Tag Archive for: illinois allocation of parental responsibilities

Chicago Divorce Lawyer: Answering Your FAQs

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?

The divorce process in Illinois starts with filing a Petition for Dissolution of Marriage in the appropriate court. One spouse (the petitioner) files the petition, and the other spouse (the respondent) is served with divorce papers. Here’s a breakdown of the divorce process 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.

Divorce attorneys may encourage couples to pursue ADR because it fosters better communication and cooperation. It also helps create a more constructive and less adversarial environment for resolving key issues such as asset division, spousal support, and parental responsibilities.

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.

Ask an Attorney: Top 4 Questions for Domestic Violence & Divorce

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 Chicago Metropolitan Battered Women’s Network serves as a resource hub, connecting survivors to shelters, counseling, and legal aid services throughout the city.
  • 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.

These organizations, along with the Illinois Domestic Violence Hotline and the Domestic Violence Legal Clinic, form a strong network of support for survivors. They offer a range of services that can help individuals rebuild their lives.

Final Thoughts

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.

Contact us today to learn how we can help you protect your rights.

Understanding Illinois Visitation and Allocation of Parental Responsibilities

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:

  1. 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.
  2. 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.
  3. 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:

  1. Legal Guidance: We provide clear, informed advice to help you understand your rights and obligations under Illinois law.
  2. 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.
  3. Mediation and Negotiation: Whenever possible, we aim to resolve disputes amicably through mediation, minimizing stress and preserving relationships.
  4. 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.
  5. 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.

Contact us today to learn more or to schedule a consultation.

4 Must-Dos to Save Your Marriage: Insights from Masters Law Group

Trying to save your marriage feels like protecting a fragile journey that both of you have embarked on together. It’s about protecting the bond that connects your hearts, especially when facing tough times.

Please note: This article is not for individuals in a dangerous or abusive environment. If you or your children are at risk, seek immediate help via this link for Illinois’ Domestic Violence assistance, or call the Domestic Violence Helpline: 

  • 1-877-TO END DV or 1-877-863-6338 (Voice)
  • 1-877-863-6339 (TTY)

The hotline is toll free, confidential, multilingual, and open 24-hour.

63% of people who divorced said having a better understanding of commitment prior to marrying could have stopped their union from collapsing. More than half said that if they had a better understanding of their spouse’s morals and values prior to getting married, they might still be together.

At Masters Law Group, we empathize with the intricate dynamics of relationships, recognizing the strains that may push couples toward contemplating divorce. However, before taking that significant step, there are crucial actions you can take that could salvage your relationship. Here are four must-dos to try and save your marriage, grounded in professional insight and practical advice.

1. PRIORITIZE OPEN AND HONEST COMMUNICATION

Communication is the cornerstone of any successful relationship. Misunderstandings, resentment, and emotional distance can easily creep in without it. Many couples drift apart simply because they stop talking to each other. At Masters Law Group, we’ve seen how poor communication often precedes the decision to file for divorce. If you’re looking to save your marriage, here are some tips to help move communication:

  • Schedule Regular Check-Ins: Make it a habit to sit down and discuss your feelings, concerns, and expectations. This doesn’t have to be formal—sometimes, the best conversations happen over coffee or during a walk in the park.
  • Active Listening: Listen to your partner without interrupting. Validate their feelings and show empathy. Often, people want to feel heard and understood.
  • Avoid Blame Games: Focus on expressing your feelings using “I” statements rather than blaming your partner. For instance, say, “I feel neglected when you come home late” instead of “You never come home on time.”
  • Seek Professional Help: Sometimes, a neutral third party, like a marriage counselor, can facilitate better communication. Therapy can provide tools and strategies to improve your dialogue and resolve conflicts effectively.

2. REIGNITING THE SPARK TO SAVE YOUR MARRIAGE

Over time, it’s natural for the initial passion in a relationship to fade. However, maintaining emotional and physical intimacy is crucial for a healthy marriage. At Masters Law Group, we often hear from clients who feel their marriages have become more like business partnerships than romantic ones. Here are some ways you can help reignite that spark:

  • Date Nights: Regularly set aside time for just the two of you. Whether it’s a fancy dinner out or a cozy night in, make sure it’s something you both enjoy.
  • Surprise Each Other: Small, unexpected gestures can go a long way in making your partner feel special. This could be a handwritten note, a favorite snack, or a spontaneous weekend getaway.
  • Physical Touch: Don’t underestimate the power of touch. Hold hands, hug, and make time for intimacy. Physical closeness can strengthen your bond and reinforce your connection.
  • Shared Activities: Find hobbies or activities that you both enjoy. This can create shared experiences and memories, reinforcing your bond.

