Masters Law Group is proud to announce that it has been ranked as a Tier 1 firm in the 2025 “Best Law Firms” rankings by Best Lawyers® and U.S. News & World Report. This esteemed recognition marks another milestone in Masters Law Group’s commitment to excellence in family law.
“We are deeply honored to be nationally recognized as a top-tier law firm,” said Erin Masters, partner at Masters Law Group. “This Tier 1 ranking highlights our dedication to clients and the family law community, particularly in areas such as The Hague Convention, divorce, and child support.”
What the Tier 1 Ranking Means in the “Best Law Firms” List
The “Best Law Firms” rankings reflect an extensive evaluation process based on client and peer reviews, as well as detailed information provided by each law firm. Achieving a Tier 1 designation is a testament to Masters Law Group’s quality of legal services and reputation in Chicago and beyond. These rankings celebrate firms that demonstrate excellence across all tiers and practice areas, highlighting those that clients and peers respect most in their communities.
About Masters Law Group
Masters Law Group is a leading family and divorce law firm with offices in Chicago and Oak Brook, Illinois, serving clients across DuPage, Cook, and nearby counties. Dedicated exclusively to family law, our firm brings deep knowledge and unwavering commitment to each case, addressing even the most complex family law matters.
Our attorneys have extensive experience in domestic relations, managing cases involving divorce, parental responsibilities, and international child abduction through The Hague Convention. Masters Law Group’s Tier 1 ranking in the 2025 “Best Law Firms” list reflects our dedication to delivering compassionate, high-quality representation in family law.
About “Best Law Firms” by Best Lawyers and U.S. News & World Report
U.S. News & World Report is a globally respected authority on rankings, guiding millions of people each month in making informed decisions about education, health, finance, and more. With over 40 million monthly visitors, it serves as a trusted resource for complex decision-making.
For more than 40 years, Best Lawyers has helped clients find top-rated attorneys across various specialties, with recognition based solely on merit—no fees involved. This makes it a distinguished honor that reflects integrity and professionalism.
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process, including client feedback, peer reviews, and additional firm-provided data. To qualify, a firm must have at least one attorney recognized in Best Lawyers in America® for their location and specialty.
The annual “Best Law Firms” list highlights top-tier firms across the nation and by region, featuring insights on critical legal issues from ranked firms, making it a trusted resource for those seeking highly regarded legal representation.
Work With Masters Law Group
Masters Law Group brings a legacy of excellence in Family Law, providing our clients with deep knowledge, seasoned experience, and unwavering dedication. We recognize the complexities of family law matters and are here to guide you with a focus on your best interests—whether through negotiation, mediation, or litigation. Take the first step towards resolution with a trusted family law attorney by your side.
Contact us today to set up your complimentary consultation and see how we can help you navigate your family law journey.
https://www.masters-lawgroup.com/wp-content/uploads/2024/11/www.masters-lawgroup.com-Blog-Banner-2240-×-1000-px-1.png10002240adminhttps://www.masters-lawgroup.com/wp-content/uploads/2020/05/chicago-divorce-lawyer-best-300x96.pngadmin2024-11-27 06:00:562024-12-10 17:58:20Masters Law Group Ranked 2025 Best Law Firms
Masters Law Group is proud to be recognized in the 31st edition of The Best Lawyers in America 2025®, a hallmark of professional excellence and dedication to client success. Known as one of the nation’s most respected peer-reviewed publications, Best Lawyers in America® evaluates the top attorneys nationwide based on their exceptional skill, integrity, and client service.
About Best Lawyers in America®
As part of the 2025 selection, Masters Law Group was regionally ranked in Family Law and Family Law Mediation. Best Lawyers in America® is the oldest and one of the most highly respected peer-reviewed publications in the legal field. With exhaustive peer reviews and evaluations, this recognition is awarded purely based on professional merit, without fees or endorsements. Inclusion in Best Lawyers® is a singular honor and a testament to the professional excellence of those who achieve it.
This year, over 3.2 million evaluations were collected for the 31st edition of The Best Lawyers in America and over 1.2 million for the fifth edition of Best Lawyers: Ones to Watch in America. This prestigious award reflects the achievements of top legal talent nationwide, chosen through Best Lawyers’ rigorous peer-review process. We are honored to be regionally ranked for Family Law and Family Law Mediation—further proof of our commitment to delivering outstanding representation in every case.
About Masters Law Group
Masters Law Group is a family and divorce law firm with offices in Chicago and Oak Brook, Illinois, serving clients across DuPage, Cook, and neighboring counties. Focused exclusively on family law, we bring deep experience and dedication to each case, addressing various matters, including divorce, allocation of parental responsibilities, and other family law issues.
Our recent awards in Family Law and Family Law Mediation highlight our commitment to excellence and our dedication to guiding families through challenging transitions with integrity, empathy, and the highest standard of service. At Masters Law Group, we provide personalized guidance tailored to clients’ unique needs and goals throughout their family law journey.
Meet Our Family Law Partners
Partners Erin E. Masters (Attorney / Family Law Mediator) and Anthony G. Joseph (Attorney / Guardian Ad Litem / Child Representative) bring extensive experience in family law and mediation. Ms. Masters, repeatedly recognized in Family Law and Family Law Mediation, has represented clients in pre-decree and post-decree cases.
“We are honored that Best Lawyers® has recognized Masters Law Group since 2018,” said Erin Masters. “We thank our colleagues for this recognition and our dedicated team for their commitment to serving our clients.” Ms. Masters is a court-appointed Child Representative, advocating for children in high-conflict matters. She has been appointed by the Circuit Court of Cook County to mediate complex family law cases.
Anthony G. Joseph is a dedicated trial lawyer focusing exclusively on family law and is an approved Guardian Ad Litem / Child Representative for the Circuit Court of Cook County. Mr. Joseph has extensive experience in international child abduction and cross-border custody cases under the Hague Convention and the UCCJEA and contributes to publications on civil litigation. For more information on our services and practice areas, see here.
Erin E. Masters
Erin E. Masters is the principal of Masters Law Group, located in Chicago, Illinois. The firm handles family law matters in Cook County and surrounding counties. Masters Law Group concentrates in area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and Hague Convention/ international child abduction matters.
Ms. Masters earned her Bachelors of Arts degree in Psychology from the University of California, San Diego, where she attended on a merit based scholarship, was a member of the Athlete Honor Roll, a participant of the NCAA Division II Track and Field Team and graduated in three (3) years with Provost’s Honors.
Ms. Masters received her Juris Doctorate and Certificate in Child and Family Law from Loyola University of Chicago, School of Law, in May of 2004. She was admitted to the Illinois Bar in November 2004 and to the General Bar for the United States District Court for the Northern District of Illinois in 2005 and the United States District Court for the Eastern District of Wisconsin in 2020. Ms. Masters was admitted to the United States Supreme Court in March 2009.
Throughout her career Ms. Masters has represented a variety of clients, both pre-decree and post-decree. Additionally she has prepared Prenuptial Agreements, drafted Marital Settlement Agreements and Final Allocation of Parental Responsibilities Orders, as well as prosecuted and defended Orders of Protection. Ms. Masters has also successfully litigated matters concerning modification and enforcement of child support,
allocation of parental responsibilities and parenting time.
