Tag Archive for: Masters Law Group

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.

Meet Erin E. Masters: Partner / Family Law Mediator

Concentrating on domestic relations, including divorce, allocation of parental responsibilities, child support, and international child abduction matters, Ms. Masters is consistently recognized and trusted by regulated authorities such as Super Lawyers, Best Lawyers, Leading Lawyers, and Emerging Lawyers.

We are excited to kick off our new blog series which will introduce you to the talented members of Masters Law Group. In each post, we will spotlight an attorney from our team, sharing their professional journey, areas of expertise, and personal insights into what drives them to help clients navigate their legal challenges. Today, we are proud to introduce Erin E. Masters, founding partner of Masters Law Group and a highly respected attorney in the field of family law.

Chicago Divorce Attorney

Introducing Erin E. Masters of Masters Law Group

Erin E. Masters has dedicated her career to guiding families through some of the most challenging times of their lives. Her extensive experience and compassionate approach have earned her recognition as one of the leading family law attorneys across Chicagoland.

Erin’s legal journey began with a Bachelor of Arts degree from Indiana University, where she excelled in her studies and developed a passion for advocating for others. She went on to earn her Juris Doctor from The John Marshall Law School, now part of the University of Illinois Chicago School of Law, where she was actively involved in various legal organizations and honed her skills in litigation and negotiation.

After law school, Erin immersed herself in the practice of family law, quickly gaining a reputation for her dedication to her clients and her ability to navigate complex legal issues with empathy and precision. She is particularly known for her work in high-conflict child custody cases (parental responsibilities), where her strategic thinking and commitment to the child’s best interests shine through.

A Deep Commitment to Family Law

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.

Erin’s dedication to family law goes beyond her role as an attorney. She is deeply committed to protecting the rights of parents and children, and her work often involves advocating for those who may not have a voice in the legal process. Whether she’s helping a parent navigate the complexities of international custody disputes or providing counsel during a high-stakes divorce, Erin approaches every case with the same level of care and professionalism.

Her expertise in The Hague Convention on the Civil Aspects of International Child Abduction is particularly notable. Erin has successfully represented clients in both domestic and international child abduction cases, making her a sought-after advocate for parents dealing with the heart-wrenching reality of cross-border custody disputes. Her experience in this specific area of law enables her to provide strategic guidance that protects her clients’ rights while working toward the safe return of children.

Approved Mediator & Child Representative

Erin’s divorce and family law experience means she can offer insights and alternative opportunities to deal with family disputes that lead to much happier, healthier results: Mediation.

Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. As such, Masters Law Group provides mediation services and also represent clients involved in mediation. If you are looking to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment.

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, especially those involving children.

Recognized Excellence and Advocacy

Throughout her career, Erin has been recognized for her outstanding legal skills and her commitment to her clients. She has been honored by Super Lawyers, an accolade that highlights her as one of the top attorneys in her field, and she is frequently sought out for her expert opinion on family law matters. Erin’s success can be attributed to her relentless pursuit of excellence, her deep understanding of the law, and her unwavering commitment to her clients’ needs.

Best Chicago Divorce Attorney 2024

In addition to her legal practice, Erin is a strong advocate for continued education and training in family law. She regularly attends conferences and workshops to stay current with the latest developments in her field, ensuring that she can provide the most up-to-date and effective representation for her clients. Erin’s dedication to learning and growth extends to her role as a mentor to younger attorneys, where she shares her knowledge and encourages the next generation of legal professionals.

Approach to Client Care

What sets Erin apart is her compassionate approach to client care. She understands that family law issues are deeply personal and often emotionally charged, and she takes the time to listen to her clients, understand their unique situations, and develop legal strategies tailored to their specific needs. Erin’s goal is to empower her clients with the information and support they need to make informed decisions about their futures.

Erin believes that effective communication is key to successful legal representation. She strives to maintain open and honest communication with her clients, keeping them informed about the progress of their cases and providing clear explanations of their legal options. Her approachable demeanor and commitment to transparency help clients feel confident and supported throughout the legal process.

Testimonials

We encourage you to read some of our recent client reviews on their first-hand experience with Ms. Masters below.