3. ADDRESS AND RESOLVE CONFLICTS CONSTRUCTIVELY

Every couple argues—it’s a natural part of any relationship. However, how you handle these conflicts can make or break your marriage. At Masters Law Group, we’ve observed that unresolved conflicts can lead to long-term resentment and, eventually, marriage breakdown. Here are some strategies for conflict resolution:

  • Stay Calm: Avoid raising your voice or letting anger take control. Take a break if needed to cool down before discussing the issue.
  • Focus on the Issue, Not the Person: Attack the problem, not your partner. Stay focused on resolving the issue rather than bringing up past grievances or personal attacks.
  • Compromise: Be willing to meet in the middle. Relationships are about give and take; sometimes, finding a middle ground is the best solution.
  • Agree to Disagree: Recognize that you won’t agree on everything. It’s okay to have different opinions as long as you respect each other’s perspectives.

4. BUILD A STRONG SUPPORT SYSTEM

Having a robust support system can provide the emotional and practical help you need to navigate the ups and downs of marriage. At Masters Law Group, we understand that external support can often provide a fresh perspective and much-needed encouragement during tough times.

  • Family and Friends: Lean on trusted family members and friends who can offer advice and support. They can provide a different perspective and remind you of the love and commitment you have for each other.
  • Couples Therapy: Professional counseling can offer strategies and tools to strengthen your relationship. Therapists can help you understand each other better and work through issues constructively.
  • Support Groups: Joining a support group for couples can provide a sense of community. Sharing experiences with others in similar situations can be comforting and informative.
  • Self-Care: Taking care of your mental and physical health is crucial. When you feel good about yourself, you can bring a more positive attitude to your relationship.

WHEN TO SEEK PROFESSIONAL HELP

Despite your best efforts, there are times when the challenges in a marriage may feel insurmountable. If you’ve tried these strategies and still find your relationship struggling, it may be time to seek professional help. 

At Masters Law Group, we offer comprehensive family law services, including divorce, mediation, and counseling referrals. We aim to help you save your marriage, and we understand that divorce is sometimes the best option for both parties.

Our divorce attorneys are here to help provide compassionate and knowledgeable support through every step of the divorce process. 

FINAL THOUGHTS

In order to help save your marriage requires effort, commitment, and a willingness to seek help. Divorce is a difficult journey, but couples in DuPage County and across Illinois can access professional help to make the process smoother for everyone involved. Masters Law Group offers guidance on divorce and mediation, helping you find the best path forward for you and your family. 

Contact us today to set up your complimentary consultation.

Navigating The Nuances of LGBTQ+ Divorce in Illinois

The end of a marriage is always challenging for the couple involved, and the impact on family members can be significant. This holds true for those in LGBTQ+ marriages as well. If you’re going through a divorce, striving for an amicable resolution is crucial.

Same-sex marriage became legal in Illinois on June 1, 2014, thanks to the Illinois Religious Freedom and Marriage Fairness Act signed by Governor Pat Quinn on November 20, 2013. This law also allowed civil unions in Illinois to be converted to marriages within a year. 

However, despite these strides, LGBTQ+ couples encounter unique complexities in divorce, including legal nuances and emotional hurdles. Support and guidance from a skilled divorce attorney are crucial to help navigate divorce effectively. Here’s what you need to know.

Understanding LGBTQ+ Divorce in Illinois

Navigating a gay divorce involves grappling with legal frameworks that may still be evolving in some jurisdictions. While marriage equality is recognized in many places, the intricacies of divorce laws can vary widely. Moreover, dealing with societal attitudes and biases can add stress to an already challenging situation.

In Illinois, same-sex couples seeking a divorce must adhere to specific criteria. Firstly, they must be legally married. Additionally, they must fulfill the 90-day residency requirement and file for divorce in their county. Irreconcilable differences serve as the primary grounds for divorce, as is the case for all couples in the state. The divorce proceedings typically encompass a blend of out-of-court negotiations, courtroom litigation, and mediation sessions.

Given the intricate nature of divorce proceedings, same-sex couples should seek the guidance of a divorce attorney well-versed in the nuances of same-sex divorce. Getting the help you need will not only help ensure adherence to legal procedures and provide valuable resources for emotional support throughout the process.

Understanding Illinois Asset Division

Asset division can be contentious in any divorce, including for LGBTQ+ couples. Illinois Asset division divides marital property and debts between spouses fairly and equitably. It’s essential to understand that the goal is not necessarily to divide everything equally but rather fairly, considering the unique circumstances of the marriage. Here’s how it works:

  1. Contribution to the Marriage: The court looks at what each spouse brought to the marriage regarding money and non-money contributions like caring for the home or children.
  2. Duration of the Marriage: How long the marriage lasted matters, as it can affect how assets are divided.
  3. Economic Circumstances: Each spouse’s financial situation, including income and needs, is considered.
  4. Non-Marital Property: Things owned before marriage or received as gifts or inheritance during marriage may not be split.
  5. Custodial Arrangements: If there are kids, the court looks at the allocation of parental responsibilities and how it impacts finances.
  6. Spousal Support (Alimony): Whether one spouse needs support payments is factored in.
  7. Tax Consequences: Taxes resulting from asset division are considered to make things fair.
  8. Wasteful Dissipation: If one spouse recklessly spends or wastes money, it can affect the division.
  9. Future Needs: The court considers what each person will need, especially if one is in a tougher spot after the divorce.
  10. Agreements: Any agreements made before or during the marriage, like prenups, are considered if they meet legal standards.

