For many people, pets are more than just animals. They are beloved 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
Continue Reading »
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.
Continue Reading »It is common for parties to live apart throughout the divorce proceedings. Sometimes a spouse may move in with a friend or family member. Maybe the parties can afford the rent for an apartment on top of their monthly mortgage for the marital residence. Perhaps the parties own more than one residence, to begin with.
Continue Reading »
According to Sections 602.5 and 602.7 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.7), courts in Illinois are to allocate parenting time and decision-making responsibilities according to a child’s best interests. There is a presumption that both parents are fit and courts should not place any restrictions on parenting time. However,
Continue Reading »
One issue that is commonly brought up in cases involving young children is the issue of moving away from their current residence. The old law in Illinois used to be that you could not “remove” the minor child from the state of Illinois without permission from the court or a signed agreed order by both
Continue Reading »
As discussed in Part One of Modifying the Allocation of Parental Responsibilities, many people are familiar with the terminology “custody” and “visitation” when thinking of child-related issues in dissolution and parentage matters. However, those are outdated terms. As of January 1, 2016, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) began using “allocation of
Continue Reading »
