family Law Therapist A family law therapist is trained to listen to your concerns and teach you the tools to cope with the stress, anxiety, and anger that often come with divorce. Typically clients who are seeing a therapist regularly during a divorce are able to emotionally process their divorce better and keep sight of the end goal. There are many things that become distracting throughout the divorce process. Divorce can be complex and difficult to navigate alone. Friends are great to lean on but not often helpful in finding a constructive resolution. Divorce rarely goes as expected so it is a good idea to have someone you can count on when random things pop up. Family law therapists help people process similar issues all day and are truly the experts in helping find peace in a gloomy situation. Divorce Attorney Obviously, we recommend hiring an attorney to help direct you through the court system. Although you can represent yourself, there are many advantages to hiring an experienced divorce attorney. People are often hesitant due to the expense, but communicating this concern to your attorney can help. Tell your attorney you want to do your best to save on litigation costs. They will likely recommend tactics such as working out smaller issues with your spouse outside of the courtroom or through mediation. I always recommend meeting with your attorney in person prior to retaining them so you can put a face with a name. Just talking with someone for 30 minutes, can truly get you a solid feel for their communication style and character. If you know you are headed for a contested divorce, you will you need a powerful, strong advocate by your side. If you believe you and your spouse will be able to work most of the main issues, you may prefer an attorney who takes a more collaborative approach to divorce and constantly strives to work towards an agreement. Family Law Judge Although you cannot select your Judge, getting on their good side will definitely benefit your case. You can do this by asking your attorney what the Judge prefers or just general questions of what to wear and how to act in the courtroom. After some time, judges do get to know the litigants. They remember the good and the bad. Some even take down notes of random things they want to remember. Showing a judge that you are reasonable and want to be civil, can go a long way. If you are not meshing with your Judge, you get one opportunity to request a new judge without providing a reason in Cook County. When doing this, you want to keep in mind, having a new judge will often mean starting from scratch. You may have to continually remind the new judge of significant facts that have happened in the past. This could be a good or bad strategy for your case. Supportive Friends and Family Surrounding yourself with loved ones who will support you no matter what is key in a divorce. These are the people who are often most helpful because they’ve seen you at all stages in your life and truly want the best for you. Guardian At Litem If you have children involved in the divorce, you will need Guardian At Litem. If you have a Guardian At Litem (“GAL”) assigned to your case, it is imperative that you have a good relationship with them and demonstrate that you are a quality parent. It can be crucial in determining the time you get to spend with your kids because the GAL provides recommendations to the Judge which are often taken. Building the right team will help you take on this difficult experience and turn it into an empowering adventure. Take your time through the process of selecting team members and keep your main goals in sight. If you’re ready to speak with an experienced Chicago divorce lawyer contact Anderson & Boback. Taking that first step to speak with an attorney about your situation can help you start the process right with a strong advocate at your side. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/divorce/right-team-for-your-divorce/ One aspect of a dissolution of marriage is the division of marital assets. For many couples, the largest asset is their home. The court has two options when it comes to the marital home. If there are not enough assets to equal the equity in the home, or neither party can afford to pay the other party for their interest in the home, the Court will likely order the home sold and the proceeds split. However, if there are other assets or one party can buy the other out, the Court may order the party giving up the home to execute a quit claim deed. Here, we discuss quit claim deeds and how you could use them as a vehicle to facilitate asset division in a divorce.