A skilled divorce attorney can help prioritize your best interest regarding asset division. It’s important to note that equitable distribution doesn’t always mean a perfect 50/50 split. It’s about creating a fair and just arrangement based on each family’s unique situation. This process can be tricky, so it’s a good idea to work with a skilled family law attorney to help ensure your rights are protected during asset division in Illinois.

Allocation of Parental Responsibilities

In Illinois, same-sex couples enjoy equal rights to opposite-sex couples concerning the allocation of parental responsibilities and divorce. However, there are distinct legal considerations that LGBTQ+ couples may encounter during divorce. This includes the following: 

  1. The child is born while the spouses are married to each other.
  2. The child is born after the marriage is terminated. It must be within 300 days after that termination.
  3. In the first two situations, the couple attempted to enter into a marriage or civil union “in apparent compliance with the law.” However, that marriage or union is later terminated or declared invalid for some reason.
  4. A person marries the birth mother after the child is born and consents to being added to the birth certificate.

Additionally, the court may evaluate if one parent is unwilling or unable to engage in co-parenting, potentially leading to a sole parental determination. The law encourages parents to collaborate on crucial child welfare decisions, including education, healthcare, religion, and extracurricular activities. Courts prefer shared responsibility between parents and may allocate it to one if necessary. If parents fail to reach an agreement on a parenting plan, a judge may employ the same criteria utilized in opposite-sex couples’ divorces to decide parental responsibilities.

A skilled divorce attorney can effectively advocate for the children’s best interests while nurturing a positive co-parenting dynamic.

Emotional Support and Healing

Beyond the legal intricacies, the emotional toll of divorce can be profound. For LGBTQ+ individuals, facing the end of a relationship can evoke a wide array of emotions, including feelings of isolation, rejection, and uncertainty about the future. It’s essential to prioritize self-care during this challenging time. Here are some tips for navigating the emotional journey of divorce:

  • Seek Support: Contact friends, family, or mental health professionals for emotional support and guidance.
  • Participate in LGBTQ+-Friendly Support Groups: Joining support groups or therapy sessions tailored to the LGBTQ+ community can provide a safe and understanding space to process emotions.
  • Practice Self-Care: Take time to engage in activities promoting relaxation, mindfulness, and self-reflection.
  • Be Gentle with Yourself: Understand that it’s normal to experience a range of emotions during this time, and it’s okay to give yourself permission to feel and heal at your own pace.
  • Focus on Personal Growth: Use this opportunity for self-discovery and personal growth. Explore new interests, hobbies, or goals that bring fulfillment and joy.

Taking proactive steps to address emotional well-being is crucial for navigating the challenges of divorce and emerging stronger on the other side.

Getting The Help You Need

One of the first steps in navigating the nuances of an LGBTQ+ divorce is seeking the guidance of a knowledgeable divorce attorney. Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. We empower you to make informed decisions and strive for an outcome that supports your best interests and your family’s.

As such, we move through settlement negotiations, mediation, or litigation with our client’s assurance and well-being in mind. Whether you are facing an LGBTQ+ contested divorce, uncontested divorce, or civil union divorce, our firm’s divorce attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Final Thoughts

As we close out Pride Month, Masters Law Group reaffirms its commitment to supporting all members of the LGBTQ+ community, including those navigating divorce. By fostering empathy and understanding, we can help LGBTQ+ individuals emerge from divorce stronger and ready to embrace new beginnings. You don’t have to navigate this journey alone. With the guidance of our compassionate divorce attorneys and a supportive community, healing and closure are within reach. 

Contact us today to schedule your complimentary consultation.

Summer Break Tips for Recently Divorced Parents

With the end of the school year quickly approaching in the Chicagoland area, parents are preparing to have their kids back home full-time. For recently divorced parents, summer break can come with its own set of complexities and emotions.

More than a million U.S. children are affected by divorce each year, and according to the Center for Disease Control and Prevention (CDC) roughly 50% of American children will witness their parents’ divorce. Navigating the intricacies of handling divorce is crucial to helping children experience a stress-free and enjoyable summer. Whether you’re facing your first summer as a single parent or a seasoned co-parent, here are some essential tips to help you navigate summer break smoothly.

Understanding Parental Responsibilities

Summer schedules can become complex quickly, with changes in parenting arrangements and the need to coordinate holiday time with a former spouse. Parental responsibilities encompass both parenting time and decision-making authority. Parenting time, formerly called “visitation,” outlines the schedule for each parent’s time with the children. A family court judge determines and approves this schedule and intervenes if parents cannot agree.

Decision-making authority pertains to significant aspects of the child’s life, including education, health care, religious upbringing, and extracurricular activities. Divorced parents can share these responsibilities jointly or allocate them into specific categories. If the parents can’t agree on who gets what responsibility, the Illinois family court judge will allocate those responsibilities among them. Let’s explore some tips to help make your co-parenting a breeze this summer.

