Latest News & Updates
Think Twice Before Posting Online About Your Divorce
Today some people post on blogs or online forums about their personal information and opinions. This information is then available for an untold number of strangers to read. A party going through a contested divorce case may be tempted to fire off a comment or blog...
Tips for Non-Custodial Parents To Consider
Although 50/50 parenting time is on the rise, most Chicago-area divorce cases involving children and custody cases still result in one parent being the primary residential custodian. The parent who has less time with the children is usually known as the non-custodial...
Unmarried Illinois Couples
Recent news stories claim that young people are getting married less often, and when they do get married, the age at which they marry is much older than previous generations. It seems that more couples are “cohabiting”–living together without being married–either as a...
Waiving Illinois Child Support and Chicago Custody Law
In some Chicago custody law matters, parents wonder whether they can waive Illinois child support in exchange for sole custody. Parents have a legal obligation to provide financial support to their children. This obligation is for the child’s benefit and not for the...
Will the Affordable Care Act Lead to More Chicago Divorces?
The Patient Protection and Affordable Care Act (“Affordable Care Act”), a.k.a. “Obamacare” was signed into law by President Obama in 2010. Many of the provisions are now coming into effect. One of the key features of the Affordable Care Act is the change which bars...
Business Interests In A Divorce
When a spouse owns a business the business may be a marital asset. In a Chicago divorce, if either party has an interest in a business that business can be appraised and if it is a marital asset it may be equitably distributed between the spouses. The value of the...
Protecting The Rights Of The Affluent “Parent” In Adoption
A recent Illinois Supreme Court case illustrates the importance of legally adopting a non-biological child if one wants to protect his or her Illinois child custody and visitation rights. Establishing legal parental rights may be particularly important to wealthy...
Do I Have To Tell The Truth In My Chicago Divorce Case?
Yes, parties should be completely truthful in their divorce case and should not mislead the court, the other party or their attorneys. It is illegal to lie or mislead the court. A party should never intentionally make any false statements in court papers, including...
Getting The Information We Need: Compelling Discovery
In previous blog posts we have discussed the risks of not conducting discovery in divorce cases. In this post we will explore what happens when your spouse refuses to participate in the discovery process. When a party issues his or her discovery requests, the requests...
Gay Divorce in Chicago
A party to a same sex Chicago divorce may benefit from seeking counsel from an attorney who has stayed abreast with the recent changes to the law. Chicago divorce attorney Tanya Witt has represented parties in gay divorces. The dissolution of same sex unions in...
Alimony May Increase for Every 5 Years of Marriage
In previous posts we have highlighted some of the risks associated with delaying in filing for divorce. An additional risk that spouses, especially the “breadwinners”, should be aware of is that the timing of filing can significantly impact the amount of maintenance...
Witnesses In Divorce and Custdy Cases
In many Chicago divorce or Chicago custody cases there are no witnesses called by either party. If the dispute between the parties is complex or contentious, however, witnesses could be involved. Witnesses can be fact witnesses or expert witnesses. Fact witnesses, as...
How Student Loans May Affect Your Child Support Payments
Parents who are ordered to pay child support are required to pay an amount that is based on a percentage of their net income. Unlike gross income, which includes all income from any sources, a person’s net income can be determined only after certain deductions are...
Protecting Parental Rights Before a Child is Born
A recent New Jersey case made waves when a Judge held that a mother could exclude the father of her unborn baby from the hospital delivery room at the time of the baby’s birth. Some people were surprised that the parents were involved in child-related litigation...
Name Change Through a Divorce Case
Many spouses take on the surname, also known as a “last name,” of his or her spouse after they are married. It is more common for women to adopt their spouse’s surname, however, some men take on their spouse’s surname and sometimes both spouses change their last name...
Maintaining the Status Quo in a Chicago Divorce Case
One of the many things that judges in the Cook County domestic relations division are interested in is maintaining the status quo that the parties have had prior to the filing of the divorce case. “Status quo” essentially refers to keeping things for the parties the...
Marriage and Divorce in the Media
There is a show on television called “Married At First Sight” in which strangers are matched by relationship professionals. The show represents that the strangers do not meet or even know each other’s names until they marry. Then after a month or so the couples decide...
Illinois Supreme Court Declares Eavesdropping Law Unconstitutional
Under the Illinois Eavesdropping Act, if a person recorded a conversation without all the consent of each person taking part in the conversation, that person would have violated the law and could possibly have been charged with a felony. However, the Illinois Supreme...
The Subpoena: A Powerful Discovery Tool in Divorce Cases
It is important that a party to a Chicago divorce conduct discovery into his or her spouse’s income, assets, and liabilities. Some people going through a divorce may groan and say, “what’s the point, I know my spouse is hiding information from me, and we will never...
Benefits and Drawbacks to Talking about Divorce Before Filing
Many people are nervous about broaching the topic of divorce with their spouse, and justifiably so. There are some potential benefits and drawbacks to bringing up divorce before the case has actually been filed. One potential benefit is that by talking about the...
When a Child Changes Households After Divorce
Most contested Chicago divorce cases and custody cases settle before going to trial. When parents reach an agreement on issues related to their child, one of the attorneys prepares the written parenting judgment. The draft judgment is reviewed and revised by the...