When Quit Claim Deeds are an Asset Transfer Solution in a Divorce? A quit claim deed is an easy way to transfer interests in a home. A quit claim deed has less formality than a standard warranty deed and makes for a quick and efficient transfer among parties who are divorcing. If you and your spouse agree to execute a quit claim deed, then the question becomes whether to execute the deed before the divorce is finalized or after. If you are the spouse who is receiving the interests from a quit claim deed, it is beneficial to you to have your spouse execute the deed prior to the divorce being finalized. This way you ensure compliance with the agreement and won’t have to go back to court to enforce the marital settlement agreement after the divorce is finalized. Getting the quit claim deed from your spouse prior to the end of the divorce also makes it easier for you to start refinancing and come into compliance with the dissolution of marriage judgment. If you wait to receive the deed until after the divorce, it could take you longer to refinance which could cost extra money. Things to Consider when Processing a Quit Claim Deed Prior to signing a quit claim deed, you will want to make sure that you and your spouse have a fully executed Marital Settlement Agreement (MSA) that has been signed by both parties. Once a quit claim deed is signed, then the party transferring their rights will have no claim to the home. You will want to make sure that there is an enforceable agreement in place because the quit claim deed only takes you off the title, not the mortgage. The spouse receiving the transfer will be responsible for obtaining refinancing of the mortgage. Quit claim deeds are a useful and effective tool for individuals going through a divorce. They make it easy to transfer equity in marital real property and many times, can be drafted by the same attorney you are using in the divorce. It is important that if you are going to sign a quit claim deed, you have your own attorney review the document and have a signed agreement in place. Once the quit claim deed is signed, it is difficult to undo the transfer. If you are going through a divorce and want to explore if quit claim deed is right for your situation, be sure to seek experience legal advice. Feel free to contact our office today to schedule a confidential consultation. Our team of experienced and top rated family law and divorce attorneys will help you make the right choices. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/divorce/quit-claim-deeds-and-divorce/ Many couples filing for divorce chose to remain living together while the divorce is pending. Sometimes couples remain living together for financial reasons, sometimes because they don’t want to be apart from the children, and sometimes because both parties are both too stubborn to move. However, in many of these cases a time comes when it is no longer in the parties’ best interests to remain living together. At that point, what happens? Who has to move during divorce proceeding?
Illinois Law Allows for a Temporary Remedy as to Has to Move During Divorce Proceeding Section 501(c-2) of the Illinois Marriage and Dissolution of Marriage Act allows for a party to request the Court grant them “exclusive possession of the marital residence.” This is only a temporary remedy during the divorce proceeding and does not necessarily mean that the party remaining in the marital residence will be rewarded the marital residence in the divorce. When a Motion for Exclusive Possession comes before the Court, the judge considers whether the couple occupying the same residence jeopardizes the physical or mental well-being of the parties or their children. The Court can only grant this remedy upon due notice and a full hearing unless the Court waives that requirement for good cause shown. The Court’s Goal is to Preserve Status Quo for Children and Well Being of the Parties That brings up the question of how the Court determines who has to leave? During the dissolution of marriage process, the Court attempts to maintain the “status quo.” If the parties have children, the Court will look at keeping the children in marital residence. Which means the Court will look at which parent was more responsible for getting the children ready for school, taking them to school, picking them up, helping with homework, and other issues related to the children. The Court will also take into account what role each party played in disrupting the physical or mental well-being of the other party and disrupting the status quo. The Court also factors in financial considerations, such as who can afford to maintain the marital residence or who can afford to pay rent. An Order of Protection, if Granted, Decides Who Has to Move During a pending Divorce If either party has experienced physical violence or threats of physical violence, the Court can then grant an Order of Protection on an Emergency Basis. The Court can grant an Emergency Order of Protection without notice and hearing. However, once the Court grants the emergency, the other spouse must be notified and will receive a chance to be heard. The Court will then hold a hearing on whether to extend the Order of Protection and may extend it for up to two years. If an order of protection is entered, the party whom the Order is entered against will be forced to leave the marital residence. So, Who Has to Move, Husband of Wife? The Court May Decide Every dissolution of marriage case is different. If the parties can no longer live together and cannot agree on who will remain in the marital residence, the Court makes that determination. If you are going through a divorce and where you need to address has to moves out during the pending divorce, feel free to contact our office today to schedule a confidential consultation. Our team of experienced and top rated family law and divorce attorneys representing your interests during and after divorce. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/divorce/who-has-to-move-out-during-divorce/ |
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