Flexibility is Key for Divorced Parents

As the anticipation of summer builds, sitting down with your ex-partner to discuss and plan the upcoming summer schedule ahead of time is crucial. This proactive approach helps coordinate vacations, camps, and other summer activities. A well-thought-out plan can help parents and children look forward to an exciting and memorable summer. With a clear plan, you can preempt last-minute conflicts and ensure that both parents enjoy quality time with their children during this special time of year.

In co-parenting, flexibility is crucial, especially during the summer months when schedules tend to be more fluid. Remember that flexibility benefits you and contributes to a positive experience for your children. By embracing flexibility and working with your ex-partner, you can create a summer filled with cherished memories for the whole family.

Have Clear Holiday Parenting Plans

Summer break often means a break from the usual routine. And if you’re newly divorced parents, it can be a stressful time trying to navigate the change without disturbing the peace. A clear co-parenting plan can provide stability and predictability for you and your children. Take this opportunity to revisit your parenting plan and how you and your ex-spouse share outlined responsibilities and decisions regarding your children. 

If you’re unsure about how to create or modify your co-parenting plan, seeking the assistance of a family law attorney can be incredibly valuable. A family law attorney can offer guidance and legal advice to help you develop a plan that provides clarity and structure throughout the summer season.

Open Communication is Key

Summer is often filled with special occasions and planned trips. Keeping the lines of communication open is a proactive way to discuss any concerns or potential changes to the schedule. This level of openness promotes transparency and can help reassure children that summer can still be enjoyable despite changes in the family dynamic. 

Regular check-ins help ensure that both parents are on the same page. Whether it’s a quick phone call, text message, or face-to-face meeting, check-ins provide an opportunity to address any issues. By prioritizing open communication, you can foster a cooperative co-parenting environment that benefits everyone involved.

Put Your Children First

Parents, caregivers, and educators play a vital role in supporting children emotionally during and after a divorce. Research indicates that children often face significant challenges during this period, particularly in the first year or two post-divorce. It’s crucial to recognize that each child is unique, with their own set of feelings and needs.

Pay close attention to your children’s emotions and requirements, offering support if they struggle with the changes brought about by the divorce. While disagreements may naturally arise, strive to minimize conflicts, especially when in the presence of the children. Cultivate a positive co-parenting relationship, placing the well-being of your children at the forefront of your priorities.

However, if conflicts persist despite efforts to resolve them amicably, seeking assistance from a family law attorney may be necessary. They can provide guidance and support to help navigate legal complexities while ensuring the best interests of your children remain the primary focus.

Work with a Family Law Attorney

If you’re facing significant challenges or disagreements with your co-parent, consider seeking guidance from a family law attorney. An experienced family law attorney can help by providing valuable advice and helping you navigate complex legal issues related to custody, visitation, and parenting plans. 

At Masters Law Group, our family law attorneys focus on helping clients assert their rights to further the best interests of their children. Attorney Erin E. Masters is a court-appointed Child Representative with experience advocating for children in these high-conflict matters. Attorney Anthony G. Joseph is an approved Guardian Ad Litem/Child Representatives list for the Domestic Relations Division of the Circuit Court of Cook County.

With a strong focus on assisting clients in Cook County and DuPage County, Illinois, we offer various services to help parents, children, and families through difficult times like Divorce, Allocation of Parental Responsibilities, and more.

Final Thoughts

Summer break can be a time of fun and relaxation for both parents and children, even after a divorce. By planning ahead of time and communicating effectively to put your children’s best interests first, you can easily navigate the summer months. 

If you require legal assistance, contact a member of our legal team today. Our family law attorneys will work with you to develop an appropriate action plan for your unique needs and goals. We will work diligently on your behalf and provide regular updates.

Contact us today to set up a complimentary consultation.

Divorce In The Forces: PTSD

As we observe Military Appreciation Month this May, it’s essential to acknowledge the challenges faced by military families, particularly when it comes to issues like mental health problems and navigating divorce.

While at its core, military divorce shares common legal aspects with civilian divorces, complexities arise with military pensions, child custody arrangements, and other family law matters, often causing tensions between the separating spouses. Moreover, when mental health challenges such as depression and PTSD, prevalent among military personnel, are factored in, navigating this emotionally fraught journey becomes even more delicate and intricate.

Mental Health in The Military

The lifestyle of military families and the multiple stressors that military partners face can lead to anxiety as well as major depressive disorder. It is important to be aware of such where there’s anxiety; you may also find major depressive disorder.

According to the U.S. Department of Veteran Affairs, 7 out of every 100 Veterans (or 7%) will have PTSD. In the general population, 6 out of every 100 adults (or 6%) will have PTSD in their lifetime. PTSD is also more common among female Veterans (13 out of 100, or 13%) versus male Veterans (6 out of 100, or 6%). We are learning more about transgender Veterans and those who do not identify as male or female (non-binary). PTSD can affect how couples get along with each other. It can also directly affect the mental health of partners.