Erin is by far the best and most professional family law attorney that I have known. She is exceptional in her field of practice, honest and gets the job done. -R.P

Erin Masters is someone who is truly on your side. She was always willing to answer any of my questions or explain “lawyer language” to me. I highly recommend Masters Law Group. -N. J

Erin Masters was my divorce lawyer, and during the entire process, she remained focused and was there for me every step of the way. I highly recommend [Masters Law Group] as they surpassed my expectations in every aspect. – S.B

I highly recommend Erin Masters and Masters Law Group. My experience has been that the services rendered were not only knowledgeable and skilled but also equitable, compassionate, and sensitive. – C.A

Erin Masters helped me with my child support case. It was a tough case, but she fought for what was in my daughter’s best interest, honestly and professionally.

I trust her 110%. She has my highest recommendation! -D.H

Erin Masters helped make the divorce process as easy as possible, considering the situation. She was compassionate and caring when I was going through such an emotionally difficult time. -M.B

Erin [Masters] helped me bring an end to a three year long divorce with a person that insisted on fighting over every little detail. You cannot find better representation. -P.B

I needed a lawyer to help me through my parental responsibilities case. I researched hundreds of lawyers in the area and finally found Erin. She fought hard, and I felt like we came out on top every time. – K.C

Balancing Work and Life

Outside of the courtroom, Erin is a dedicated wife and mother, and active member of her community. She understands the challenges of balancing a demanding career with family responsibilities, and she brings this perspective into her practice. Erin’s ability to empathize with her clients on a personal level helps her connect with them in a meaningful way, providing not just legal guidance but also emotional support during what can be a very difficult time.

Erin is also passionate about giving back to her community. She is involved in various charitable organizations and often participates in pro bono work, using her skills to assist those who might not otherwise have access to legal representation. This commitment to service reflects Erin’s belief in the importance of helping others and making a positive impact in her field.

Looking Ahead: Erin’s Vision for Family Law

Erin’s vision for the future of family law is one that prioritizes the well-being of families and promotes fair, equitable outcomes. She is committed to advocating for changes in the legal system that better protect children and support parents through the legal process. Erin’s goal is to continue to provide high-quality, compassionate legal services to her clients while helping to shape the future of family law in a way that reflects the evolving needs of families today.

As Erin continues her work at Masters Law Group, she remains dedicated to her clients and her mission of providing exceptional legal representation. Her expertise, compassion, and unwavering commitment to justice make her an invaluable asset to her clients and a respected leader in the field of family law.

Connect with Erin E. Masters

If you or someone you know is facing a family law issue in DuPage County, Cook County or across the Greater Chicago area, Erin E. Masters and the team at Masters Law Group are here to guide you every step of the way. With a client-centered approach and a track record of success, Erin is dedicated to providing the legal support you need to navigate even the most challenging situations.

Stay tuned for the next post in our Meet the Team series, where we’ll introduce you to another outstanding attorney at Masters Law Group. In the meantime, if you would like to learn more about Erin or schedule a consultation, please visit our website at Masters Law Group.

 

     

Supporting Children Through the Grieving Process of a Divorce

Divorce is a challenging and emotional process for everyone involved, especially for children. They may experience loss, confusion, and fear about the future. As parents, it’s crucial to support your children through the grieving process and help them adjust to the changes.

According to the CDC, about 50% of American children will experience their parents’ divorce. This staggering statistic highlights the importance of being prepared. When half of all children are likely to go through such a significant family upheaval, it becomes essential for parents, educators, and counselors to be equipped with the knowledge and tools to support them effectively. 

In this blog, we will discuss the impact of divorce on children and provide tips to help you and your family navigate this difficult time. Additionally, we’ll explore how working with a skilled DuPage divorce attorney can ease the transition and ensure that your family moves on peacefully.

Understanding the Impact of Divorce on Children

Divorce marks the end of a partnership for adults and brings significant changes to their children’s lives. This transition can trigger a complex emotional response in young ones. Children of divorced parents are 25% more likely to have serious psychological and social problems than children of married parents. Recognizing and addressing the five stages of grief in children can offer valuable support, helping them adapt healthily to their new reality.

Children of different ages react to divorce in various ways, but common feelings include sadness, anger, anxiety, and guilt. They may worry about losing contact with one parent, changing homes, or experiencing a shift in their daily routines. Understanding these feelings is the first step in providing the necessary support.