In addition to representing clients, Ms. Masters is also a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Further, she has also been appointed by the Circuit Court of Cook County to mediate complex family law cases. Since 2016, Ms. Masters has been named “Rising Star” by Illinois Super Lawyers and has been named as an “Emerging Lawyer” by Leading Lawyers. In 2020, Ms. Masters was named “Super Lawyer” by Illinois Super Lawyers.
Masters Law Group recognizes that your family law matter is unique to you and your family. Ms. Masters concentrates her practice in area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and Hague Convention/ international child abduction and other family related matters.
State Bar Admissions:
Illinois
Supreme Court Admission:
Supreme Court of the United States
Federal Appellate Court Admissions:
The United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Tenth Circuit
Federal District Court Admissions:
The United States District Court for the Northern District of Illinois
The United States District Court for the Eastern District of Wisconsin
The United States District Court for the District of North Dakota
The United States District Court for the District of Colorado
The United States District Court for the Western District of Michigan
The United States District Court for the Southern District of Iowa
The United States District Court for the Eastern District of Missouri
Anthony G. Joseph
Anthony G. Joseph is an attorney at the firm of Masters Law Group, LLC. Mr. Joseph received his B.A. degree in Global Economic Relations from the University of the Pacific in Stockton, CA.
He obtained both his J.D. degree and Certificate in Trial Advocacy from The John Marshall Law School in Chicago, Illinois. He was admitted to the Illinois Bar in November 2010, the Federal General Bar and Trial Bar for the United States District Court for the Northern District of Illinois in 2012 and the United States District Court for the Eastern District of Wisconsin in 2020.
Mr. Joseph is an active trial lawyer whose practice focuses exclusively on Family Law, with a particular emphasis on International Child Abduction and cross-border custody issues pursuant to the Hague Convention of 1980 and the UCCJEA. Mr. Joseph also publishes in the area of civil litigation. Mr. Joseph has also served as an adjunct professor at DePaul University in Chicago, Illinois. Mr. Joseph is “AV” Preeminent Rating from Martindale-Hubbell Peer Review, which is the highest peer review rating available and has been named a “Rising Star” by Illinois Super Lawyers in both 2019, 2020 and 2021. Mr. Joseph is also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County.
Mr. Joseph has also litigated cases in both the state court of Illinois and multiple United States Federal Courts involving the Hague Convention of 1980 and international child abduction issues. Finally, Mr. Joseph also concentrates his practice in area of domestic relations, which includes divorce, allocation of parental responsibilities and child support as well as prosecuted and defended Orders of Protection.
State Bar Admissions:
Illinois
Federal Appellate Court Admissions:
The United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Tenth Circuit
Federal District Court Admissions:
The United States District Court for the Northern District of Illinois
The United States District Court for the Eastern District of Wisconsin
The United States District Court for the District of North Dakota
The United States District Court for the District of Colorado
The United States District Court for the Western District of Michigan
The United States District Court for the Southern District of Iowa
The United States District Court for the Eastern District of Missouri
Work With the Best
With a legacy of excellence in Family Law, Masters Law Group offers unmatched knowledge, experience, and commitment. We understand our client’s unique challenges and are here to support you through the legal process. Let us help you prioritize your well-being through negotiation, mediation, or litigation.
Contact us today to schedule a complimentary consultation and discuss your family law needs with an experienced attorney.
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International parental child abduction is not just a distant fear; it’s a harsh reality for many families around the world. In 2023 alone, 4.1% of the 28,886 missing children cases reported to the National Center for Missing & Exploited Children (NCMEC) were family abductions.
Whether it’s the result of an impulsive act by a parent or an orchestrated plan, parental child abduction can be devastating. Thankfully, there are legal protections in place to help prevent this. In this blog, we’ll explore the critical steps you can take to help protect your children and understand your legal rights. Here’s what you need to know.
Understanding The Hague Convention
The Hague Convention on Civil Aspects of International Child Abduction was enacted into law through the International Child Abduction Remedies Act (“ICARA”). It provides that a parent whose child has been wrongfully removed from the U.S. can petition for the child’s return to their country of habitual residence.
Parental child abduction carries significant emotional, psychological, and legal consequences. According to Travel.State.Gov, international parental child abduction involves the wrongful removal or retention of a child outside their habitual country of residence, violating the custody rights of another parent or guardian.
The Office of Children’s Issues within the U.S. Department of State plays a pivotal role in preventing international parental child abduction, whether from or to the United States. It actively supports families involved in abduction cases and upholds the principles outlined in the Hague Convention. Let’s explore some precautions you can implement to help prevent your ex from taking your child abroad.
1. Obtain a Court Order Prohibiting Travel
One of the most effective legal steps is obtaining a court order prohibiting travel. Known as a no-travel order, this legal directive helps ensure that your child cannot be taken outside a designated jurisdiction—a city, state, or country—without your explicit consent or a court’s permission. You will need to present evidence demonstrating concern that your ex may attempt to remove your child from the country. This is crucial if your ex has connections to another country. This includes family ties, dual citizenship, or even employment opportunities abroad.
2. Request the Seizure of Your Child’s Passport
If you suspect your ex of international parental child abduction, request the court to order the seizure of your child’s passport. Your ex could not take your child across international borders without a valid passport. In addition to seeking a court order, you should notify the U.S. Department of State and request that your child be enrolled in the Children’s Passport Issuance Alert Program. This program is designed to help prevent international abductions by alerting you if anyone attempts to apply for a passport for your child. If a passport application is submitted, you will be immediately notified, allowing you to take swift legal action.
3. File for Sole Allocation or Specific Travel Restrictions
Pursuing sole allocation of parental responsibilities or adding specific travel restrictions to an existing parenting plan can help prevent your ex from taking your child out of the country. Sole allocation allows one parent to decide about the child’s welfare, such as education, healthcare, and living arrangements. It’s important to note that sole allocation doesn’t exclude the other parent from the child’s life but centralizes decision-making with one parent.
It’s also crucial to understand that the Hague Convention does not affect or influence decisions regarding the allocation of parental responsibilities. The Hague Convention does not focus on the underlying merits of a custody dispute. Rather, it aims to help secure the prompt return of children wrongfully removed to or retained in another country. The Convention distinguishes between remedies available to protect “rights of custody” and “rights of access.”
Consider requesting travel restrictions in your parenting plan to further solidify your protections. These could include:
Requiring both parents’ written consent for international travel.
Mandating that your child’s passport be returned to the court after each trip.
Appointing a neutral third party to hold the passport when not in use.
What If My Ex Has Already Taken My Child Out of the Country?
If your ex has taken your child out of the country without your consent, time is of the essence. Under the Hague Convention, you can initiate a legal process to demand the immediate return of your child. This process can be initiated if:
The child was wrongfully removed or retained in a country signatory to the Hague Convention.
The child is under the age of 16.
The child was a habitual resident of the country they were taken from.
If the country is a Hague Convention signatory, we can help you file for your child’s return. However, if the country is not a signatory, the legal process becomes more complex, and international diplomacy and local laws will play a significant role in securing your child’s return. Working alongside a Hague Convention attorney can help you navigate this process.