A subsequent study by Combat Stress asked veterans’ partners about their experiences of living with someone with PTSD. The results showed that partners face challenges, including inequality in their relationship, loss of their own identity, living in a volatile environment, and emotional distress and isolation.

Understanding Post-Traumatic Stress Disorder (PTSD) and Divorce

PTSD is a mental health condition that can arise following exposure to or witnessing a traumatic event. The impact of PTSD can reverberate throughout every facet of a relationship, manifesting in communication breakdowns and even violent outbursts. Common symptoms may include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about an event. 

According to the National Vietnam Veterans Readjustment Study (NVVRS), Veterans with PTSD exhibit a higher likelihood of experiencing marital difficulties. The study revealed that Veterans with PTSD:

  • Are twice as likely to undergo divorce.
  • Are three times more prone to multiple divorces.
  • Tend to have shorter-lasting relationships.

It’s crucial to understand that these symptoms stem not from choice or weakness but from profound psychological trauma. If you are a spouse navigating a partner’s PTSD, patience, compassion, and education are paramount. Let’s explore some tips for navigating PTSD and divorce.

If you need support, you can:

Navigating PTSD & Divorce

Navigating divorce with a military spouse requires a delicate balance of empathy, understanding, and practical support. Understanding what your spouse is going through can help you respond with compassion. While being supportive is important, setting boundaries to protect your well-being is also essential. Make it clear what behavior is acceptable and what is not, and be prepared to enforce those boundaries if necessary.

While these strategies can help manage the challenges of divorce with a spouse with PTSD and other mental health issues, there may come a point where professional help is necessary. Here are some signs that it may be time to seek professional help:

  • Escalating Conflict: If conflicts with your spouse are becoming more frequent or intense, and attempts to resolve them have been unsuccessful, it may be time to involve a professional mediator or divorce attorney.
  • Safety Concerns: If you or your children feel unsafe or threatened by your spouse’s behavior, it’s essential to take steps to protect yourselves, which may include seeking a protective order or filing for divorce.
  • Lack of Progress: If your spouse is unwilling or unable to seek treatment for their PTSD, or if their symptoms are not improving despite treatment, it may be time to involve a mediator or divorce attorney.

Recognizing the right time to seek assistance from a divorce attorney is essential. It’s crucial to work with a divorce attorney who has experience in handling cases involving military families and comprehends the intricacies of PTSD.

What You’ll Need To File A Divorce

If you’re a military family, there are some limitations on what you can do regarding filing for divorce. When couples find themselves struggling to resolve conflict, and divorce seems like more and more of a reality, many parents question whether or not they should stay or pursue separation. Often, the best way to approach possible psychological issues in a military divorce is the same way they should be approached in every divorce, albeit with some unique additions.

The Federal Service Members Civil Relief Act of 2003 requires a person seeking a divorce to state their spouse is not a member of the U.S. armed forces. This rule prevents spouses from divorcing military members who could not attend divorce proceedings.

If your spouse is a member of the military, you can pursue a divorce as long as they consent. However, they have to sign a defendant’s affidavit of consent. Even though there are a few added rules regarding the military divorce process, the remaining process is similar to civilian divorce. You will still need to agree on the following:

In many cases, you can file for a no-fault divorce (Illinois is a No-Fault Divorce State) if you and your spouse agree on the terms of your divorce. If not, however, an experienced divorce lawyer can help mediate your dispute and draft a settlement agreement. 

How a Divorce Attorney Can Help

We understand that military life can be difficult for families, especially when divorce is involved. At Masters Law Group, we consider all aspects of military life when working with our clients during their divorces. Here are some areas where we can help guide you:

  • Parenting Plans: If you have children, it’s essential to work closely with your attorney to determine the most suitable arrangements for allocating parental responsibilities and visitation. We aim to help create arrangements that prioritize your children’s well-being and best interests.
  • Mediation and Alternative Dispute Resolution: We encourage exploring options like mediation and collaborative divorce, which can facilitate mutually beneficial agreements outside the courtroom. Our family law attorneys will skillfully guide you through these processes, representing your interests and helping you secure a smoother negotiation experience.
  • Post-Divorce Modifications: Life can bring unexpected changes even after the divorce is finalized. Circumstances may arise that require modifications to parental responsibilities, visitation, or support arrangements. Our attorneys are here to assist you in addressing these changes promptly and effectively, helping protect your rights and the interests of your children.

Working with a divorce attorney can help you confidently navigate the complexities of divorce and help reduce stress. Your rights and the well-being of your family are our top priorities.

Final Thoughts

PTSD, depression, and divorce can be a match made in hell. If you are seeking divorce in the military, you don’t have to go it alone. At Masters Law Group, we move through settlement negotiations, mediation, or litigation with our clients’ assurance and well-being in mind.

Whether you are facing a contested divorce, uncontested divorce, or civil union divorce in the forces this Military Appreciation Month, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Contact us today to set up your complimentary consultation.