Strategies to Support Children Through the Grieving Process

When parents separate, children experience their version of the grieving process. The emotional journey can be deeply impactful, making it essential for guardians, educators, and counselors to understand these stages to provide empathetic and constructive support. Here are some tips that can help:

  1. Open Communication: Encourage your children to express their feelings and listen to them without judgment. Let them know feeling sad, angry, or confused is okay.
  2. Consistency and Routine: Maintain consistent routines to provide a sense of stability. Consistent meal times, bedtimes, and school routines can help children feel more secure.
  3. Reassurance and Support: Reassure your children that both parents still love them and will continue to be involved in their lives. Spend quality time with your children and engage in activities they enjoy.
  4. Model Positive Behavior: Children often mimic their parents’ behavior. Show them how to handle emotions healthily and demonstrate respect and cooperation with your ex-spouse.

By acknowledging their feelings and guiding them through this difficult time, we can help children navigate their emotions and build resilience for the future. Consider seeking help from a DuPage divorce attorney.

Explore Divorce Mediation

Divorce Mediation is one of the best options for helping your children through this life change and for encouraging a harmonious relationship between you and the other parent. Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party who facilitates communication between the parties to help them reach a mutually beneficial solution. Unlike a judge, the mediator does not make decisions for the parties; instead, they help the parties reach their agreement.

Mediation typically begins with both parties meeting with their mediator to discuss the issues. The mediator then facilitates communication between the parties, helping them identify and address their concerns. Once an agreement is reached, the mediator drafts a written contract that both parties can sign.

In some cases, mediation may not be successful. However, even in these situations, the parties may better understand each other’s positions and concerns, making future negotiations more straightforward and ultimately helping to minimize the impact on children’s well-being.

Working With a DuPage Divorce Attorney

Navigating the legal aspects of a divorce can be overwhelming, especially when trying to focus on your children’s well-being. At Masters Law Group, our DuPage divorce attorneys can provide the support needed to manage the legal complexities and help your family transition smoothly. Our main goal is to help protect your rights and your children’s best interests. Here are some of the areas that can help you navigate:

  1. Parenting Time: If you have children, working with a DuPage divorce attorney can help determine parental responsibilities and visitation arrangements. This helps ensure that the agreed-upon arrangements prioritize your children’s well-being and best interests.
  2. Mediation and alternative dispute resolution: Explore options such as mediation or collaborative divorce to help you and your ex-spouse reach mutually beneficial agreements outside of court. Your DuPage divorce attorney can guide you through these processes and represent your interests during negotiations.
  3. Post-divorce modifications: After the divorce is finalized, there may be circumstances that require modifications to parental responsibilities, visitation, or support arrangements. Stay in touch with your attorney to address any changes or issues that may arise in the future.

Beyond legal advice, our compassionate DuPage divorce attorneys understand the emotional toll of divorce. They can offer resources and referrals to counseling and support groups for you and your children.

Moving Forward Peacefully

Divorce is undoubtedly challenging, but with the right support, it’s possible to navigate this transition in a way that minimizes its impact on your children. By fostering open communication and working with a dedicated DuPage divorce attorney, you can help your children cope with their emotions and move forward with a sense of security and peace.

At Masters Law Group, serving clients in Cook County and DuPage County, Illinois, our experienced attorneys understand that divorce is a stressful situation for everyone involved. We prioritize our clients’ assurance and well-being throughout the mediation process.

Contact our DuPage divorce attorneys today if you’re facing a divorce and are concerned about your children’s well-being. They will guide you through the process, ensuring your family’s needs are met and helping you move on to a brighter future.

Navigating Gray Divorce on Senior Citizens Day

Gray divorce is on the rise, with more older couples ending long-term marriages than ever before. As we approach Senior Citizens Day on August 21st, it’s important to address the unique challenges that gray divorce presents to seniors. 

The phenomenon of gray divorce was relatively uncommon in 1970 and saw modest growth over the years. In 1990, only 8.7% of marriages among people over age 50 ended in divorce. By 2019, that number had risen to 36%.  Today, according to Bowling Green State University’s Susan L. Brown, co-director of the National Center for Family & Marriage Research, “well over a third of people who are getting divorced now are over the age of 50”. While the reasons behind this trend are complex and varied, understanding them is crucial.

Keep reading to discover why divorces after age 50 are becoming more common and how they can impact a person’s well-being. Here’s what you need to know.

