Domestic Partnership vs. Marriage

 Posted on July 26, 2013 in Divorce

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How to tell your Kids about Divorce

 Posted on July 22, 2013 in Divorce

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New Study Links Money Arguments to Divorce

 Posted on July 19, 2013 in Divorce

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Celebrity Chef and Art Collector to Split

 Posted on July 17, 2013 in Divorce

According to MyFoxChicago, “celebrity chef Nigella Lawson and art collector Charles Saatchi say they intend to conclude a ‘swift and amicable’ divorce” by the end of July. Neither plans to receive any financial help from the other—meaning that an amiable divorce is all the more likely. According to MyFoxChicago, Lawson and Saatchi “separated after a newspaper published photos last month of Saatchi grasping his wife’s throat during an argument at a London restaurant.” Lawson hired “powerhouse divorce lawyer” Fiona Shackleton, who has previously represented bigwigs such as Paul McCartney and Prince Charles. Saatchi, on the other hand, will represent himself for their initial divorce decree, which is due to be announced at the end of July. Unlike Lawson and Saatchi’s split, many celebrity divorces are mired in tabloid- loving money issues for extended periods of time. Others make headlines for the outrageous settlements reached. Katie Holmes is thought to have received nearly $20 million after her split from Tom Cruise, not including the amount of child support she sought, according to the Huffington Post. Michael Jordan, reports the Huffington Post, reportedly paid $168 million to his ex-wife Juanita “when the 17-year marriage ended in 2007.” While average Americans don’t deal with numbers quite like these, reaching a settlement during a divorce can be costly and overwhelming for both parties. According to Chicago Magazine, “for a contested divorce that ends up in court, the parties will spend, on average, $20,000 to $25,000.” Working with a qualified family lawyer, however, to reach an uncontested split could be worth it. “Mediation isn’t for everyone,” reports Chicago Magazine, “especially not for openly hostile couples,” but if you and your soon-to-be-ex think you could work with out, it could save you thousands down the road. If you or someone you know is considering divorce , especially if you want it to be amiable, contact a Kane County divorce attorney today. Image courtesy of imagerymajestic / FreeDigitalPhotos.net

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Victims of Domestic Violence

 Posted on July 12, 2013 in Divorce

The first step that many people take when trying to get out of an abusive relationship is to obtain an order of protection. To prevent domestic violence, an order of protection, or restraining order, is a legal document that states that the abuser must stay away from the victim for a certain amount of time, and that the abuser can be arrested for violating the order. A person can obtain and order of protection by requesting one after criminal charges have been filed against the abuser, asking a Kane County family law attorney to request one, contacting your local domestic abuse hotline or by asking for one yourself at the local clerk’s office. Some people, after being abused still decide to move away to get away from their abuser. If you decide to stay in a place where your abuser can get to you though, you should take precautions at your home to protect yourself. Change your locks in case your abuser has a key, add a security system including outside lights and smoke alarms and arrange for your work calls to be screened. Also ask neighbors to call the police if they see the abuser and always report violations of an order of protection. If you choose to leave and get away from your abuser, be sure to involve the police for safety and bring with you the following:

• ATM cards, credit cards and your checkbook

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Divorce Finances- Planning for Your Future

 Posted on July 07, 2013 in Divorce

Divorce is very troublesome and exhausting for everyone involved. Not only has a relationship that was supposed to last a lifetime fallen apart, but children must adapt, and finances must be split. The couple has to split their assets and money and create new, separate, homes. Along with the emotional turmoil, there are also plenty of financial difficulties as well. To be prepared for the financial burden, follow these steps:

• Document your finances from the last five years. Include tax returns, investments, and assets like your home, vehicle and liabilities. This will be helpful to determine child and spousal support and especially if you believe that your spouse is hiding anything from you.

• Discuss division of property with a Kane County divorce attorney. Understand that some assets are valued differently than others. Assets are rarely split 50-50, but the values of what each spouse will take away in the divorce will be split equally.

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Order of Protection Hearings

 Posted on July 03, 2013 in Family Law

A Kane County family law attorney can help you today if you´re facing abuse.[/caption] Unfortunately, abuse within a household is too common and often occurs between spouses. If a person abuses his or her spouse one time, then it is very likely that it will happen again. It is important for the abused to get out of the relationship and get protection from the abuser as soon as possible so that the abuse will be stopped for good. Orders of Protection are granted for a person if they fear for their safety from another person, and are sometimes known as restraining orders. There are different types of orders, depending on how quickly the order is needed, and for how long. Hearings for Orders of Protection are held just as any other court case. The accuser speaks first, explaining why the order is needed, then the alleged abuser has an opportunity to defend himself or herself. The judge then decides whether or not an Order of Protection necessary. There are no juries at these trials. This decision may take anywhere from a few hours to a few weeks. One of the types of Orders is an Emergency Order of Protection, which can be granted in addition to a long term order during the weeks between the hearing and the decision. If the accused chooses to not be present on the day of the court appearance, the hearing will go on without them and the judge will make a decision based only on the accuser’s argument. If the accused believes that the court will side with the accuser, it is even more important for the accused to show up to the hearing so that he or she can present his or her side of the case. Although there is no jury, both parties do have the right to an attorney at your Order of Protection hearing. Contact a Kane County family law attorney for assistance. Goostree Law Group will help you with your Order of Protection hearing today.