Masters Law Group Welcomes New Associate, Catherine Brukalo

Masters Law Group proudly welcomes Catherine R. Brukalo as its newest family law associate. With a deep knowledge of the legal field, Mrs. Brukalo brings a wealth of experience to the firm.


About Catherine Brukalo

Catherine Brukalo holds a Bachelor of Arts degree from Northwestern University in Evanston, Illinois, and her Master of Arts from University College London in England. Mrs. Brukalo interned at the United States Consulate General in Krakow, Poland, during her time in London. There, she represented the Consulate to various private and governmental organizations. She earned recognition from the United States Ambassador to Poland, Christopher R. Hill.

Legal Experience and Contributions

Associate Attorney Catherine Brukalo

Catherine Brukalo

Mrs. Brukalo earned her Juris Doctorate from The John Marshall Law School in Chicago, Illinois. She would later begin her legal career as a Law Clerk under Supreme Court Rule 711 with the Cook County State’s Attorney. This helped her gain experience in a felony drug courtroom. Since then, she has represented clients in a variety of legal matters. These legal matters include:

  • Personal injury.
  • Wrongful death.
  • Professional Malpractice.
  • Probate.
  • Breach of contract claims.
  • Real estate transactions.
  • Domestic relations.

Mrs. Brukalo is actively involved in the legal community, having served in various capacities, such as a member of the Illinois State Bar Association, Advocates Society, McHenry County Bar Association, and Chicago Bar Association. She has received recognition for her contributions, including a Presidential Commendation from the ISBA President for her work on civics education and being named an Illinois Rising Star and Super Lawyer by Illinois Super Lawyers.

In addition to her legal prowess, Mrs. Brukalo is fluent in Polish and regularly publishes legal articles in a Chicago-based Polish-language newspaper. She is also trained in Mediation and Arbitration and holds certification as a Life Coach. She serves as a Director on the Board of the Niles Chamber of Commerce and Industry in Niles, Illinois.

Mrs. Brukalo’s primary focus at Masters Law Group is domestic relations, handling cases involving divorce, parentage, allocation of parental responsibilities, and child support. Her dedication to her clients and commitment to excellence make her a valuable asset to the firm.

About Masters Law Group

Recognized as one of the Best Law Firms in 2023 by Best Lawyers® and U.S. News & World Report, Masters Law Group is located in Chicago, Illinois, and handles family law matters in Cook County and surrounding areas. It concentrates on areas such as divorce, allocation of parental responsibilities, and other family law matters. Our lawyers, Erin E. Masters and Anthony Joseph have been recognized by prestigious publications numerous times. This not only speaks volumes about their work but also their character.

Working with Masters Law Group

At Masters Law Group, we’re committed to helping you achieve the best outcome in your case. Our attorneys possess unique knowledge, experience, and talent in family law and divorce. With over ten years of experience handling family law cases, we know how important it is for our clients to feel comfortable. That’s why we offer free consultations, where you can meet before deciding whether to hire us.

Contact us to schedule a consultation today.

Do Parental Responsibilities Fall Under The Hague Convention?

Parental responsibility cases can be emotionally challenging and legally complex, especially when situations arise that involve parental child abduction. When family disputes span across national or international borders, the Hague Convention can prove a valuable resource for the parent left behind.

While the main goal of the Hague Convention is to secure the prompt return of children wrongfully removed to or retained in any country (which is not the child’s country of habitual residence), it does not affect or impact the decision-making process regarding custody issues (allocation of parental responsibilities), nor does it focus on the underlying merits of a custody dispute. Rather, it determines under what circumstances a child should be returned to a country for custody proceedings under that country’s laws.

Understanding how this convention applies to parental responsibility cases is crucial for parents recently filing for divorce or separation who have international connections. Unfortunately, some parents never accept the divorce and purposely cause problems, sometimes by taking their child far away from the other parent. 

PARENTAL RESPONSIBILITY AND PARENTING PLANS

In Illinois, the landscape of parental arrangements has evolved. “Allocation of Parental Responsibilities” includes the division of decision-making responsibility, previously known as “legal custody,” and parenting time, previously known as “visitation,” amongst the parties.  Parenting plans outline the schedule dictating a child’s interactions with each parent after a divorce or separation. 

Without a parenting plan, no official documentation exists specifying where a child should be at any given time. This legal void can lead to situations where parents can, without repercussion, abandon their children or take them away without the explicit consent of the other parent. In the state of Illinois, according to 720 ILCS Sec. 10-5(b)(6), a parent can abduct their child if, absent a custodial order/parenting plan, “knowingly conceals” a child “for 15 days and fails to make reasonable attempts within the 15 days to notify the other parent.” Let’s take a look at how Illinois grants custody.

HOW ILLINOIS GRANTS CUSTODY

Approximately 40% of states in the United States strive to provide equal custody time for both parents. Courts consider the child’s best interests when determining parenting arrangements. They aim to confirm that the child maintains a strong and healthy relationship with both parents.