Understanding Exceptions To Immediate Return
The Hague Convention provides a framework for the return of wrongfully removed or retained children. However, there are specific exceptions to the immediate return of a child:
Grave Risk: The court may refuse to return the child if there is evidence that the return would endanger the child’s health or safety. This can include situations where the child might face abuse, neglect, or severe emotional distress. Evidence of such risks must be substantial and specific to the circumstances of the case.
Passage of One Year: If more than a year has elapsed, and the child is well-settled in their new environment, the court may decide that returning the child is not in their best interest. The court assesses whether the child has adapted to their new surroundings and whether a return would disrupt their stability.
Petitioner Not Exercising Custodial Rights: If the petitioner has not been actively fulfilling their custodial responsibilities or has not sought to exercise their rights in the country of habitual residence, the court may consider this in its decision. The focus is on whether the petitioner’s actions align with the parental responsibilities and rights defined by custody arrangements.
How Masters Law Group Can Help
At Masters Law Group, we understand the emotional and legal complexities of parental child abduction cases. Partners Erin E. Masters and Anthony G. Joseph work tirelessly to reunite families and protect children’s best. Here are some ways we can help:
Legal Advice: Child abduction attorneys have experience in family law and parental child abduction cases. They understand the complexities of these situations and can guide your rights and options.
International Support: We work with authorities to prevent international parental child abductions and help ensure your child’s safe return.
Hague Convention: If your child has been wrongfully taken to another country, we can help you facilitate your child’s return to your home country.
Final Thoughts
The fear of your ex taking your child can be overwhelming, but legal protections are in place to prevent this. Our dedicated team at Masters Law Group will help guide you through the process and help ensure your child’s safety. To demonstrate our competence, see our featured Hague Convention case decisions here.
Disclaimer: The content of this blog is intended for informational purposes only and should not be considered as legal advice. While the attorneys at Masters Law Group are fully qualified to handle your legal matters, every situation is unique, and legal advice should be tailored to the specific circumstances of your case. We encourage you to consult with one of our experienced attorneys for personalized legal guidance. Reading this blog does not establish an attorney-client relationship. For professional legal assistance, please contact the Hague Convention Attorneys at Masters Law Group directly.
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November 6th is National Stress Awareness Day—the perfect time to focus on life’s most overwhelming challenges. When it comes to family law issues, one key area that can bring extreme tension to families across the United States: Divorce.
According to the Holmes and Rahe stress scale, divorce ranks as the second most stressful life event, surpassed only by the death of a spouse. Marital separation follows closely in third place, highlighting just how emotionally taxing these life transitions can be. This scale emphasizes the profound impact major life changes can have on mental, emotional, and physical health. Divorce, in particular, affects all aspects of well-being.
At Masters Law Group, we understand how stressful the divorce journey can be. In this blog, we’ll provide practical tips to help you protect your rights and well-being throughout the process. Here’s what you need to know.
Why Reducing Stress Is Essential During Divorce
Divorce is more than just ending a marriage—it is a life-altering event that affects nearly every facet of daily living, from finances and home life to relationships with family and friends. The psychological strain it places on individuals can manifest in many ways, including:
Emotional Exhaustion: The constant emotional rollercoaster can leave you feeling drained, making it difficult to handle the legal and practical aspects of the divorce process.
Poor Decision-Making: High levels of stress often cloud judgment, potentially leading to decisions made out of emotion rather than logic—decisions that can have long-lasting financial or familial repercussions.
Physical Health Issues: Stress has been linked to numerous physical ailments, from sleep disturbances and high blood pressure to a weakened immune system and heart problems. Prolonged stress during divorce can exacerbate these conditions, leaving you even more vulnerable.
Reducing stress during divorce isn’t just a matter of comfort—it’s necessary for your overall well-being. Finding ways to manage and minimize stress will help you make clearer decisions, protect your health, and regain control as you move forward. Let’s take a look at how boundary setting can help reduce stress.
How Boundaries Help Reduce Divorce Stress
While stress is inevitable during divorce, there are concrete steps you can take to manage it. One of the most effective strategies is setting boundaries. Boundaries help protect your emotional space and enable you to maintain control. Here are some practical ways to set boundaries:
Boundaries with Your Ex-Spouse: By limiting how and when you communicate with your ex-spouse, you help protect yourself from unnecessary emotional confrontations. It can be beneficial to keep conversations focused on practical matters to avoid rehashing personal issues.
Boundaries with Family and Friends: Although your loved ones mean well, too much advice or interference can overwhelm you. Establishing boundaries with family and friends can help reduce the pressure of external opinions and allow you to focus on what’s best for your situation.
It’s crucial to adopt strategies that prioritize your mental and emotional well-being. Below are some actionable steps to help reduce stress:
1. Focus on What You Can Control
Divorce often feels like a whirlwind of uncontrollable events, but focusing on the aspects you can control can greatly reduce stress. This includes managing your responsibilities, staying organized, and making decisions based on what’s best for you and your future. Working with a law firm like Masters Law Group can help give you a sense of stability as we guide you through the legal process, allowing you to focus on other aspects of your life.
2. Practice Self-Care
Self-care isn’t just pampering; it’s about maintaining emotional resilience and overall well-being. When you’re emotionally depleted, it becomes harder to make clear decisions and face the challenges of divorce. Meditation, adequate sleep, regular exercise, and therapy can help you process your emotions and develop effective coping strategies. Remember, self-care is not selfish—it’s essential for helping navigate the difficulties of divorce and preparing for the next chapter of your life.
3. Seek Emotional Support
Whether through friends, family, or a therapist, having a strong support system can make a difference. Letting go of anger and resentment is a cornerstone of a peaceful divorce. Instead of harboring feelings of revenge or striving to “win” the divorce, focus on achieving fairness and equity for both parties. Getting the help of an experienced divorce attorney can help you further embrace these principles and lead to a more constructive and less acrimonious divorce process.
4. Rely on Professional Support
During the divorce process, it’s important to have a knowledgeable and experienced legal team to guide you through the complexities. Letting professionals handle the legal details lets you focus on your emotional recovery rather than getting caught up in disputes. Opting for mediation instead of a traditional courtroom battle can significantly help reduce stress and promote cooperation.
Mediation can be an effective option for couples willing to work together and compromise to achieve a positive outcome. It’s particularly useful for couples who have children, as it can help reduce the stress and trauma that children often experience during a divorce. A divorce attorney can represent you during these processes, working to reach a fair and mutually acceptable settlement with your spouse.
Reducing Post-Divorce Stress
The end of the legal process doesn’t necessarily mean the end of stress. Post-divorce life can bring challenges, but prioritizing stress management can help you adjust to your new reality.
Create a New Routine: Establishing a new daily routine can create a sense of normalcy and help reduce the feelings of chaos that often accompany life post-divorce. A structured schedule can help you manage your time and focus on rebuilding your life.
Reassess Your Financial Situation: Financial stress is a major concern during and after divorce. A divorce attorney can help you understand your legal and financial responsibilities and establish financial stability.
Take Time for Self-Reflection: Divorce doesn’t have to be an emotionally draining experience. Reflecting on what you’ve learned and setting new goals for your future can help turn a difficult chapter into a new beginning.
How Masters Law Group Can Help
At Masters Law Group, our DuPage-based Divorce Attorneys provide comprehensive legal representation in all areas of family law, including divorce, allocation of parental responsibilities, spousal support, and property division. We understand that each divorce case is unique, so we take a personalized approach to every client’s situation. From high-conflict separations to amicable agreements, our experienced team is skilled in navigating the legal complexities while helping ensure your rights and mental well-being are protected.