Understanding Gray Divorce

Gray divorce refers to the increasing trend of older couples in long-term marriages getting divorced. This phenomenon highlights the rise in separations among older couples who have been married for many years. According to a U.S. Census Bureau report, more couples over 65 are ending their marriages. Gray divorce differs significantly from divorces among younger couples because the stakes are often higher for seniors due to several factors:

  1. Financial Security: Senior couples are usually more concerned with financial stability, as they may have limited income sources and are closer to or already in retirement. Divining assets, retirement accounts, and pensions can significantly impact their financial futures.
  2. Healthcare and Insurance: Older adults often have greater healthcare needs. The loss of a spouse’s health insurance can be a significant concern, especially for those not yet eligible for Medicare or with costly medical conditions.
  3. Social and Emotional Impact: Gray divorce can lead to isolation, especially if the individual’s social circle is closely tied to their spouse. The emotional toll can also be significant, as older individuals may find it harder to adjust to being single again after many years of marriage.

Key Considerations in Gray Divorce

Navigating a gray divorce presents a unique set of challenges for older adults. The stress of divorce can significantly impact both physical and mental health. Additional hurdles include dividing assets and informing adult children (and potentially grandchildren) about the decision to part ways after many years together. Here are some of the most common factors contributing to gray divorce:

  • Addiction and Abuse: Addressing issues related to addiction or abuse can lead individuals to reevaluate and opt for separation.
  • An Increased Desire for Happiness: As people age, personal happiness and fulfillment become more critical.
  • Empty Nest Syndrome: Couples might reassess their dynamics when children leave home, leading to different paths.
  • Infidelity: Infidelity can strain relationships irreparably, leading to the decision to part ways.
  • Financial Differences: Discrepancies in financial goals, spending habits, and values can cause couples to separate.

It’s important to understand that divorce looks different for everyone. However, older couples seeking a separation and divorce should consider working alongside a divorce attorney.

Legal Aspects to Consider

After many years together, it can be challenging to recall who owned what. A great first step in a gray divorce is identifying which assets are part of the marital estate and which are pre-marital possessions. 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 are some key assets to discuss with your divorce attorney:

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 person’s unique situation. This process can be tricky, so it’s a good idea to work with a divorce attorney to help ensure your rights are protected during asset division in Illinois.

Legal Support in Gray Divorce

Given the complexities of gray divorce, seeking legal advice from a professional experienced in handling divorces among older adults is vital. A divorce attorney can help you navigate asset division and alimony to help ensure that all legal documents are properly updated.

At Masters Law Group, we understand that gray divorce presents unique challenges and stress. Our clients seek a fresh start, and we are dedicated to guiding them through settlement negotiations and mediation, with their well-being as our top priority. Whether you’re venturing on a contested gray divorce, uncontested gray divorce, or gray civil union separation, our team of attorneys is positioned to advocate for your best interests when it matters most. 

Final Thoughts

As we celebrate Senior Citizens Day, it’s important to acknowledge seniors’ unique challenges when facing divorce and separation. Proper planning, support, and legal guidance can help individuals navigate these family law cases with confidence. Remember, gray divorce is not just an end but also a new beginning, offering the opportunity for a fresh start and renewed focus on personal growth and happiness.

At Masters Law Group, we understand there are many moving parts to divorce, and we are here to help you every step of the way. Our dedicated DuPage divorce attorneys are ready to skillfully advocate for your position and provide your voice when you need it most. Servicing DuPage County and the surrounding Chicagoland areas, our attorneys can help guide you through the process and protect your rights. 

Contact us today to schedule your complimentary consultation.

The Hague Convention: A Tool for Parental Child Abduction

Picture the distress of discovering that your child has been whisked away to a foreign country without your permission. This heartbreaking situation has become a stark reality for numerous parents worldwide. Thankfully, the Hague Convention offers a beacon of hope, providing a structured legal pathway for the return of abducted children to their rightful homes.

The Hague Convention is a powerful tool designed to combat the devastating issue of cross-border child abduction. This international treaty provides a legal framework that facilitates the swift return of children. In this blog, we will explore the workings of The Hague Convention and examine its role in reuniting families. Here’s what you need to know to find the path to bringing your child back home.