They consider the child’s age, needs, and each parent’s ability to provide a safe environment. The court may select a mother over a father if the father negatively impacts the child or vice versa. Having clear guidelines and agreements can help establish stability and promote effective co-parenting. If you are a parent facing international parental child abduction, or feel your family is at risk of such an event, let’s look at how the Hague Convention could help.

“RIGHTS OF CUSTODY” UNDER THE HAGUE CONVENTION

As previously mentioned, the Convention does not affect or impact the decision-making process regarding custody issues (allocation of parental responsibilities), nor does it focus on the underlying merits of a custody dispute. However, it aims to secure the prompt return of children who have been wrongfully removed to or retained in any contracting state and distinguishes between the remedies available to protect “rights of custody” and “rights of access.”

  • “Rights of custody” includes rights relating to the care of the child and the right to determine the child’s place of residence.
  • “Rights of access” includes the right to take the child for a period of time – Article 5(a).

The Convention protects rights of access without an order of return, but in some circumstances, an “access parent” may be considered to hold rights of custody and thus be entitled to an order for the child’s return under the Convention.

PROTECTING PARENTAL RESPONSIBILITIES ACROSS BORDERS

The Hague Convention sets out clear procedures for determining where the child normally lives and dealing with wrongful removal or retention cases. Each country appoints central authorities to resolve disputes, and courts in both the child’s home country and the country where they’re in decide on the best course of action. 

If the Convention states if the removal or retention was wrongful, then the court must order the child returned to his or her habitual residence for a custody determination, unless the responding parent (the parent who removed or retained the child ) can establish one of the following:

  1. More than one year has passed since the wrongful removal or retention and the child is settled in his or her new environment
  2. The petitioning parent was not actually exercising custody rights at the time of the removal or retention
  3. The petitioning parent had consented to or subsequently acquiesced in the removal or retention
  4. The child objects to being returned and is of an age and maturity level at which it is appropriate to take account of his or her views
  5. There is a “grave risk” that the child’s return “would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation,” or
  6. The return of the child would be inconsistent with “fundamental principles … relating to the protection of human rights and fundamental freedoms.”

Overall, the Hague Convention helps maintain stability and consistency in parenting arrangements while protecting the rights of children and parents involved in cross-border disputes.

CHALLENGES TO CONSIDER

Parents often face hurdles when dealing with international parenting disputes. One of the most significant challenges is simply navigating another country’s legal system. This can involve language barriers, unfamiliar legal procedures, and cultural differences, making it difficult for parents to advocate for their rights effectively. 

Additionally, parents may struggle to locate and communicate with their children, especially if the other parent is hiding them. In some cases, parents may also face obstacles related to travel, such as visa restrictions or prohibitive travel costs. International parental responsibility cases can be highly stressful and emotionally taxing for parents. That’s why having the right support and guidance is essential throughout the process.

GETTING THE HELP YOU NEED

The Hague Convention on the Civil Aspects of International Child Abduction can be a valuable resource for resolving abduction cases involving international borders, prioritizing their well-being. 

But to navigate these complex cases successfully, seeking legal counsel with knowledge and experience in Hague proceedings is extremely valuable. Erin Masters and Anthony Joseph have extensive experience in cases involving international parental disputes in courts located in the State of Illinois and the United States federal court system. 

Our profound understanding and proficiency with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”), enacted into law through the International Child Abduction Remedies Act (“ICARA”), empowers us to help advocate thoroughly and effectively. 

Highlighted Hague Decisions:

Contact us today to schedule a consultation.

Divorce and Sexual Assault

April is Sexual Assault Awareness Month, shedding light on a sensitive topic often surrounded by silence and stigma. Within the broader context of family law, divorce can intersect with issues of family violence and sexual assault, requiring delicate legal handling. 

Nationwide, 81% of women and 43% of men reported experiencing some form of sexual harassment and assault in their lifetime. The effects of sexual assault and harassment can cause physical harm and emotional wounds that are endured for years.

In such instances, seeking assistance from a family law attorney can prove crucial for navigating the complexities of divorce and obtaining necessary protection orders. In today’s blog, we will explore the significance of legal support in these situations and how it can empower individuals to protect themselves and their families. Here’s what you need to know.

THE ROLE OF SEXUAL ASSAULT AWARENESS MONTH

Sexual Assault Awareness Month serves the critical purposes of shedding light on the severity of domestic violence, debunking myths, and dispelling stereotypes. Through education about the signs and impacts of abuse, individuals gain the tools to recognize and address it effectively. This month reinforces the message that survivors have support and resources.

Moreover, Sexual Assault Awareness Month underscores the importance of prevention through community engagement and educational initiatives. It encourages discussions about healthy relationships, consent, and bystander intervention. Let’s learn more about domestic violence and how it can be prevented.

WHAT IS DOMESTIC VIOLENCE?

Domestic violence/domestic abuse is typically manifested as a pattern of abusive behavior toward an intimate partner in a dating or family relationship, where the abuser exerts power and control over the victim. Domestic abuse can be mental, physical, economic or sexual in nature.