We know how emotionally draining divorce can be, so we offer support at every stage of the process. Whether it’s helping you establish fair co-parenting plans or advocating for fair financial settlements, our goal is to help reduce the emotional toll of divorce. By helping you set clear boundaries, you can mitigate the stress, allowing you to focus on rebuilding your life and embracing the future ahead.
Final Thoughts
This National Stress Awareness Day, take the time to reflect on how setting boundaries can help you manage stress during your divorce and in the aftermath. As you navigate this challenging time, remember you don’t have to do it alone. Our team at Masters Law Group is here to help you manage both the legal and emotional aspects of divorce.
Contact us today for your complimentary consultation and take the first step toward a healthier, stress-managed future.
Disclaimer: The content of this blog is intended for informational purposes only and should not be considered as legal advice. While the attorneys at Masters Law Group are fully qualified to handle your legal matters, every situation is unique, and legal advice should be tailored to the specific circumstances of your case. We encourage you to consult with one of our experienced attorneys for personalized legal guidance. Reading this blog does not establish an attorney-client relationship. For professional legal assistance, please contact the DuPage Divorce Attorneys at Masters Law Group directly.
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With the U.S. ranking 10th in the highest divorce rates worldwide, many couples may find themselves navigating this complex process.Divorce laws in Illinois have specific considerations that require careful attention to ensure your rights are protected and the process moves as smoothly as possible.
Whether you are just beginning to think about divorce or are already in the middle of the proceedings, understanding the legal landscape can make a significant difference in the outcome of your case. In this blog, we’ll answer some of the most frequently asked questions about divorce in Chicago, helping you better understand what to expect during this challenging time.
1. What Are the Grounds for Divorce in Chicago?
In Illinois, the sole grounds for divorce are irreconcilable differences. This legal term means the marriage is no longer working and cannot be repaired. One of the key benefits of this system is that you don’t need to prove specific reasons for the breakdown of the marriage, such as infidelity or domestic abuse, to obtain a divorce. Instead, Illinois law allows couples to end their marriage without assigning fault to either party, making the process less contentious.
Since Illinois became a no-fault divorce state in 2016, proving wrongdoing is no longer a requirement for divorce. To file, at least one spouse must have lived in Illinois for at least 90 days. Additionally, if you and your spouse have been living apart for six months or more, the court will automatically presume irreconcilable differences, further simplifying the process.
2. What Is the Process of Filing for Divorce in Chicago?
Step 1: Filing the Petition: The petitioner files and pays a filing fee.
Step 2: Serving the Petition: The respondent receives the divorce papers.
Step 3: Response: The respondent files an answer to the petition, agreeing or contesting the terms.
Step 4: Discovery: Both parties exchange financial information and other relevant documents.
Step 5: Negotiations: The parties may negotiate a settlement regarding asset division, spousal support, child custody, etc.
Step 6: Trial: If an agreement cannot be reached, the case goes to trial, where a judge makes final decisions.
3. How Are Assets Divided in a Chicago Divorce?
Illinois follows the principle of equitable distribution when dividing marital property. Equitable doesn’t necessarily mean equal, but rather what is fair based on several factors, such as:
Length of the marriage.
Each spouse’s financial contributions and needs.
Value of non-marital property.
Any agreements between the spouses, such as a prenuptial agreement.
Understanding the distinction between marital and separate property is key. The marital property encompasses assets acquired during the marriage, regardless of which spouse’s name is on the title. This includes income earned, real estate purchased, and investments made during the marriage. Marital property is generally subject to division between the spouses during divorce proceedings.
In contrast, the separate property comprises assets acquired before the marriage or received as gifts or inheritances during the marriage but designated as separate. These assets typically remain with the individual who owns them and are not subject to division. Recognizing and understanding the differences between the two is crucial for a fair and equitable distribution of assets during the divorce process. Working alongside a divorce attorney can help you protect your rights and interests.
4. How Are Parental Responsibilities Determined in Chicago?
Child custody, referred to as parental responsibilities in Illinois, is one of the most challenging aspects of a divorce. The courts prioritize the child’s best interests when making their determinations, considering factors such as:
The child’s relationship with each parent.
The child’s adjustment to their home, school, and community.
Each parent’s ability to provide for the child’s needs.
The child’s wishes, depending on their age and maturity.
Illinois law encourages both parents to share in parental responsibilities whenever possible. A parenting plan must be submitted either jointly by both parents or individually, outlining decisions regarding the child’s education, health care, religion, and living arrangements.
5. What Is Spousal Support (Alimony) in Chicago?
Spousal support, or maintenance as it’s called in Illinois, is not automatic in every divorce. The court considers several factors when deciding whether to award maintenance, including:
The length of the marriage.
The financial resources of each spouse.
Each spouse’s earning capacity and needs.
The standard of living is established during the marriage.
In longer marriages or when one spouse has sacrificed career opportunities to support the family, spousal support may be more likely. The amount and duration of maintenance are calculated based on state guidelines. For marriages lasting 20 years or more, spousal support can be awarded indefinitely.
6. Can a Divorce Be Settled Outside of Court?
Many divorces are resolved through alternative dispute resolution (ADR) methods such as mediation or collaborative divorce. These approaches allow couples to settle their differences without needing a courtroom trial.
Mediation involves a neutral third party who facilitates discussions between both spouses, helping them negotiate and reach an agreement on the terms of their divorce. Collaborative divorce is a process where each spouse works closely with their attorneys to negotiate and settle matters cooperatively. These methods can be especially beneficial when children are involved, as they often lead to more amicable solutions that prioritize the entire family’s well-being.
7. How Long Does It Take to Get Divorced in Chicago?
The duration of a divorce in Chicago can vary significantly based on several key factors. Understanding these factors can help set realistic expectations during this challenging time:
Overall, while uncontested divorces may wrap up within a few months, contested divorces can take six months to over a year to finalize. It’s essential to consult with an experienced divorce attorney to understand your situation and the potential timeline for your divorce in Chicago.
Why Should I Work With a Chicago Divorce Lawyer?
While it is possible to represent yourself in a divorce, it can be risky, especially if the case involves complex financial assets or spousal support. Consulting with an experienced Chicago divorce attorney is essential to help protect your rights. At Masters Law Group, our skilled divorce and mediation attorneys are fully equipped to advocate for you and your family. Here’s how we can help:
Experienced Mediators: Erin E. Masters is an approved Mediator for the Cook County Domestic Relations Division and provides private mediation services. Our mediation team has extensive experience in family law and excels at facilitating productive discussions between divorcing spouses, helping them reach amicable resolutions.
Seasoned Litigators: When your case requires courtroom representation, a skilled litigator from our firm will effectively present your case before the judge. We meticulously prepare legal arguments, gather evidence, and develop strategies to help ensure the most favorable outcome for you.
Conflict Resolution: Our attorneys strive to achieve conflict resolution, focusing on finding peaceful, fair solutions for both parties while prioritizing the well-being of any children involved.
Protecting Your Interests: At Masters Law Group, we help protect your legal rights and children’s best interests throughout the divorce process.
