During the divorce process, most parents come to an agreement about how to raise their children. For the most part, this agreement is based on the way the parents were raised, or the way the parties planned on raising their children. For two Hasidic parents in New York, it was not out of the ordinary
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Educational Expenses for Non-Minor Children
If a child is involved in a divorce, it is likely that post-high school educational expenses will be discussed prior to the entry of a Judgment for Dissolution of Marriage, at least to some extent. This can be a major issue, especially if the child is older at the time of the dissolution. However, it
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How Are Pets Treated in Dissolution Proceedings?
For many people, pets are more than just animals. They are loved members of the family. So, what happens to pets when couples divorce? Currently in Illinois, pets or “companion animals” are treated as personal property in dissolution proceedings. If parties are unable to come to an agreement, then the court will want to know
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Bringing a Solid Contempt Petition
Parenting Agreement/Allocation Judgments and Marital Settlement Agreements are extremely detailed documents, which makes it easy for someone to inadvertently violate the order, at some point in time. Inadvertent violations are typically easily resolved without court intervention, because once the violation is pointed out by one party to the other, it is quickly resolved. When a
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Pros and Cons of Private Mediation
After the filing of a Petition for Dissolution of Marriage or the filing of a motion related to parenting issues most counties require that the parties attend mediation. This service is provided by the county free of cost but may have a long waiting period. Another consideration is private mediation. A private mediator is a
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Can my child speak to the Judge?
In cases involving issues of parenting time and decision-making responsibilities, it is not uncommon to hear that a minor child wishes to speak to the Judge. Pursuant to Section 604.10 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/604.10), the Court may interview a child to determine the child’s thoughts and wishes.
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Keeping Children Uninvolved in Domestic Relations Proceedings
Most parties who have an Allocation or Custody Judgment of some sort address the issue of not talking to the minor children regarding court proceedings or financials, such as child support. However, during the pendency of many cases, people who do not have such orders will sometimes engage in these behaviors. This can be very
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When Can I Appeal a Court Order?
There are two different types of appeals: permissive and “as of right”. Permissive appeals are appeals that are done with permission from both the trial court and the appellate court. Appeals that are done “as of right” are those that are final and appealable. If you have gone through a divorce trial and the Judge
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REPRESENTATION OF CHILDREN IN DISSOLUTION AND PARENTAGE PROCEEDINGS
Pursuant to Section 506 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/506) an attorney may be appointed on behalf of a child in any proceeding involving issues such as parenting time, allocation of parental responsibilities, education, etc. A party can file a motion asking for the court to appoint an attorney
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What if I don’t want to comply with a Court Order?
This is an issue which arises in many cases. From doing exchanges of financial disclosures, to doing driving for parenting time, there are many issues which Judges decide and put into court orders that the parties are not happy about. However, court orders MUST be followed. So, if something is in a court order, it
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