What is 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. Despite efforts to prevent such occurrences, the U.S. State Department estimates that between 600 and 800 American children are abducted annually.

Families need to understand the importance of the Hague Convention when they find themselves in international disputes. Here are some tips to follow if you find yourself in this situation:

  • Prompt action is crucial: If you believe your child has been wrongfully removed or retained in a Hague Convention country, it is essential to act promptly. Initiating legal proceedings increases the chances of a successful resolution.
  • Contact the central authority: In the United States, the Office of Children’s Issues within the U.S. Department of State is the foremost authority for Hague Convention matters. They can provide information, resources, and assistance in locating and returning your child.
  • Gather evidence: It is essential to gather evidence demonstrating your child’s habitual residence and the wrongful removal or retention. Documentation such as birth certificates and communication records can strengthen your case.
  • Consulting with a family law attorney: A family law attorney with experience in Hague law is recommended. They can guide you through the legal process and help you navigate the complexities of the Hague Convention.

Dealing with international disputes can be emotionally demanding, so preparing for the challenges is essential. Working with a Hague Convention attorney can provide valuable support. Let’s examine how the Hague Convention can help during a parental child abduction case.

Understanding Parental Child Abduction & The Hague Convention

Parental child abduction across international borders is a deeply troubling issue that affects families. This situation 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.

Getting Hague Convention Legal Assistance

Parents involved in international child abduction cases should seek the assistance of an attorney experienced in the Hague Convention. These attorneys possess the knowledge and experience to guide parents through the legal process and protect their rights.

If you have concerns about the abduction of your child, you should take appropriate proactive measures to protect their well-being. An experienced Hague Convention lawyer can help and may recommend several preventative measures, such as:

  1. Getting a custody order or parenting plan that outlines each parent’s rights and responsibilities, including travel restrictions.
  2. Adding your child’s name to a watchlist to prevent unauthorized removal from the country.
  3. Obtaining a court order requires surrendering your child’s passport or imposing restrictions on international travel.
  4. Establish security measures and emergency protocols by working with your child’s school or daycare.

If you have concerns about parental child abduction, promptly contacting your family law attorney is of utmost importance. They will discuss your options with you and assist in developing a plan that prioritizes your child’s safety.

Working With a Hague Attorney

Masters Law Group focuses on cases involving international parental child abduction under the Hague Convention. As experienced Hague attorneys, they provide valuable assistance to parents navigating complex international legal landscapes. Choosing Masters Law Group means entrusting your case to dedicated professionals who protect your child’s rights and help secure their safe return. Our Hague Convention attorneys can help you understand your rights so that you can make the best possible decisions for your family. Here’s how we can help:

  • Knowledge and Experience: Masters Law Group has extensive experience in Hague Convention cases, understanding the nuances of international family law and the procedural requirements under the Convention.
  • Strategic Counsel: They offer strategic legal counsel tailored to each client’s unique situation, guiding them through the Hague Convention process from initial consultation to resolution.
  • Global Network: With a robust network of international legal contacts, Masters Law Group facilitates efficient communication and collaboration across borders, essential for successful Hague cases.

We will thoroughly investigate the facts of your case. To learn more about your options, contact us to schedule a one-on-one appointment with our experienced Hauge lawyers, Erin E. Masters and Anthony G. Joseph. We will work aggressively to advocate on your behalf.

Final Thoughts

The Hague Convention stands as a beacon of hope for families facing the turmoil of international parental child abduction. 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.

Featured Hague Decisions:

If you or a loved one is facing International Parental Child Abduction, contact us today to schedule a consultation.

Parental Child Abduction: Where to Turn for Help

Parental child abduction is a heart-wrenching ordeal that can leave the left-behind parent feeling helpless and distraught. This situation occurs when one parent unlawfully takes or keeps a child away from the other parent. 

Every family dynamic is unique, making each parental abduction case complex. Despite these complexities, there are essential steps to follow that can help reunite families and bring abducted children home safely. Actions such as contacting law enforcement, notifying the courts, and working with a child abduction attorney can help lay the foundation for a coordinated response. Here’s what you need to know.

Understanding Parental Child Abduction

Parental child abduction occurs when one parent unlawfully takes their child from the other parent, often without legal authorization or against the court’s custody order. This act can lead to serious legal repercussions for the abducting parent. It’s crucial to recognize that parental child abduction constitutes a violation of both state and federal laws in many countries. 

