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Recent Blog Posts

Starting a Conversation about Estate Planning

 Posted on April 24, 2014 in Estate Planning

estate planning, estate plan, lawyer, attorney, family lawyer, family law attorneyWhether you are a parent or an adult child interested in beginning a conversation about getting affairs in order, the prospect of discussing your loved one’s death can be intimidating. However, once the participants get over the initial discomfort, having an open discussion about estate planning matters can prove highly beneficial. Here are some tips to open the lines of communication.

Having a Conversation

It is important to have honest yet sensitive communication among close family regarding estate planning. Doing so will help make sure that expectations and feelings about certain responsibilities or obligations designated by the documents are shared with one another.

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Getting an Order of Protection in Illinois

 Posted on April 21, 2014 in Domestic Violence

order of protection, restraining order, domestic abuse, domestic violence, family lawyerDomestic violence is a serious issue that plagues many more people than some realize. When a person thinks about domestic violence, it is usually within the context of a romantic relationship, but the legal definition expands beyond those terms. For those who are the victims of such violence, protection is available and can be legally enforced.

Domestic Violence

Although the majority of domestic violence cases likely occur between two people who are or were romantically involved, there are other situations that also give rise to domestic violence according to law, and they deserve attention as well. In order to have a request for an order of protection granted, the person must demonstrate that they are the victim of domestic violence. For this purpose, the law defines domestic violence as:

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Court’s Considerations in Child Custody Cases

 Posted on April 18, 2014 in Child Support

child custody, Illinois family lawyer, divorce, Illinois divorce attorney, Illinois child custody lawChild custody and support cases are often decided in conjunction with a divorce case. Others are heard on their own, either because the parents never married, or because the issue of custody was not originally addressed when the couple divorced. Regardless of the circumstances of how the case came to be in the court, all child custody cases involve the same rules of law.

First Things First

In order to hear a child custody case, the court must have jurisdiction to do so. This means that the court must be legally allowed to make decisions pertaining to the parties involved in a case. This may be an issue particularly for parents who live in different states. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) puts forth the rules to follow on this issue. In the state of Illinois, a court can hear a child custody case if:

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Is “Conscious Uncoupling” the Divorce of the Future?

 Posted on April 16, 2014 in Divorce

conscious uncoupling, divorce of the future, divorce, family law, illinois divorce attorney, parentingGwyneth Paltrow has been making headlines lately, and the stories do not necessarily cast the movie star in a positive light. She’s been known to make out-of-touch comments in the past, and recent events have been no exception. One remark alluded to the fact that “regular” moms who work 9-to-5 jobs have a more manageable schedule than film stars, who often have to work 14-hour days for a few weeks in a row. The backlash from women across the country was palpable immediately following the interview. The other communication that earned Paltrow notoriety in the press was her announcement recently that she and her husband have decided to part ways by what she described as a “conscious uncoupling.”

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The Basics: Common Questions When First Considering Divorce

 Posted on April 15, 2014 in Divorce


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Understanding the Best Interests of the Child Factors in Depth

 Posted on April 14, 2014 in Divorce

child of divorce, best interests of the child, Illinois child custody lawyer, child custody, DuPage County IllinoisThere are few challenges in life more difficult than divorce. It is certainly a hassle to gain a legal end to your marriage and determine how to divide important family assets, such as the family home. Often the biggest challenge in a divorce though is figuring out the custody arrangements of children. Such a process can be fraught with complications and emotions.

The Standard in Illinois According to Illinois law, when determining the custody of a child during a divorce proceeding, Illinois courts use a “best interests of the child” standard. This requires courts to try to determine the child’s best interests (as opposed to the interests of parents or family members) when determining which party will have custody over the child. Judges will follow this standard regardless of any agreement you and your divorcing spouse may have reached. Determining the Best Interests of the Child To figure out what the best interests of the child are, courts will look at a number of factors. No factor will carry more or less weight than another factor. Some of these factors include:
  • Who is the Primary Caregiver? - The court will look to see who is the primary caregiver of the child. This is the person who provides the child with food, takes them to school, purchases their clothes, and performs other necessary duties.

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Coping With Divorce: Tips and Advice

 Posted on April 10, 2014 in Divorce

divorce stress, divorce tips, DuPage County, family law, family lawyer, family law attorney, divorce lawyerDivorce is a painful process--legally, financially, and emotionally. Considering the immense strain placed on involved partners, it is important to consider some tips for coping with the pressures of divorce.