Our senior attorneys, Erin E. Masters, and Anthony G. Joseph, are recognized leaders in the field, having been honored by respected publications, including Best Lawyers, Super Lawyers, and Leading Lawyers. This highly esteemed recognition provides you with trustworthy guidance during your divorce process.
Final Thoughts
Divorce is never easy, but having a clear understanding of the legal process can help reduce the stress, uncertainty, and emotional toll. At Masters Law Group, we approach each case with personalized care, helping you be supported and informed at every stage.
With our deep knowledge of Illinois family law and a commitment to compassionate representation, our goal is to help you navigate your divorce as smoothly as possible. Contact us today to schedule your complimentary consultation and learn how we can assist you.
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When domestic violence enters a marriage, it can significantly affect the divorce process, making it crucial to have a clear understanding of your legal rights and options.
Nearly 1 in 4 women and 1 in 7 men will experience severe intimate partner violence. Domestic violence is a widespread problem that touches people from all backgrounds. Its effects cause physical harm and emotional wounds that are endured for years.
As we recognize Domestic Violence Awareness Month this October, it’s essential to understand your legal rights, especially when facing divorce. At Masters Law Group, our experienced divorce attorneys are here to answer the top four questions about domestic violence and divorce. Here’s what you need to know.
What is Domestic Violence?
Domestic violence involves a pattern of abusive behavior used by one partner to gain or maintain power and control over another intimate partner. It can take many forms, including:
Physical Abuse: Hitting, slapping, choking, or any form of physical harm.
Emotional Abuse: Verbal attacks, manipulation, isolation, threats, and undermining a person’s sense of self-worth.
Sexual Abuse: Forcing a partner into sexual activity against their will.
Financial Abuse: Controlling or restricting a spouse’s access to financial resources.
Psychological Abuse: Intimidation, stalking, or constant threats.
Domestic violence is not limited to physical harm. Emotional and psychological abuse can be just as damaging, leaving long-term effects on the victim’s well-being. Recognizing the signs of domestic violence is the first step toward seeking help and protecting yourself and your family. Let’s take a closer look at some of the most commonly asked questions related to divorce and domestic violence.
1. What Effect Does Domestic Violence Have on the Divorce Rate?
Domestic violence—whether physical, emotional, or psychological—often leads to the breakdown of a marriage. Victims may feel unsafe, trapped, or unable to continue the relationship, pushing them toward divorce as a means of escape. Beyond the personal and emotional toll, domestic violence creates an environment of fear and control. This can make it impossible for the marriage to survive.
Research consistently shows that marriages affected by domestic violence have a significantly higher likelihood of ending in divorce. According to a survey published in the National Library of Medicine, 24% of divorces are directly attributed to domestic violence. In these situations, divorce can be a crucial step toward safety and healing for victims. Divorce can also offer legal protections, such as orders of protection. An order of protection can help survivors secure physical and emotional distance from their abuser.
2. How Do You Prove Emotional Abuse in Divorce?
Proving emotional abuse in divorce can be challenging. However, it is not impossible. Emotional abuse can manifest in many ways, including isolation, manipulation, threats, verbal attacks, and controlling behavior. To prove emotional abuse in divorce proceedings, individuals can present various forms of evidence:
Documentation: Keep a journal or records detailing instances of emotional abuse, including dates, times, and descriptions of incidents.
Witness Testimony: Family members, friends, or colleagues who witnessed the abusive behavior can provide testimony.
Professional Reports: Reports from mental health professionals who have treated the victim for emotional distress can be valuable.
Text Messages/Emails: Written communications that show patterns of manipulation, threats, or degrading language can be powerful evidence in court.
An experienced divorce attorney can help victims gather and present this evidence to help ensure their voices are heard and their rights protected during divorce proceedings.
3. Does Emotional Abuse Affect Divorce Settlement?
Emotional abuse can have a significant impact on divorce proceedings, even in a no-fault state like Illinois. While proving abuse isn’t necessary to file for divorce, it can still influence important aspects of the settlement, particularly regarding parental responsibilities and financial arrangements. Here are two key ways emotional abuse may affect a divorce settlement.
Parental Responsibilities
Although Illinois no longer requires fault to be proven for divorce, it can still be relevant in determining how certain aspects of the divorce are resolved. In Illinois, the courts prioritize the child’s best interests when deciding parental responsibilities and parenting time. Emotional abuse—whether directed at the other spouse or the children—can heavily influence these decisions.
If one spouse has been emotionally abusive, it is pertinent to how parenting time is allocated. This may lead to restrictions on visitation rights. These restrictions may include:
Supervised Visitation: The abusive parent may only be allowed supervised visits.
Counseling Requirements: The court may require counseling for the abusive parent before modifying visitation.
Financial Matters
Although Illinois is a no-fault divorce state, emotional abuse can still play a role in how the court views financial matters such as property division and spousal support. While judges typically focus on equitable division of assets, emotional abuse may influence these decisions in the following ways:
Property Division: In Illinois, the length of the marriage can impact how property is divided. If emotional abuse caused one spouse to leave the marriage prematurely, shortening its duration, this could affect the division of marital property.
Prenuptial Agreements: Illinois courts generally uphold prenuptial agreements as long as they were entered fairly, with both parties having independent legal representation and full knowledge of each other’s finances. However, if there is evidence that a spouse was emotionally manipulated into signing the agreement, the court may invalidate or alter certain provisions.
If you’re facing emotional abuse in your marriage and are concerned about how it might affect your divorce settlement or parental responsibilities, it’s crucial to consult a divorce attorney.
4. What is Emotional Battered Wife Syndrome?
Emotional Battered Wife Syndrome describes the psychological impact of long-term emotional abuse within a marriage. While “battered wife” specifically refers to women, the syndrome can apply to anyone who has endured prolonged emotional abuse. Emotional Battered Wife Syndrome is characterized by:
Feelings of Helplessness: Victims may feel trapped in the relationship due to fear, shame, or economic dependence on their abuser.
Low Self-Esteem: Constant emotional abuse can erode the victim’s sense of self-worth, making it difficult for them to see a way out.
Denial or Minimization of Abuse: Victims often downplay or deny the severity of the abuse, convincing themselves it’s not “bad enough” to leave.
Post-Traumatic Stress Disorder (PTSD): Many victims of emotional abuse suffer from symptoms of PTSD, including flashbacks, anxiety, and depression.
Understanding the psychological effects of emotional abuse is crucial in divorce cases involving domestic violence. A divorce attorney can help you navigate this complex situation and provide the legal support to secure your safety and well-being.
How Masters Law Group Can Help
At Masters Law Group, we understand how difficult it is to navigate divorce when domestic violence is involved. We are here to help you receive the protection and legal support you need to feel safe and secure. If you are living in DuPage County or the Greater Chicagoland Area, our divorce attorneys are ready to stand by your side and guide you through this challenging time. Here’s how our team can help:
Obtaining Orders of Protection: We can help you secure a restraining order to protect yourself and your children from your abuser.
Filing for Divorce: We guide you through the divorce process, helping ensure your rights are protected and advocating for your safety and well-being.
Parental Responsibilities Support: Domestic violence can heavily influence parental responsibilities. We fight for arrangements that prioritize the safety and best interests of the children involved.