There’s a common misconception that parental child abductions are less harmful because the child is with a parent or family member. However, legal systems typically view parental child abduction seriously, imposing consequences such as criminal charges, fines, and imprisonment for the abducting parent. Let’s take a deeper look at some risks to be aware of to help prevent parental child abduction.

Knowing The Risks

There are certain traits and characteristics of offending parents that make it easier to spot if they are capable of child abduction. It is important to remember that these signs do not necessarily mean that your child’s other parent is going to abduct your child; these are signs that you need to make sure you are more aware of. Here are some examples below:

  • Parents who have threatened to abduct their children and have done so before pose a significant risk.
  • Parents who believe their children are being abused and have a support group that shares this belief are more likely to abduct.
  • Parents with paranoia or sociopathic tendencies may be at higher risk of abducting their children.
  • Parents with strong ties and family support in another country might consider abduction as a viable option.
  • Parents who are frustrated with the United States legal system and have supportive family and friends are also at risk of abducting their children.

When a child is abducted, the consequences can be severe for both the child and the left-behind parent. It is crucial to act swiftly and decisively to help ensure the child’s safe return. By recognizing these signs, you can be better prepared to help prevent the unimaginable from happening.

Immediate Steps to Take

Federal law prohibits law enforcement from establishing a waiting period before accepting a missing child report. It requires law enforcement agencies to respond in a specific way, regardless of why a child is missing. If you suspect or confirm that your child has been abducted by their other parent, taking immediate action is vital. Here are some steps to follow:

  1. Contact Law Enforcement: Report the abduction to your local police department. Provide them with all relevant information, including custody orders, recent photos of the child, and details about the abductor.
  2. Notify the Courts: Inform the family court that issued the custody order about the abduction. They can issue emergency orders and work with law enforcement to locate your child.
  3. Reach Out to the National Center for Missing & Exploited Children (NCMEC): NCMEC provides resources and assistance in locating missing children and can work with law enforcement agencies on your behalf.
  4. Contact the U.S. Department of State (for International Cases): If you believe your child has been taken abroad, the Office of Children’s Issues can provide support and guidance on international child abduction cases.

By collaboratively taking these measures, we can collectively contribute to helping protect the safety and well-being of all children. Additionally, seeking guidance from a child abduction attorney with Hague Convention case experience can help navigate such challenging situations.

How a Child Abduction Attorney Can Help

Navigating the legal complexities of parental child abduction requires adept guidance. When you partner with an experienced child abduction attorney, such as those at Masters Law Group, you gain the support needed to advocate for your family’s best interests. Here are some of the ways they can help:

  1. Legal Experience: Child abduction attorneys have immense experience in family law and have in-depth knowledge of both state and federal laws governing parental responsibilities and child abduction. They can help you understand your rights and the legal remedies available.
  2. Emergency Court Orders: A child abduction attorney can swiftly file emergency motions to secure the return of your child, including requesting the issuance of a warrant for the abductor’s arrest if necessary.
  3. Coordination with Authorities: Your child abduction attorney can work closely with law enforcement agencies, NCMEC, and international authorities to help expedite the process. Their experience in dealing with such agencies can significantly enhance the efficiency and effectiveness of these efforts.
  4. Interstate and International Cases: Child abduction cases that cross international borders involve additional legal hurdles. Attorneys with experience in the Hague Convention on the Civil Aspects of International Child Abduction can help navigate these complexities on your behalf.
  5. Negotiation and Mediation: In some cases, negotiation or mediation with the abducting parent may be necessary to resolve the situation amicably. A skilled child abduction attorney can represent your interests and work towards a resolution prioritizing the child’s well-being.

Final Thoughts

Parental child abduction is a distressing experience, but knowing where to turn for help and having a knowledgeable child abduction attorney by your side can make a significant difference. At Masters Law Group, our team of knowledgeable attorneys is here to help you through this process. 

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. If you find yourself in this unfortunate situation, don’t hesitate to reach out. Our attorneys can help guide you through the process and work towards a swift and safe resolution. 

See our Featured Hague Decisions here:

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.

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.