Dealing with Stress When dealing with a divorce, it is helpful to keep in mind the following:
  • Take Time to Mourn - Divorce is a type of loss. The family and living situation you once had is no more. Recognize that it is perfectly normal to feel a mixture of emotions, such as anger, confusion, regret, and loneliness. Give yourself some time to heal.
  • Keep Physically Fit - Divorce can lead to stress, anger, tension, anxiety, and a host of other toxic feelings. A physical fitness routine can be the best medicine for such ailments. Exercise regularly. Plan regular trips to the gym. Even going on a 20-minute walk can do wonders for your well-being. Do anything that gets your body moving. In addition to exercise, be sure to eat healthy and nutritious meals, and make sure to get an adequate amount of rest.

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Preparing for Your Disabled Child’s 18th Birthday

 Posted on April 07, 2014 in Child Custody

guardianship, limited guardianship, plenary guardianship, disabled teen, disabled adult, testamentary guardianshipRaising a disabled child, particularly one who has psychological or intellectual disabilities can be a difficult and trying experience. As your child approaches his/her 18th birthday, there are a number of things to consider. In most states, the responsibilities of a young adult are assigned when a youth turns 18. Assuming guardianship of your child may be the best option to help you protect your child as they enter adulthood.

Under Illinois state law, there are two types of guardianship that you may consider. The first of these is limited guardianship. This type of guardianship is used when the disabled person can make some, but not all, decisions pertaining to themselves and their finances or estate. When assuming limited guardianship, the powers granted to you must be specifically listed within the court order. This type of guardianship can grant you limited guardianship of the person, finances/estate, or both. The second type of guardianship is plenary guardianship. This type of guardianship is more restrictive than the first, and is used when the “individual’s mental, physical, and adaptive limitations” make it necessary for the guardian to make all important decisions regarding personal care and finances. There is one other option that you need to consider: testamentary guardianship. This is used by parents of a disabled child to designate a guardian upon the death of both parents in your will. While the final guardian will still need to be appointed and approved by the court, this ensures that the courts will take your wishes for guardianship into account before making their decision. It is important to remember that should your proposed guardian be found inappropriate, the court will still have the power to appoint someone else. Knowing which type of guardianship to consider and what steps are necessary to assume guardianship can be difficult. Having a qualified family law attorney can help make the process smoother for your family. Contact the experienced family law attorneys at Davi Law Group, LLC today for a consultation on your case.

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Can Watching Movies Help Prevent Divorce?

 Posted on April 04, 2014 in Divorce

divorce, DuPage County divorce lawyer, Illinois divorce, divorce rate, divorce trend, reason for divorceA new theory is being tested to curb the divorce rate among newly married couples. In light of the statistic saying almost half of married couples divorce in the first four to five years, many professionals are asking what can be done to improve that number. A recent article suggests that the answer may be easier than one may think.

Watching Movies

One researcher is exploring the possibility that a task as simple as watching a movie with your spouse may curb your chances of divorcing. He has been asking couples to watch five movies per month that have a theme of exploring relationships and then discuss the movies with each other. The idea is to strengthen marriages while couples are happy with the relationship, which, ideally, would improve the odds against getting a divorce. The model suggested offers couples the opportunity to essentially participate in a form of therapy on their own, while also taking part in an activity they would otherwise find enjoyable.

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Call to Remove Juveniles from Sex Offender Registries

 Posted on April 02, 2014 in Child Custody

juvenile crime, juvenile sex offender, DuPage County family law, family lawyer, IllinoisMany people can undoubtedly relate to a situation in which they have made a poor decision as a juvenile. Though the activities associated with poor judgment as adolescents may vary in degree and seriousness, most individuals involved in such a situation usually see the error of their ways, learn, and move on. Others are not as lucky. In fact, some of those juveniles seem to deal with the consequences of a bad decision for the rest of their lives. One such situation involves juveniles who are required to register as sex offenders.

The Troubling Statistics

A study recently released by the Illinois Juvenile Justice Commission states that the requirement for juveniles to register as sex offenders interferes with the juvenile’s efforts at rehabilitation and punishes them for a crime that the majority never commit again. The Commission is recommending banning the practice of adding juveniles’ names to sex offender registries who are under the age of 17. Currently, all juveniles convicted of sex crimes are required to register, and 70 percent of them must do so for life.

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