In April 2013, petitioner, Julie Ann Julie, filed a petition for an emergency order of protection against respondent, Joseph John Joe III, pursuant to section 214 of the Illinois Domestic Violence Act of 1986 (Act) (750 ILCS 60/214 (West 2012)).

Julie’s petition for an emergency order of protection alleged that Joe :

  1. Threatened her when he was mad,
  2. Installed an application on her phone to monitor her activity,
  3. Would not let her get a job,
  4. Controlled her access to money, and
  5. In April 2009, hurt her wrist and arm and forced her to have sex with him.

She also sought…

One aspect of a dissolution of marriage is the division of marital assets. For many couples, the largest asset is their home. The court has two options when it comes to the marital home. If there are not enough assets to equal the equity in the home, or neither party can afford to pay the other party for their interest in the home, the Court will likely order the home sold and the proceeds split. However, if there are other assets or one party can buy the other out, the Court may order the party giving up the home to…

Do I Have to Pay Child Support When My Child is Away from their Primary Residence

Some families have arrangements where a minor child is not at their primary residence for extended periods of time. The reason why the child is not at their primary residence is something that would be considered when determining if child support would still need to be paid.

Child Support Orders Remain In Place Until Modified

First and foremost, if there is an order requiring child support to be paid, it must be paid. The child support order remains in place until it is modified, and it cannot be modified until a request is made. That means that if, for example, you lose your job in September but don’t…

After the filing of a Petition for Dissolution of Marriage or the filing of a motion related to parenting issues, most counties in Illinois require that the parties attend mediation. You can elect to choose the court’s mediation system or engage in private mediation. The court’s mediation system is provided free of charge but may have a long waiting period. Private mediation is faster but costs the parties money to attend.

What Exactly is Mediation?

Mediation is a settlement process that takes place with the assistance of a neutral third-party. A mediator can be an attorney who oversees the mediation process between two parties…

Joint Custody versus Sole Custody — What’s the Difference?

One of the largest misconceptions parents have prior to splitting up or going through a divorce is related to the difference between sole, joint custody, and residential custody. Prior to beginning divorce or child custody proceedings, many litigants mix up the terms “sole custody” and “joint custody” and “residential custody”. It is very important to clearly understand what these different terms mean prior to initiating litigation so that you can obtain the best result for your family.

Legal Custody in Illinois

Under current Illinois law, joint custody and sole custody each refer to what we call legal custody. …

When a parent has supervised parenting time in Illinois, it means that someone is charged with chaperoning the parent during their parenting time. Sometimes it is a paid person and sometimes it can be a trusted friend or relative. It can also be a social worker and the visit can take place at the parent’s home or at a designated facility. When you have supervised parenting time, it means that you cannot be with your children for any length of time unless the supervisor is there with you. …

Many people are concerned about divorce and pension plans and what will happen to those plans and any other retirement accounts upon finalization of a divorce. People seem to think that if the pension plan is solely in their name (which it typically is), then their pension is theirs alone and they do not have to share it with their spouse when they divorce.

Pension Plans are a Marital Property Subject to Division in Divorce

Family courts consider pension plans an asset of the marriage, however, and you will need to divide your pension right after the divorce of your spouse. If you and your spouse both have a pension plan…

If you find yourself about to begin a custody battle or fight for parenting time, there are some things you want to keep in mind and some things you want to avoid making the process smoother and better for everyone. Keep in mind that a fight over custody is difficult for everyone involved, including the children. The fight will be emotionally, physically, and financially draining so it is important to keep the following in mind to mitigate any damage that can be done. Children are very aware of their surroundings and when things change. …

Should you be hiding money before divorce? Or, what about spending or transferring money before divorce?

I seem to get a lot of questions like this lately.

When people are considering a divorce and seeking out a divorce attorney, they always want to know what they can do with their money. Can they take all of their money out of the bank? Can they take half of it and secrete it from their spouse? Can they spend it?

Dissipation and Spending Money Before Getting a Divorce

Under the law, when a party in a divorce case takes money and spends it, it can be considered dissipation. For such…

In family law cases, clients often wonder what is mediation and if they should do it. Mediation is not binding on you, and typically a neutral mediator will sit down with both parties in an attempt to reach an agreement. When you “mediate” you are bringing out issues you would like to resolve. Both parties typically have issues that need to be worked out, things like, how old should our daughter be before we allow her a cell phone? Or who is going to keep the house? Should we sell it or will one of you refinance it?

Mediation is…

Anderson & Boback Family Law

When Everything Is On The Line, You Need An Attorney You Can Trust, That Will Advocate & Fight For Your Family! We Can Help!

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