Property Division: In cases involving domestic abuse, we seek fair and just division of assets, helping victims not suffer financially.
At Masters Law Group, we approach every case with compassion and determination. We understand how difficult it may be to escape an abusive situation, and that is why we are committed to standing by your side throughout the legal process.
Community Resources
The DuPage and Chicagoland areas offer a range of services for survivors of domestic violence. These organizations provide critical support:
Family Shelter Service offers comprehensive assistance, including emergency shelter, counseling, legal advocacy, and support groups, making it a vital resource for individuals and families in DuPage seeking safety and help.
The Connections for Abused Women and their Children (CAWC) provides shelter, counseling, legal advocacy, and support services for families, along with a 24-hour hotline and emergency shelter.
Divorces involving domestic violence can be challenging, but you do not have to face this difficult time alone. At Masters Law Group, we understand the sensitive nature of these cases and are here to provide the legal support you need. As we observe Domestic Violence Awareness Month, let us reaffirm our commitment to raising awareness and supporting survivors.
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At Masters Law Group, we are excited to spotlight our talented team, sharing professional journeys, areas of practice, and personal insights into what drives them to help clients navigate their legal family law challenges.
Today, we proudly introduce Anthony G. Joseph, Partner at Masters Law Group and a highly respected international family law attorney. Concentrating on complex family law matters, including divorce and international child abduction, Anthony is known for his unwavering commitment to achieving favorable outcomes for his clients. His deep experience and client-centered approach have earned him a stellar reputation in family law.
Introducing Anthony G. Joseph of Masters Law Group
At Masters Law Group, Anthony G. Joseph is recognized for his sharp legal insight, tenacity, and compassionate approach. He skillfully guides clients through cross-border family law disputes and complex divorce proceedings. His experience in these areas sets him apart, making him a vital asset to the firm and the families it serves.
Anthony earned his Bachelor of Arts in Global Economic Relations from the University of the Pacific in Stockton, California. He later obtained his Juris Doctor and a Certificate in Trial Advocacy from The John Marshall Law School in Chicago, Illinois. During law school, Anthony was an active member of the Family Law Society, which allowed him to develop key skills in negotiation, mediation, and litigation. These experiences laid a strong foundation for his future success in family law, equipping him to handle the complex challenges that arise in high-stakes cases.
Anthony was admitted to the Illinois Bar in November 2010. In his career, he found his passion in family law, recognizing the vital role of advocating for the well-being of families and children. His dedication to the field led to his admission to the Federal General Bar and Trial Bar for the United States District Court for the Northern District of Illinois and the Eastern District of Wisconsin. This expanded his ability to represent clients in federal court.
Areas of Experience
Today, Mr. Joseph is a seasoned trial attorney focused exclusively on family law. He particularly emphasizes international child abduction and cross-border custody disputes under the Hague Convention and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). His practice encompasses a wide range of legal matters, including:
Divorce and Legal Separation: Anthony G. Joseph is a skilled divorce attorney who helps clients navigate the complexities of divorce, from asset division to post-divorce disputes.
Parental Responsibilities Support: Anthony’s core work is protecting the child’s best interests. He is experienced in handling child custody cases (parental responsibilities) involving relocation and international issues.
Hague Convention Cases: Anthony has built a strong reputation for his work on Hague Convention cases, representing parents involved in international child abduction disputes. Understanding international treaties and family law makes him a go-to attorney for these highly sensitive and intricate cases.
Post-Decree Modifications: Anthony assists clients with modifications to divorce or separation, helping ensure that changes in circumstances are addressed and updated accordingly.
Anthony’s deep knowledge of these areas and his ability to empathize with his clients help ensure that every case is handled carefully and precisely. He aims to help families reach resolutions in their best interests while minimizing litigation’s emotional toll.
A Client-Centered Approach to Family Law
Anthony’s approach to family law is defined by his dedication to clients. He understands that every case is unique and requires a tailored approach. He takes the time to listen to his clients, understand their goals, and provide them with clear, honest legal advice. This compassionate approach helps clients feel supported throughout the legal process.
At the same time, Anthony is a fierce advocate in the courtroom. He has a proven track record of success in litigation, particularly divorce cases, international custody disputes, and complex asset division.Anthony believes in empowering his clients with knowledge. He helps clients understand their legal rights and options, allowing them to make informed decisions about their future. This educational approach is one of the many reasons clients feel confident and secure when working with Anthony.
Notable Cases and Achievements
Anthony G. Joseph’s extensive experience with Hague Convention cases has established him as a highly regarded attorney in international family law. He has a deep understanding of international law and is committed to protecting the rights of parents and children. His strategic thinking and thorough understanding of U.S. and international family law played crucial roles in this case’s successful resolution.
In addition to his legal victories, Anthony has received numerous accolades for his work in family law. He has received distinctions such as an “A.V.” Preeminent Rating from Martindale-Hubbell Peer Review, the highest peer review rating available. He has also been named a “Rising Star” by Illinois Super Lawyers for his exceptional work.
Most recently, Anthony was honored as a New Fellow of the International Academy of Family Lawyers (IAFL), a prestigious global organization of legal professionals recognized as family law specialists by their peers. This recognition further solidified his reputation as a top attorney in international family law.
Client Testimonials
We encourage you to read some of our recent client reviews on their first-hand experience with Mr. Joseph below:
Masters Law Group takes its time on how to approach your case. They are very responsive and will listen to any and all concerns. Anthony is great to work with! –M.C.
Anthony was wonderful to work with. He was straightforward, relentless & professional. –D.E
Anthony is a real straight shooter and does not mince words, which I absolutely appreciate in this miserable process. They go above and beyond for you and your children and for what is right. Masters Law Group never gave up the fight, and for that I will forever be grateful. –A.B
Thank you to Masters Law Group for success in my divorce and custody case. Anthony specifically worked on my case and ensured that my rights were protected and the allocations [were] fair. – M.R
I was very overwhelmed and worried about what the future would bring, but Anthony and his team made me feel heard and valued. Every interaction was filled with genuine empathy and kindness. I couldn’t have asked for better guidance, support, and a wealth of knowledge. Highly recommend! – M.E.
I highly recommend Anthony Joseph and Masters Law Group LLC. Anthony showed compassion and professionalism. Our Hague Convention case didn’t even reach the courts, thanks to Anthony’s phenomenal advice and knowledge. I will highly recommend him for family matters and Hague Convention cases. –J.D
Anthony is an incredible lawyer who not only makes you feel super safe but has your back the whole time and will be there for you each step of the way during such a difficult process. He’s heartfelt and loyal and I would recommend his services to anyone who wants the best attorney on their side! –V.P
Masters Law Group was able to find a solution to my problem when other lawyers could not. Great communications from the staff at Masters Law Group as well as from Mr. Anthony Joseph. I’ve learned that family law can be a challenge to many, including myself, but I know I can rely on the lawyers from this legal firm if I need to again. –C.R
Commitment to the Community
Anthony G. Joseph is deeply committed to giving back to the community outside the courtroom. He represents individuals and families who may not otherwise have access to quality legal services. His dedication to helping others extends beyond his professional obligations, reflecting his belief in using his skills to make a positive impact.
Anthony is also actively involved in continuing legal education, often speaking at conferences and seminars on family law, international custody disputes, and the Hague Convention. He is passionate about staying at the forefront of legal developments in his field. This helps ensure he is always prepared to provide his clients with the most up-to-date and effective legal strategies.
