Divorce is a difficult experience. It can be made more difficult when minor children are involved. If the divorcing parents can not work out the details of child custody and visitation, child custody litigation is the only way to a resolution.
It is important for everyone to understand the players in child custody litigation. Both
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Grandparent Standing for Custody or Guardianship
In today’s society, it is not unusual to find children living with grandparents, aunts, uncles or even friends. Sometime the children’s biological parents are in and out of the children’s lives, maybe even more out then in. These circumstances can be temporary, but they are often permanent or grow into permanent arrangements. In these situations, the natural…
Allocation of College Expenses & Retroactivity
The amount and/or percentage of a parent’s obligation for contribution to their children’s college expenses is a matter often left undetermined in a divorce settlement or judgment for dissolution of marriage. Unless the parties have agreed in advance to the allocation of the expenses, one of three situations is present: 1) the settlement agreement or…
New Law: Right of First Refusal for Child Care
Every new year brings new laws and amendments to old laws. One law that has gone through many changes over the years is the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Beginning January 1, 2014, the State Legislature has forged a new tool that is now available to protect the best interests of children and to encourage…
What Are Grounds for a Divorce
Q&A forums on legal issues, and especially divorce and family law questions, are popular on the Internet. One question seems to be asked more than most: what are grounds for a divorce. The issue of grounds is fundamental, but many people have the wrong idea of the significance of grounds in the divorce process. Many…
Marital Property vs. Non-Marital Property
Marriage is the joining of two people together into one family unit, and that includes their property. Many married people consider their property in the following terms: what is yours is ours, what is mine is ours and what is ours is ours. No distinction between “marital property” and “non-marital property” is made: they view…
Your Children in Divorce
Going through a divorce is one of the most difficult things you will ever face in your life. You well-being and your children’s well-being will depend, in large measure, on your ability to gain some larger perspective, to take a long term view of things and to see the big picture. As intense as the…
Child Support – This is Real Life
Understandably, many (most) people hate dealing with the court system. In dealing with the issues of child support and maintenance, going to court can be a good thing. Especially regarding child support, the courts take on a very important role of protecting the children to ensure they are receiving the proper amount of support. Take…
The Initial Attorney/Client Meeting
In keeping with the previous blog about marriage, commitment, divorce and life after a divorce, taking a step back prior to proceeding with a divorce is often a wise course. Often times I, and other attorneys here, have often consulted with clients who want to get an idea of what a divorce would be like…
Family Law: A Perspective on Divorce
Kevin G. Drendel
Most people realize that “Family Law” is a misnomer. Most people associate “Family Law” with divorce, and rightly so. Attorneys who practice family law usually have a high volume of divorce cases and follow up “post judgment” litigation involving maintenance (formerly known as alimony), child support, change of child custody and so…