233 W. Wilson Street, Batavia, IL, 60510

Posted by on in Child Custody

Illinois divorce attorney, Illinois family law attorney, Illinois custody attorney,There have been a number of changes made to Illinois family law that went into effect January 2016. The reasoning behind these changes dates back to spring of 2015 when the Illinois state legislature passed a measure that looked to update the Illinois Marriage and Dissolution of Marriage Act (IMDMA) on multiple areas of focus. After Senate Bill 57 was signed by the governor in August 2015 adjustments to the laws were expected to begin at the start of 2016. Whether you are going through a divorce, just went through one, or are considering having a divorce, these key revisions to Illinois family can change the way you have been parenting based on the previous laws of 2015.

Child Custody Then vs. Now

Last year at this time, Illinois law provided two options for parenting situations. Divorced or separated parents had the option of either sole custody or joint custody. Sole custody was when one parent would be granted the authority for important decision-making regarding their child, while joint custody meant that both parents would have to share responsibilities. At the beginning of 2016, the law went into place that states that parents must work together in raising their child and each parent’s rights will be fully respected and protected.


Illinois divorce attorney, Illinois family law attorney, Illinois property division attorney,Despite the changes in society’s norms, as well as the federal legalization of same-sex marriages, the Illinois Supreme Court is still standing by a 1979 ruling regarding the rights of unmarried domestic partners when it comes to any property their former partner owns.

In Hewitt v. Hewitt, the Court had to decide whether or not Illinois marital laws applied to a couple who had lived together as husband and wife but who were never legally married. The couple, who had three children together, lived in a “family-like relationship” from 1960 to 1975. When they split, the woman (the plaintiff) filed for divorce, which was eventually dismissed based on the fact that no legal marriage license was ever obtained, nor did the couple ever have any kind of marriage ceremony.

Since the man (the defendant) did not contest paternity of the children, any issue of child custody and/or support was covered under the state’s Paternity Act. The court instructed the plaintiff to file specific motions of what she was seeking regarding property and assets owned by the defendant. The lower court ruled against the plaintiff, but that decision was overturned by the Appellate Court, which ruled in her favor. That decision, however, was overturned by the Illinois Supreme Court, who ruled that the woman was not entitled to any of the man’s property or assets, despite living together for 15 years, based on a “policy of discouraging cohabitation between unmarried parties and disfavoring nonmarital children.”


parents, Batavia family law attorneyIt is that time of the year again – summer is winding down and children are heading back to school. This time of year can be hectic enough, with shopping for new school clothes, school supplies, arranging for before and/or after-school care. However, for divorced parents, there can often be the added stress of not only ensuring your child has a great school year but also of dealing with your ex. Even in the friendliest of breakups, there can be some contentiousness that develops over back-to-school issues. Following these tips can help the school year go more smoothly.

Make Routines Routine

Children thrive on routine. Having a consistent schedule of dinner, homework, and bedtime – whether they are at Mom’s house or Dad’s house is much healthier, as well as a lot less stressful for a child, who may be also be dealing with the emotional effects of the divorce.


assets, Batava divorce attorneyIn an Illinois divorce, one of the major decisions that the judge needs to determine is just how the property that the couple has acquired during the marriage should be divided. When most people hear the words “property division,” the items that usually come to mind are the family home and any other real estate a married  couple might own; the family vehicles; and savings, checking, retirement and other financial accounts.

There are several other assets that couples tend to overlook as they are making their property lists, and these items can be just as valuable, as well as being a good negotiating tool during divorce negotiations. These assets often include:



Posted by on in Divorce

children, Batavia family law attorneyWhile the stigma surrounding the social implications of divorce has certainly lessened in the past few decades, there is still the question of whether or not divorcing when you have children is better or worse for the kids themselves. Most psychologists agree that staying in an unhealthy marriage is not good for children, but some argue that it is not better for a child to grow up without both parents, no matter what their relationship is like. These psychologists believe that a child is more apt to grow up stable if he or she has the structure of a two-parent home, and sees two adults working together in some capacity to raise him or her, regardless of the inner workings of their very personal relationship. Yet staying in an unhealthy marriage just for the kids may do damage not only to the children when they are young, but can also have lasting effects.

Cooperative Examples

The first point here negates the idea that a child is better off if he or she has the opportunity to see two adults working together to run a household, even if their relationship is not great. That is to say, a child is perhaps more sensitive to emotional implications and burdens of their parents than we may like to admit. Children can feel the tension between their parents, and this often leads to emotional scars and wounds that are not recognized for what they are, even as they are developing. A child who grows up in a joyless house, for example, even while she may have a broad understanding of partnership without love, may have trouble seeking joy in her adult life. A child who grows up in a home in which his parents do not respect each other may have trouble finding and giving respect later in life.

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