Connect With Anthony G. Joseph
Clients who choose Anthony G. Joseph as their family law attorney can expect dedicated, personalized legal representation. He is known for his ability to handle cases with professionalism and compassion. Whether navigating the challenges of divorce or addressing the legal complexities of international child abduction, Anthony brings experience and a commitment to achieving the best possible outcome.
At Masters Law Group, Anthony works alongside a team of skilled attorneys who share his dedication to providing exceptional legal services. Together, they offer clients legal support in all areas of family law, helping ensure their needs are met at every stage of the legal process.
In the meantime, if you want to learn more about Anthony or schedule a consultation, please visit our website at Masters Law Group.
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Understanding parental responsibilities and parenting time in Illinois is essential for anyone navigating a divorce or separation involving children.
The traditional terms ‘custody’ and ‘visitation’ have evolved into ‘parental responsibilities’ and ‘parenting time.’ This reflects a child-centered approach, helping to emphasize shared responsibilities over control. These laws prioritize the child’s best interests and outline each parent’s roles and duties.
While navigating this legal landscape can be challenging, having the right support can help you confidently manage these responsibilities and protect your family’s future. Whether you’re working through a cooperative agreement or facing a contentious situation, having a knowledgeable advocate by your side makes all the difference. Masters Law Group is here to guide you through this critical time. Here’s what you need to know.
What Are Parental Responsibilities in Illinois?
Parental responsibilities include two main categories: 1) Allocation of responsibilities (legal custody) and 2) Parenting time (visitation). Parenting time is a schedule that shows when each parent spends time with the children. This schedule is created and approved by a judge in family court. If the parents can’t agree on the schedule, the judge will decide what’s best for the child and assign a schedule for the parents.
Allocation of parental responsibilities refers to the decision-making obligations each parent will have on behalf of the child. Parents can agree to make these decisions together or divide them into categories, which should cover the following:
Education
Health
Religion
Extracurricular Activities
If the parents cannot agree to divide these responsibilities, an Illinois family court judge will allocate them. Let’s examine the three types of parental responsibilities.
Types of Parental Responsibility Allocations
In Illinois, there are three primary types of parental responsibility allocations:
Joint Allocation: Both parents share decision-making responsibilities in major areas of the child’s life. It does not necessarily mean equal parenting time but requires cooperation between parents.
Sole Allocation: One parent can make all significant child welfare decisions. The other parent still maintains parenting time unless otherwise restricted.
Shared Allocation: Similar to joint allocation, but generally applies when the child spends equal time with both parents and resides within the same school district.
Determining Parental Responsibilities
Parental responsibilities are determined with the primary goal of serving the child’s best interests. The court takes a comprehensive approach, considering various factors to help ensure that the final decision supports the child’s well-being and development. Key factors the court considers include:
The child’s wishes (depending on age and maturity).
The mental and physical health of all parties.
The relationship between the child and each parent.
The child’s adjustment to home, school, and community.
Any history of violence or abuse in the household.
It’s important to note that Illinois law does not automatically favor mothers over fathers. Both parents are considered equally, and responsibilities are allocated based on what will best serve the child’s interests.
Modifications of Parental Responsibilities
Life changes and parenting plans may need to change as well. If significant circumstances arise, such as relocation, shifts in the child’s needs, or changes in a parent’s lifestyle, modifying the existing parenting plan may become necessary. Illinois courts are open to adjusting parental responsibilities when such modifications serve the child’s best interests.
Common Reasons for Modifications:
Changes in the Child’s Needs: If the child’s physical, emotional, or educational needs evolve, adjustments may be necessary.
Alterations in a Parent’s Living Situation: Significant changes, such as relocation, job loss, or health issues, can impact a parent’s ability to fulfill their responsibilities.
Shifts in the Child’s Relationship with a Parent: Modifications may be warranted if the child’s bond with one parent has significantly strengthened or weakened.
Parenting Time: Understanding the Basics
Parenting time is the schedule that dictates when the child will spend time with each parent. It focuses on the child’s day-to-day experiences and maintaining a stable routine. While both parties typically agree upon this, the court can step in when necessary to establish an arrangement that supports the child’s best interests. When one parent fails to comply with the parenting schedule, legal enforcement can help maintain stability for the child. Enforcement actions may include:
Penalties: The court may impose fines or require the non-compliant parent to cover legal fees.
Mediation: Mandated sessions may help resolve disputes and encourage cooperation.
Makeup Parenting Time: Granting additional time to compensate for missed visits due to non-compliance.
If you have any legal questions or concerns about modifying or enforcing a parenting plan, it’s essential to consult with an experienced family law attorney. They can provide tailored advice and represent your best interests throughout the process.
Key Differences Between Parental Responsibilities and Parenting Time
When navigating parenting arrangements, “Allocation of Parental Responsibilities” and “Parenting Time” define a parent’s involvement in their child’s life. While both are critical, they address different aspects of parenting following a separation or divorce. Here’s how they differ:
Decision-Making vs. Time Spent: Allocation of parental responsibilities focuses on who makes key decisions about the child’s upbringing, whereas parenting time pertains to the schedule of physical time spent with each parent.
Legal vs. Physical Custody: Parental responsibilities involve legal rights regarding decision-making, while parenting time refers to where and when the child spends time with each parent.
Shared vs. Sole Arrangements: Both parental responsibilities and parenting time can be shared or allocated to one parent, depending on what’s best for the child.
Understanding these distinctions empowers parents to navigate parenting plans more effectively and reach agreements prioritizing their child’s well-being. Partnering with a family law attorney can provide the guidance needed to manage these complexities confidently.
How Masters Law Group Can Help
Navigating the complexities of Illinois parental responsibilities can be challenging, but you don’t have to do it alone. Masters Law Group is experienced in handling family law cases, including those involving parental responsibilities. Here’s how we can help:
Legal Guidance: We provide clear, informed advice to help you understand your rights and obligations under Illinois law.
Tailored Strategies: Every family is unique, and we work closely with you to develop a parenting plan that best meets your child’s needs while protecting your parental rights.
Mediation and Negotiation: Whenever possible, we aim to resolve disputes amicably through mediation, minimizing stress and preserving relationships.
Court Representation: If your case requires litigation, we have the experience to represent you effectively in court and advocate for your child’s best interests.
Post-Decree Modifications: We can assist with modifying parenting plans if your circumstances change and help ensure that any modifications are legally sound and in your child’s best interest.
Final Thoughts
The allocation of parental responsibilities helps ensure that both parents play a meaningful role in their child’s life, prioritizing the child’s well-being above all. At Masters Law Group, we know how overwhelming this process can be. That’s why we’re dedicated to providing you with the knowledgeable legal guidance needed to make informed decisions. Let us help you protect your rights and your child’s future.
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In this recent Hague Convention case that concluded in the Northern District of Illinois, Masters Law Group championed the rights of the petitioner in a challenging international family law matter.
The case, resolved on August 29, 2024, through a carefully negotiated settlement, highlights the complexity and emotional weight of cross-border parental disputes. This resolution highlights the vital role of international law, particularly the Hague Convention, in helping protect the best interests of children caught between borders.
