Anderson Boback & Marshall Blog
The Benefits of a Settlement
It is no secret that in Family Court, most Judges prefer that the parties settle the cases amongst themselves. They will try to engage in a settlement with the parties, through counsel, by providing guidance and recommendations at case management and pretrial conferences. Sometimes, settlement can be a difficult sell to a person who has already taken the steps towards
How to “get rid of” an adverse order
In Illinois family law cases, sometimes orders are entered which are adverse to clients. Clients often ask if there are ways to get rid of an order. Sometimes, the answer is yes, but it is situational and the primary way to determine if the order can be removed depends upon how and why it was entered. Agreed orders, those orders
Restricting Parental Responsibilities
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, nothing in the statute requires
Moving with a minor child
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 parents. However, many parties realized
My Attorney Filed a Petition for Fees Against Me
As optimistic as a person often is at the beginning of a case thinking they have found the “right” attorney for them, the reality is that relationships are hard, even professional ones. It is not uncommon to have more than one attorney in a case. The problem comes, however, when you continue to owe attorneys fees to your prior attorney
Modifying the Allocation of Parental Responsibilities- Part Two: Decision-Making
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 However, those are outdated terms.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 parental responsibilities” instead. Parental responsibilities
How to Avoid a Default Judgment
When a divorce or family law case is initially filed with the court, the filing party must provide the other party with notice. This is called Service of Process. This is done by serving the other party with a Summons and a copy of the document that was filed. (Example: Petition for Dissolution of Marriage). A Summons is an official