Regrettably, domestic violence transcends boundaries and can affect individuals of any gender, race, or socioeconomic status. Its wide-ranging repercussions impact not only the immediate victims but also the children who witness such abuse.

The Illinois Domestic Violence Act (IDVA) identifies several forms of abuse, including:

  1. Physical abuse (including sexual abuse)
  2. Harassment
  3. Intimidation of a dependent
  4. Interference with personal liberty
  5. Willful deprivation
  6. Exploitation
  7. Stalking

The warning signs of abuse may not manifest immediately and can evolve as the relationship progresses. However, it’s important to recognize that each relationship is unique, and domestic violence can manifest in various forms. One common trait among abusive relationships is the abuser’s attempt to establish power and control through various methods at different stages. Fortunately, there are strategies available to help protect you from this abuse.

ORDERS OF PROTECTION: A VITAL LIFELINE

Divorce proceedings can intensify tensions within a relationship, potentially worsening existing instances of family violence or leading to new forms of abuse. Additionally, survivors may disclose incidents of sexual assault during this tumultuous period. It’s crucial to recognize that survivors of sexual assault may face heightened vulnerability during divorce proceedings, often encountering threats, coercion, or manipulation from their abuser.

Fortunately, Orders of Protection (restraining orders) serve as a legal mechanism to shield survivors of family violence and sexual assault from further harm. These court orders can establish boundaries, prohibit contact, and provide security for individuals and their children. Survivors need to know that they do not have to face this process alone. Getting an order of protection requires a comprehensive understanding of legal procedures, evidence requirements, and advocacy skills.

A family law attorney can help provide legal resources and support services to assist in navigating an order of protection. By seeking the assistance of a compassionate and dedicated legal team, survivors can take crucial steps towards reclaiming their autonomy and finding security and peace of mind.

IF CHILDREN ARE INVOLVED

Unlike allegations of domestic violence, accusations of sexual abuse, particularly child molestation, are typically not made lightly. Such accusations are infrequent and receive intense scrutiny. The courts typically respond by appointing a Guardian ad Litem to investigate, with an expectation that the accusing parent has made every effort to investigate, document, and halt the sexual misconduct as soon as suspicion arose.

If accusations of sexual abuse, especially concerning children, arise within your marriage, immediate arrangements for a medical examination of the victim or alleged victim, even if that victim is yourself, are imperative. Subsequently, contacting an attorney should be a priority. Taking swift action can be pivotal in establishing the truth in court.

THE ROLE OF A FAMILY LAW ATTORNEY

In the face of such challenges, the guidance of a knowledgeable family law attorney can be valuable. Family law attorneys have experience in navigating the complexities of divorce cases involving family violence and sexual assault. At Masters Law Group, we aim to protect you and your children’s best interests. Here are some of the areas that we can help you navigate: 

  • Parenting Time: If you have children, work closely with your attorney to determine the best parenting time plan. This helps to ensure that the agreed-upon arrangements prioritize your children’s well-being and best interests.
  • Mediation: Explore options such as mediation or collaborative divorce to help you and your ex-spouse reach mutually beneficial agreements outside of court. Your family law attorney can help guide you through these processes and represent your best interests during negotiations.
  • Post-divorce disputes: After the divorce is finalized, circumstances may require modifications to allocating parental responsibilities, visitation, or support arrangements. Stay in touch with your attorney to address any changes or issues that may arise in the future.
  • Orders of Protection: In cases where an order of protection is granted, attorneys monitor compliance and take swift action against any violations. This proactive approach reinforces the efficacy of legal measures and prioritizes the safety of survivors and their families.

In addition to representing clients, Senior Partner Erin E. Masters is also a court-appointed Child Representative and has experience advocating for children in these high-conflict matters.  Furthermore, Senior Partner Anthony G. 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.

Remember, during this challenging period, Masters Law Group is here to support you and your legal rights. Working with our trusted attorneys can help alleviate the stress associated with domestic disputes, helping ensure a smoother transition for both you and your children.

COMMUNITY RESOURCES

In Chicago, there is a wide range of community resources available to support survivors of sexual assault. The Domestic Violence Legal Clinic provides legal assistance and advocacy services, helping ensure survivors can access legal remedies. The Chicago Metropolitan Battered Women’s Network serves as a comprehensive resource hub, connecting survivors to various shelters, counseling, and legal aid services throughout the city.

Hospitals like the YWCA Metropolitan Chicago also provide comprehensive medical care and forensic exams for survivors seeking immediate assistance. These community resources play a vital role in supporting survivors to help them heal and seek justice in the aftermath of sexual assault.

LAST THOUGHTS

As we observe Sexual Assault Awareness Month, it’s crucial to recognize the intersection of divorce, family violence, and sexual abuse. Shedding light on these issues can empower survivors to take proactive steps toward safety and justice. 

At Masters Law Group, our skilled family law attorneys are here to help navigate the complexities of divorce while prioritizing the well-being of survivors and their families. Let us strive to create a society where survivors are heard, supported, and empowered,

Contact us here today.