Demystifying the Hague Convention: Essential FAQs Answered

The nightmare of having your child taken across borders is a frightening reality for a growing number of parents across the globe. Under the Hague Convention, solutions are provided for parents who seek the return of their child to their country of habitual residence.

International Parental Child Abduction is an act of illegally taking a child from their residing home by one of the parents across international borders. If you suspect the possible scenario of International Parental Child Abduction in your family, here are some questions and answers that can provide valuable insight.

1. What is the Hague Convention?

The Hague Convention was enacted into law through the International Child Abduction Remedies Act (ICARA). This law provides help to parents whose child or children have been wrongfully removed from or retained in their custody. They may petition for the child’s return to their country of habitual residence.

This Hague treaty was developed by the Hague Conference on Private International Law (HCCH) and entered into force in December 1983. There are over 93 countries that participate in the treaty. This treaty governs the way other countries’ legal systems work together. There were two specific goals in mind at the time of The Hague Services Convention’s formation:

  • Create a means to help ensure judicial and extrajudicial documents to be served abroad can be brought to the notice of the addressee in sufficient time.
  • Improve the organization of mutual judicial assistance.

2. What Is “Wrongful Removal” Under The Hague Convention?

Deciding whether to file a Hague application is a big decision. It depends on the specific circumstances of each case. A wrongful removal or retention of a child is considered illegal if it violates your custodial rights and you were exercising those rights at the time of the removal or retention.

In order for the Hague Convention to apply, it must have been in force between the two countries when the wrongful removal occurred. When a country joins the Convention, it doesn’t automatically partner with all countries that have ratified or joined it. Instead, countries must accept another country’s accession to the Convention before forming a treaty partnership.

3. How Can A Hague Lawyer Help?

A Hague Convention lawyer has experience handling cases related to international child abduction and custody disputes governed by the Hague Convention. They possess in-depth knowledge of the Convention’s provisions, procedures, and legal precedents, enabling them to navigate the complexities of your case effectively. Here’s how a Hague lawyer can assist you:

  • International Legal Aid: Hague lawyers often have established networks of lawyers and resources worldwide, facilitating communication and collaboration across international borders.
  • Negotiation and Mediation: A Hague lawyer can represent your interests during negotiations. Reaching an amicable resolution through negotiation or mediation is preferable to lengthy court proceedings.
  • Court Representation: If your case proceeds to court, your Hague lawyer will advocate on your behalf, presenting compelling arguments and evidence to support your child’s return to their country of habitual residence.

4. How Long Is The Hague Convention Process?

Contrary to common belief, the Hague Convention doesn’t guarantee the automatic return of a child in every case. While it provides a legal framework for facilitating such returns, various circumstances, defenses, and exceptions may complicate matters. Some cases can be resolved relatively quickly, within weeks or months.

While others may drag on longer, especially if they involve complex legal proceedings or appeals, one exception is when there are genuine concerns about the child’s safety or well-being. In such cases, the Hague Convention prioritizes the child’s welfare and safety. Working with a Hague lawyer can help you understand what steps to take to get the swift and safe return of your child.

5. What Steps Should I Take If My Child Has Been Wrongfully Taken?

Discovering that your child has been wrongfully taken across borders is a harrowing experience. Acting swiftly and decisively is crucial if you are in this unfortunate situation. Here are essential steps to consider as you navigate this distressing ordeal:

  • Consult with a Hague Lawyer: Seek legal advice from a Hague Convention lawyer. They can assess your case and guide you through the legal process.
  • File a Hague Application: Depending on your country of residence, you may need to apply the Hague Convention through the appropriate central authority. Your lawyer can assist you with completing and submitting the necessary documentation.
  • Gather Evidence: Collect evidence supporting your claim. This includes documentation of your custody rights, evidence of the child’s habitual residence, and communication with the other party regarding the abduction.
  • Cooperate with Authorities: Work closely with law enforcement, central authorities, and Hague lawyers involved in your case. Provide them with any requested information or assistance to facilitate the prompt resolution.

Finding Legal Representation

Selecting a Hague lawyer familiar with state, federal, and international laws is crucial. Masters Law Group attorneys Erin Masters and Anthony Joseph have years of experience handling Hague Convention cases. Our experience in the Hague Convention field shows our competence in providing legal counsel for these stressful scenarios.

For more information, here are a few of our highlighted Hague Convention cases:

Contact our office today to schedule your consultation.