The U.S. has one of the highest incarceration rates in the world and, unfortunately, millions of children may have parents that are in jail or prison at some time in their childhood. Because there are potentially negative consequences for a child of an incarcerated parent, considering a child’s best interest with regard to child custody…Read More
Fighting an Illinois Restraining Order Alleging Domestic Abuse
Unfortunately, domestic violence continues to be a serious problem across the nation and in Illinois. The Illinois Domestic Violence Act (750 ILCS 60/) provides victims a way to get court orders of protection, aka restraining orders, to protect victims and their children from abusers. Although certainly many incidences of abuse can be prevented using restraining orders, sometimes…Read More
Who Plays a Role in Illinois Child Abuse and/or Neglect Cases?
Typically, many parties become involved in a child abuse and/or neglect case, which can sometimes make it difficult for parents of the child to figure out who’s who and what their roles are. Typically the case will involve multiple individuals advocating for the child’s best interests: State’s Attorney The States attorney represents the Department of…Read More
Questions to Ask Before Hiring a Divorce Lawyer
If you are considering divorce, you may be looking for an experienced Illinois divorce lawyer to guide you through the process. When meeting with an attorney for an initial consultation, there are a number of questions you may want to ask before hiring the attorney so that you have a general idea of what you…Read More
Tug of War Over Frozen Embryos in a Divorce
With the number of frozen embryos reaching 1 million in the U.S., many predict that legal disputes over frozen embryos will increase when couples divorce. In cases such as these, one spouse may want to keep the embryos to conceive children at some point in the future, while the other spouse does not. Many state…Read More
December 2018 Firm News
The weekend of December 8 was the mid year meeting of the Illinois State Bar Association. Attorney Michael Strauss attended a meeting of the Family Law Section Council of which he is the vice chair, due to be the chair starting July 1, 2019. Attorney Gary Schlesinger attended a meeting of the Civil Practice and…Read More
Spouse Delays Refinancing Marital Home Following Divorce
Divorcing couples who jointly hold a mortgage may agree that one spouse will keep the family home by buying out the other’s interest or trading it against another asset. Of course, because both parties’ names are on the mortgage, the spouse retaining the home must refinance the mortgage to remove the other spouse’s name, clearing…Read More
Dividing Home Equity in a Divorce
Whether you and your spouse decide to sell the marital home and split the profits or one spouse is going to buy out the other, you will want to have a professional appraisal of your home to determine the fair market value. Most real estate appraisals are based on comparable sales, meaning houses that are…Read More
Job Loss – Child or Spousal Support Modification
If you are paying spousal maintenance or child support following a divorce, you may wonder what happens if you lose your job. You may be surprised that you could be obligated to pay whatever you were paying while employed, so it is important to discuss your circumstances with an attorney before you assume anything. There…Read More
Motions for Substitution of Judge
Every litigation attorney is all too familiar with having to tell their clients, “Shut your mouth when you are in front of the Judge.” Try as you might, there is always that one client who thinks he or she knows more than you and Judge and has to get in the last word. In the…Read More
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