Posted on May 16, 2024 in Divorce

In any child custody dispute, an Illinois court tries to accommodate both the rights of the parents and the best interest of the child. When those two things conflict, the court will side with the child’s interests. To determine what is in the child’s best interest, courts can use several tools at their disposal, one of which is a psychological evaluation.

A psychological evaluation of one or both of the parents can be ordered by the court if the judge is concerned that the parent may be harmful to the child. However, a spouse can also request that the other parent be evaluated.

Psychological evaluations are taken seriously by courts and should only be ordered in certain cases. If you feel your co-parent needs to be evaluated, first speak with an Illinois child custody attorney who can advise you on how to proceed.

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 Posted on May 08, 2024 in Divorce

Illinois is a no-fault divorce state, which means that spouses who want to get divorced do not need to show that someone is to blame for the divorce. A court only needs to know that there are “irreconcilable differences” such that the marriage cannot survive.

Unlike some other states, Illinois divorce law does not generally care whether a spouse engaged in marital misconduct. Courts are not allowed to take such misbehavior into account when:

• Deciding how assets should be divided

• Making decisions about family maintenance, including spousal support and child support

There are certain cases, however, in which marital misconduct can impact a divorce. An Illinois divorce attorney can help you understand how your specific divorce might be affected.

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 Posted on May 07, 2024 in Asset Division

When navigating an Illinois divorce, splitting assets in an equitable manner is crucial to the dissolution of the marriage process. But what if your spouse is not as forthcoming about his or her finances as you are? There are three common methods your spouse may use in an attempt to hide assets in your divorce. Understanding these tactics can ensure that, if your spouse does attempt to hide assets, you can be ready to identify his or her deceitful actions and make sure they do not influence your final divorce decree and damage your financial future.  

The knowledgeable attorneys at Goostree Law Group are ready to defend your rights throughout your divorce and ensure your spouse does not get away with any deceitful actions during the divorce process, such as concealing assets. With more than 80 years of combined experience, clients can trust that we know the law and are ready to fight for them.

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 Posted on May 03, 2024 in Paternity

When a woman gives birth in Illinois, her husband is automatically considered the legal father. This is also the case if:

• The parents divorced less than 300 days before or after the birth.

• The parents entered into any other kind of legal relationship, such as a civil union, within 300 days of the birth.

If the parents do not enter a legal relationship, however, then the law does not assume that anyone is the father. In this case, the father must declare his fatherhood and, in some cases, prove it. This is called establishing paternity.

However, if the father does not want to establish paternity, the mother can take certain steps to force paternity to be established.

This article will discuss why establishing paternity is important and how it can be done without the father’s consent. If you want to establish paternity, consult with a qualified Illinois paternity lawyer who can help you through the process.

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 Posted on April 30, 2024 in Child Custody

In some high-conflict divorces, one spouse tries to harm the other spouse with false allegations of abuse. He or she accuses the other spouse of engaging in physical, emotional, or sexual abuse against an adult or child. These allegations can affect the accused spouse in severe ways. For example:

• It can cost him or her child custody.

• He or she can receive prison time.

• He or she can be burdened with a criminal record.

Law enforcement and the Illinois Department of Child and Family Services (DCFS) are required to take every accusation seriously. If a report is made against you, an investigation will be opened. As soon as you think you are the victim of a false report of abuse, contact an Illinois divorce attorney who can help you begin crafting your defense.

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 Posted on April 25, 2024 in Child Custody

Parents who get divorced in Illinois are required by law to submit a parenting plan to the court. A parenting plan is a legal document that outlines the parameters of child custody, such as:

• Whether the parents share joint custody or if one of the parents has sole custody

• How the parents split parenting time, otherwise known as physical custody

• How decision-making responsibilities are divided between the parents

• Transportation arrangements for shuttling the child between the parents

• Parenting schedules

Hopefully, the parents will be able to communicate with each other and place the best interests of their child first. In that case, they will probably submit a joint parenting plan to the court. Otherwise, each parent must submit his or her own. Either way, a parenting plan should be created with the help of an experienced Illinois attorney. 

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 Posted on April 25, 2024 in Divorce

Not all divorces are equal. Some divorces come suddenly and shockingly, while others are expected and a long time in coming. In the latter case, the spouses may have separated for months before the divorce. One of the spouses could have moved out, and one or both spouses may have found new romantic partners.

While there is no law against having an affair, it can affect your divorce and you should check with a qualified Illinois attorney before starting a serious relationship before your marriage ends. This article will discuss three ways an affair can affect your divorce.

Your Affair Can Affect Alimony

In many divorces, one of the spouses — called the "payor" — is required to pay alimony to the other spouse, called the "payee." 

Under Illinois law, the payee can receive spousal support only as long as he or she is not in a "supportive relationship." A supportive relationship is a relationship in which the partners are expected to financially support each other. This means:

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 Posted on April 22, 2024 in Spousal Maintenance

When a couple gets divorced, one party is often required to financially support the other. This is referred to as spousal support, spousal maintenance, or alimony. Illinois law gives courts wide discretion in deciding whether alimony must be paid, how much payments should be, and how long they should last.

That being said, many factors go into consideration when a court makes decisions about spousal support. This article will discuss some of those factors and when a spouse may receive alimony for life.

Keep in mind there is no actual formula that will tell you if you are entitled to lifetime alimony. The best way to determine this is to consult with an attorney who is familiar with the family courts in Illinois and can give you a professional assessment.

How Does a Court Decide Whether to Order Alimony?

When making decisions about alimony, a court will look at several factors, including:

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 Posted on April 19, 2024 in Child Custody

Parental alienation, which is when one parent tries to interfere with the relationship between a child and her other parent, sometimes happens in hostile marriages or divorces. Parental alienation affects the child deeply and can even be viewed as a form of child abuse in Illinois. In 2013 the Illinois legislature designated the month of April as Parental Alienation Awareness Month.

Because parental alienation is a serious concern, it is also a serious accusation and has legal consequences. Make sure you know the signs of parental alienation and what actions you can take if your child is being estranged from you.

If you suspect that your co-parent is alienating your child from you, contact a qualified family lawyer in Illinois who is experienced in parental alienation matters.

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 Posted on April 16, 2024 in Child Custody

While parents and courts try to make parenting time arrangements as stable and consistent as possible, sometimes plans change. The child is then forced to adapt, which can increase confusion for a child already suffering from it.

For this reason, some parents choose to put a “first right of refusal” clause in their parenting plan. This article will discuss what a parenting plan is and why you might consider requesting the first right of refusal.

As always, it is best to consult with an experienced family lawyer if you have any questions about parenting time.

What is a Parenting Plan?

One of the things parents who are getting divorced must do is create a parenting plan. A parenting plan, according to Illinois law, is a legal document that establishes how parenting rights and responsibilities will be distributed between the two co-parents. It includes, for example:

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