Photo courtesy of Ambro/FreeDigitalPhotos.com

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Illinois Child Custody Facts

 Posted on June 30, 2013 in Divorce

When parents are going through a divorce, it is very difficult to deal with emotionally as the relationship falls apart and both spouse’s lives are uprooted. Having children makes divorce even more difficult, because parents must put their personal issues aside and put the children and the children's needs first. Here are some facts that answer frequently asked questions about Illinois child custody and how it might affect your situation:

• The court has the power to decide the custody of the child if the parents live in different states, or if the parents have recently moved to a new state. The Uniform Child Custody Jurisdiction and Enforcement Act determines which state is considered the “home state” of the child. The home state is Illinois if the child has lived there for at least six months or has moved out of Illinois within the past six months.
• If parents have some significant connection to Illinois, Illinois state courts may also hear the custody case.

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Prenup Basics

 Posted on June 26, 2013 in Divorce

Putting aside the age-long question of the value of a premarital agreement, a.k.a. prenup, couples considering them must ensure that they meet the state minimum statutory requirements. Most couples hire a family law attorney to draft them professionally in order to avoid any potential issues. However, even with attorney help, here are a few things that couples should keep in mind. Unlike most contracts, prenups become effective once the marriage is official. Nothing of value needs to be exchanged, what contract lawyers refer to as consideration, is necessary in order for the contract to be valid. Second, prenups must be in writing and executed by both parties voluntarily. Generally, prenups set forth what is marital and non-marital property, and the method of distribution of said property in case of a divorce. Aside from property division, prenups can also cover spousal support, what laws would apply in case of a divorce and common issues that may arise. However, prenups may not adversely affect the right of a child to support. Another benefit of prenups is that couples may amend them after the marriage if circumstances change, provided that the same formalities are met (i.e., changes are in writing and signed by both parties). While a valuable planning tool, the history of prenups is rife with abuses, forcing the Illinois legislature to create certain defenses to enforcement. An otherwise valid prenup, is unenforceable if the party seeking to avoid it can show that it was not entered into voluntarily, its terms are one sided and there was inadequate disclosure of assets prior to its execution. This usually arises in the context where there is an uneven distribution of wealth. The wealthier spouse can afford to hire a family law attorney to draft the agreement for both spouses without the other spouse being represented by an attorney. In these cases, courts will be particularly suspicious of the motives of the party that had an attorney. Entering into a premarital agreement has long lasting consequences and each spouse should have an experienced family law attorney review the agreement prior to signing it. At Goostree Law Group, we have represented St. Charles clients with their family law needs, including premarital agreements.

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How is a Visitation Schedule Determined?

 Posted on June 23, 2013 in Divorce

Part of any divorce agreement that involves children is a child custody agreement and a visitation schedule. The parent that the children live with is the custodial parent. The parent that is living outside of the child's permanent home is the non-custodial parent. Child custody in Kane County can be changed with the help of an attorney if your current situation is not working for the children. Sometimes, custody and visitation agreements come easily, while other times it can be a definite point of contention. Most states divide the parenting time in an 80/20 split with the custodial parent having the children 80% of the time. The division may include things such as visitation with the non-custodial parent every other weekend, one weeknight during the week (depending on where the parents both live), a few weeks out of the summer vacation, as well as divided holidays. The schedule is determined by several factors, such as the age of the children and the geographic location of the parents. The schedule will be amended to accommodate things such as the extracurricular activities of the children. It is important to remember that the most important thing is that both parents actively participate in the children's lives. The children are going to go through the transition of not having both parents in the home. They deserve to have both parents in their lives, unless one is deemed an unfit parent. It is important to remember that visitation and child support are two separate issues that do not intertwine in any way. If the father does not pay his ordered child support, that does not give the mother just reason not to adhere to the order for visitation, and vice versa. If you have questions regarding establishing or amending an order for visitation or child custody in Kane County, contact an experienced Kane County family law attorney. Your family attorney will look over the existing order and make recommendations. If you choose to follow the recommendations, your lawyer can also represent you in family court.

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