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Tag Archives: Illinois law

DuPage County family law attorneys, child's best interests, Illinois lawIn 2016, a number of changes were implemented to the Illinois Marriage and Dissolution of Marriage Act—changes that cover divorce and child custody issues. One of the sections that was overhauled deals with the allocation of parental responsibilities as they relate to decision-making.

In general, the law provides that the court will determine these obligations according to the child’s best interests and it enumerates a total of 15 factors that a judge should consider when making a decision. Because the law deletes a few sections from the prior one, and incorporates new criteria, it is worth taking a look at the seven new provisions for allocating parental responsibilities in Illinois.

Cooperation

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DuPage County family law attorneys, spousal maintenanceThere are several matters that a court will determine during the divorce process in Illinois, and spousal maintenance is among the top issues that a judge will decide. The term spousal maintenance refers to the financial support that one ex-spouse pays to the other, commonly known as “alimony.”

The first consideration that a court will review is whether spousal maintenance is appropriate under the circumstances; Illinois law lists a number of different factors to weigh, including income, earning capacity, property, and duration of the marriage.

One point that is often hotly contested is when one spouse’s role is focused primarily on domestic duties during the marriage. Two factors under the Illinois divorce statute speak to exactly this type of situation.

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What Can We Include in an Illinois Prenuptial Agreement?If you are thinking about getting married and you and your spouse are considering signing a prenuptial agreement, you may be curious as to what you can and cannot include under Illinois law. Theoretically, you can put anything you want in there, but Illinois will only recognize the parts that they allow and, depending on the circumstances, going too far afield may call the entire document into question. If you are thinking about a prenuptial agreement you should talk to a skilled prenuptial agreement attorney to make sure that the agreement will be upheld and also that your rights are protected.

Illinois Law

Prenuptial agreements in Illinois are governed under the Illinois Uniform Premarital Agreement Act. Courts often prefer prenuptial agreements because it makes property division much easier.

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Illinois Supreme Court Rules On Unmarried Property DivisionThe Chicago Tribune reported on a recent Illinois Supreme Court decision regarding property division after cohabitating couples break up. This case was about a lesbian couple who had been together for over 25 years but had recently broken up. The two were never married. The court ruled that the couple was not entitled to the same property division protections that a married couple would have access to.

This Case

This case was brought by Ellen Brewer who was with her partner Dr. Jane Blumenthal for 26 years. They lived together and raised a child together. The couple split up in 2008 before gay marriage was legal in Illinois. The controversy centered around the dividing up of assets after the split. Ms. Brewer says that she gave Dr. Blumenthal the money to buy into the practice she is part owner of and therefore should get a portion of the assets when the business is sold. The court held that because the couple was not married, Ms. Brewer does not get the benefit of a marital type property claim.

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Illinois Juvenile Justice Advocates Want Less Shackles Used During CourtThe Chicago Tribune recently reported on a hearing that took place in front of the Illinois Supreme Court Rules Committee. The committee heard testimony from juvenile justice advocates who were pushing for reform of the rules around juveniles being forced to wear arm and leg shackles during court in some counties.

Current Policy

At this time, there is no statewide policy in Illinois about whether and when shackles should be used on defendants in juvenile court actions. However, there are very specific guidelines for when shackles are used for adult criminal defendants in court. Right now, each country makes their own rules about when it is appropriate for juveniles to be shackled in court. In DuPage County, whose juvenile defendants are heard in Kane County, the judge has the discretion to require shackles to be used or not.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway
Suite 103
Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road
Building A, Suite 105
Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street
Suite 900
Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street
7th Floor
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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