Tag Archives: Family Law
5 Things Not To Do When Getting A Divorce
During the course of a divorce, most couples often make mistakes that make their case a hard nut to crack. Most commonly, the tension is high, which can lead to poor decisions and irrational actions. The road of divorce isn’t rosy; but you can’t afford to make mistakes either. In that case, here are… Read More »
Counseling In Divorce Cases
Franks & Rechenberg, PC believes all persons we represent in divorces will benefit from counseling. Studies indicate three of the most stressful events in a person’s life are death of a close family member, divorce, and moving. Family law proceedings often involve two of the most stressful events in an individual’s life, so we… Read More »
Child Decision Making Responsibilities and Allocation of Parenting Time
If decision making responsibilities of your children are not in issue, we need only address the issue of allocation of parenting time. If you anticipate you and your spouse can work out allocation of parenting time, I suggest your agreement merely provides that allocation of parenting time be “reasonable.” Such a provision is desirable… Read More »
Using Qualified Domestic Relations Orders to Collect Child Support
Imagine a situation where a potential client walks into your office with a child support issue they want you to fix. It could be the non-custodial parent quit their job, moved to a different state, or just simply fell off the face of the earth. As you are collecting information on the facts of their… Read More »
Recongizing Postnuptial Agreements in Illinois
Postnuptial agreements sometimes get a bad rap, but like their prenup counterpart they can be a powerful planning tool for married couples. As in the case of any contract, a postnup must be entered into voluntarily by the parties, and the familiar contract-law protections against coercion and mistake apply. And Illinois law requires a… Read More »
Family Law – 2017 Year in Review
Collaborative practice codified It’s been used for nearly three decades in more than two dozen countries and every state in the U.S. But starting January 1, 2018, the interdisciplinary model of conflict resolution known as collaborative law will be formally codified here through the Illinois Collaborative Process Act. Used most often in family law… Read More »
Social Security and Divorce
How is Social Security Affected by Divorce? According to Federal statute, Social Security benefits are not divisible in divorce proceedings, and therefore cannot be considered a marital asset subject to distribution. However, federal law does not prohibit the division of pension benefits that are received in lieu of Social Security. In some jurisdictions, courts… Read More »
Who Gets Fido in your Divorce?
How Do You Decide Who Gets the Family Pets? Effective January 1st 2018, a new Illinois divorce law will let a judge decide who is the best parent for the family pet. Previously, companion animals were treated like furniture in a divorce. They were divided up between the splitting couple as part of the… Read More »
Name Change After Divorce and a Better Approach to Maintenance
Family Law and Divorce Changes for 2018 On September 22, 2017, HB 2537 became Public Act 100-0520: http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=100-0520&GA=100. This new bill makes changes to the Code of Civil Procedure and the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which has been the subject of a major overhaul in the past few years. The… Read More »
Email Service of Legal Documents in Divorce Cases
The Law of Email Service Effective on July 1st 2017, email service is required and the death bell has rung for service by fax. Faxing documents is no longer the proper method for serving them. In addition, attorneys must now include an email address when they themselves can be served with documents on all… Read More »