Case Overview: Northern District of Illinois / Ireland
This Hague Decision revolves around a dispute between the petitioner and the respondent. During a recent video status hearing before Judge Edmond E. Chang, the parties’ counsel, confirmed that they had reached a settlement agreement with the assistance of Masters Law Group attorneys and a magistrate judge. The agreement was detailed in a term sheet submitted to the court.
Key elements of the settlement include the following:
Passport Handover: As part of the settlement, it was agreed that the child’s passport, currently held by the respondent, would be promptly handed over to the petitioner’s counsel. The passport will then be returned to the respondent at the airport on August 31, 2024. The parties agreed to travel back to Dublin, Ireland, on that date.
Next Steps: The court has instructed the petitioner’s counsel to file a status report or a stipulation of dismissal consistent with the settlement agreement’s terms during the week of September 2, 2024. Additionally, a tracking status hearing is scheduled for September 6, 2024. This hearing is to help ensure the settlement is progressing as planned. It’s important to note that no court appearance will be required from the parties.
This settlement reflects the complexity of international parental disputes, where issues of child custody, cross-border travel, and international law converge.
The Role of the Hague Convention
The Hague Convention on the Civil Aspects of International Child Abduction is at the heart of many international parental disputes. It provides a legal framework for promptly returning a child to their country of habitual residence, where custody matters can be properly adjudicated.
In cases like the Northern District of Illinois / Ireland, the Hague Convention is a tool for determining the jurisdictional authority. It also helps ensure that international child abduction does not occur under the guise of custody disputes. The Hague Convention aims to deter international parental child abduction by establishing clear guidelines for the prompt return of the child to their home country, where local courts can then decide custody and visitation issues.
In this case, the settlement terms—including the return of the child’s passport and the agreed travel back to Dublin, Ireland—align with the principles of the Hague Convention. The agreement ensures compliance with international law and helps protect the child’s best interests by facilitating the child’s return to their habitual residence.
The Importance of Legal Guidance in International Custody Disputes
Cases involving international parental disputes, such as the Northern District of Illinois / Ireland, highlight the importance of having legal guidance in navigating complex situations where multiple jurisdictions and international laws intersect. The Hague Convention provides a framework, but the specific circumstances of each case can vary widely, requiring tailored legal strategies.
Working alongside an experienced attorney can help protect a child’s welfare while ensuring compliance with international treaties and local laws. Families facing similar challenges should consult with a Hague Convention attorney with experience in international family law.
Case Results
The court set a tracking status hearing for September 6, 2024, but indicated that no appearance is required. This suggests that the court does not anticipate further issues requiring a hearing. If everything proceeds according to the settlement, the court will record the case as resolved and dismissed.
The settlement agreement promotes a balanced co-parenting arrangement, helping ensure consistent and meaningful contact between the child and both parents. The agreement also encourages cooperation on matters of citizenship and legal concerns. This resolution reflects a collaborative approach to prioritizing the child’s best interests.
At Masters Law Group, we bring experience handling sensitive international family law cases, including those involving the Hague Convention on the Civil Aspects of International Child Abduction. Our team is committed to helping protect the rights of parents and children involved in cross-border disputes.
Our Hague Convention attorneys,Erin Masters and Anthony Joseph, possess comprehensive knowledge in navigating cases under the Hague Convention, enacted through the International Child Abduction Remedies Act (ICARA). If you are facing child abduction proceedings under the Hague Convention, we are here to help. Contact Masters Law Group today to schedule your complimentary consultation.
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At Masters Law Group, we are committed to protecting the rights of parents and children under international law. In our most recent Hague Convention case, we successfully negotiated a favorable resolution for our client, helping ensure the child’s best interests were prioritized.
In this case, which concluded on August 23, 2024, the respondent—represented by Masters Law Group—sought the return of his child, who had been taken from the United States. Masters Law Group, experienced in navigating complex international child custody disputes, recently represented the respondent in a case filed in the Western District of Michigan.
Case Overview: Western District of Michigan / Brazil
On August 23, 2024, the U.S. District Court for the Western District of Michigan approved an agreement between the parties involved. Masters Law Group represented the respondent, who was defending his right to retain his child in the United States. The case concerned whether the child was wrongfully removed or retained from their habitual residence and the appropriate legal remedies to be enforced.
Legal Framework and Key Issues
The Hague Convention on the Civil Aspects of International Child Abduction (“The Hague Convention”) aims to protect children from international abduction by ensuring their prompt return to their country of habitual residence. In this case, the Petitioner sought the return of her child under the Convention, asserting that the child’s removal from Brazil to the United States was wrongful and violated custody rights under Brazilian law.
The primary issue in this case was determining whether the child should be returned to Brazil or if an alternate custody arrangement should be made to serve the child’s best interests. After thorough negotiation, both parties reached a comprehensive stipulation, which the court approved, effectively resolving the dispute. For the reasons stated below, the Court orders that the stipulation be approved and adopted.
The Stipulation Agreement
A stipulation and order is a legal document in which the parties involved in a case agree on certain facts, procedures, or actions and then submit this agreement to the court for approval. Once approved, the stipulation becomes an official court order. The stipulation agreement, in this case, establishes several key provisions to help ensure the well-being of the child and the rights of both parents:
Child Custody: A custody order will be established simultaneously in Brazil and Michigan. The child will live with the mother during the school year and stay with the father during school breaks (summer, winter, and spring).
Visitation and Communication: The father has visitation rights during school breaks in Brazil. The child will communicate daily with the other parent via WhatsApp.
Transportation: Parents will share transportation responsibilities for parenting exchanges. The parent starting their time with the child will handle transportation.
School Arrangements: The child will begin school in Michigan, staying with the father until December 27, 2024. After that, the child will virtually finish the first school semester in Brazil.
Parental Access During Visits: Both parents agree to make the child available for parenting time when the other parent is visiting.
Extracurricular Activities: The child may continue playing soccer while in Brazil.
Passports and Citizenship: Both parents will cooperate in obtaining U.S. and Brazilian passports and dual citizenship for the child.
Attorney Fees: Each parent will be responsible for their attorney fees and costs.
Jurisdiction: The court will retain jurisdiction to enforce the terms until both parties agree to dismiss the matter.
Case Results
The final agreement promotes a balanced parenting arrangement, helping provide consistent contact between the child and both parents. A parenting arrangement helps foster cooperation on citizenship and legal matters. This resolution reflects a collaborative approach to co-parenting, prioritizing the child’s best interests and providing clear guidelines for both parties moving forward. The U.S. District Court for the Western District of Michigan approved and adopted this stipulation as an official court order. Making all agreed-upon terms enforceable under its jurisdiction.
IT IS HEREBY ORDERED that the above stipulation is approved and adopted as an order of this court.
For families facing the complexities of international child custody disputes, it’s crucial to have experienced legal representation. With Masters Law Group by your side, navigating these challenging circumstances becomes more manageable. Your child’s safety is our top priority, and our team of attorneys can help you protect yourself and your children.
Erin Masters and Anthony Joseph have extensive knowledge and experience in cases involving the Hague Convention, enacted through the International Child Abduction Remedies Act (“ICARA”). They are uniquely positioned to help guide you through the legal process and fight for your child’s return to their rightful home.
Contact us today to schedule your complimentary consultation.
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