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When you receive word that you are being investigated for child abuse allegations by the Illinois Department of Children and Family Services (DCFS), it can seem like your world has been turned on its head. While there are plenty of horrific cases handled by DCFS, there are also many that are unfounded or simply a misunderstanding. If your matter falls within one of those categories, you are no doubt overwhelmed and distraught. Fortunately, you can fight the allegations and it is best to do so with an Illinois DCFS hearings lawyer by your side.
Call-in to the DCFS Hotline
Investigations into child abuse and/or neglect start with a call into the State Central Register Hotline, a call center in Springfield, IL, that is dedicated to dealing with child abuse situations. An employee for DCFS answers the call and takes information from the caller, in an attempt to determine whether the facts support the possibility of harm or risk of harm to a child. Anyone can make a call to the Hotline, including family members, friends, teachers, neighbors, and other individuals. After the DCFS staff member completes the call and necessary paperwork, he or she forwards the information to the agency county office where the child resides to officially initiate the investigation.
Chances are you and your spouse engaged in the tradition of gift giving between yourselves and with other members of the family. Whether for birthdays, holidays, anniversaries, or other special occasions, presents are a way of showing love, appreciation, and gratitude. Now that you are considering divorce, what happens to these mementos that—in some cases—might be worth a lot of money?
You might already be aware of how Illinois divorce law treats marital and non-marital assets for purposes of property distribution. However, the treatment of gifts is not so clear-cut. An attorney with experience in property division matters can tell you more about specific items, but here are some general rules on how the law applies.
Legal Presumption as Non-Marital Property
The general rule is that, when one spouse receives a gift, the item is presumed to be non-marital. For example, a present you receive from a person outside the marriage for a birthday, retirement, or as a thank you would be yours to keep if you divorce. In addition, a gift from a child for Mother’s or Father’s Day is clearly for one person—not the couple. These types of gifts will not be considered by a court when making a property distribution of marital property.
As if going through divorce proceedings is not stressful enough, you may also be receiving threats of foreclosure by a financial institution that holds the mortgage on your home. This type of “insult to injury” situation is actually relatively common, so you do have options to address foreclosure proceedings under state law.
The key is to join forces with your partner as much as possible, stay in close communication with the lender, and work with an Illinois divorce attorney to ensure protection of your interests—both in the divorce case and through the foreclosure process.
Temporary Injunction
If the lender has already initiated foreclosure proceedings, you can sue to bring the entity into the divorce as a third party. The bank has a financial interest in the proceedings, and the court has jurisdiction over the assets, so a third party action is property. Once the lender is before the court, you can request that the judge issue a temporary injunction order prohibiting the bank from proceeding on the foreclosure until the order is released.
Couples do not just wake up one day and decide to divorce. There are indications that spouses are growing apart and that dissolution of the marriage is inevitable, which usually develop in the weeks and months before filing divorce paperwork. During this period of irretrievable breakdown, one spouse may be tempted to destroy or waste marital assets—often out of spite and with the view that destruction of property is preferable to letting the other person have it.
Dissipation of marital assets is a serious matter, so you should discuss your situation with an Illinois divorce lawyer right away if you suspect wrongdoing.
Legal Definition of Dissipation of Assets
Dissipation occurs when one spouse uses property for a purpose unrelated to the marital relationship and at a time that the marriage is irretrievably breaking down. The period of breakdown is not typically a single moment, but rather a series of developments that indicate the marriage is coming to an end. The unrelated purpose element is a case-by-case analysis, but examples may be:
When parents and their children have lived in different states throughout the duration of the marriage, extremely complicated issues arise regarding child custody in a divorce case. In Illinois, the key for handling disputes is jurisdiction—a court’s authority differs when handling divorce matters versus child custody battles. Jurisdiction may be proper over one aspect of the case, but not appropriate for the other. Because of the highly complex nature of the legal issues involved, it is wise to retain an Illinois divorce attorney with experience in interstate child custody issues.
Divorce Jurisdiction
Under the Illinois Marriage and Dissolution of Marriage Act, a court has jurisdiction to enter an order of dissolution of marriage so long as one of the spouses was a resident of the state when filing for divorce. In addition, jurisdiction is proper if one of the spouses was stationed in Illinois as a member of the armed services. The spouse must be a resident or have military presence in the state for at least 90 days prior to initiating divorce proceedings. Once the filing spouse meets the 90 day requirement and submits the petition for divorce, the case will proceed in Illinois regardless of where the other spouse lives.
Congratulations are in order if you have recently gotten engaged and are embarking on the planning phase of your upcoming wedding. As you are preparing the guest list, booking a venue, and making arrangements for the reception, the legal aspects of your nuptials may be the furthest from your mind. However, there are some important tasks you need to address as your wedding day approaches—matters that can ensure you are getting your marriage off on the right foot. Discuss your specific circumstances with an Illinois prenuptial agreement attorney, and consider these “must-do’s” before the big day.
Apply for Your Marriage License
Before Illinois will recognize your marriage as legal, you will need to secure a marriage license from the county clerk’s office where you or your soon-to-be-spouse live. You must both appear before the clerk in order to obtain the license, and bring proof that you are 18 years or older; a driver’s license, state-issued ID, or birth certificate will be sufficient. If either of you were married before, you will need to supply the information on why and when the previous marriage ended (death, divorce, etc.).
When an adult suffers from a condition that renders him or her unable to handle personal and financial matters, an Illinois court may appoint a guardian to handle these tasks. If you are the individual appointed to care for the needs of a developmentally disabled person, there are certain obligations and responsibilities you undertake as a guardian. In sum, you have two duties: You manage the ward’s personal care, and are also accountable for his or her financial affairs. Your role is an important one under the Illinois statute, so it is important to work with an experienced guardianship attorney to ensure compliance with the law.
Guardian of the Ward’s Estate
The term “estate” refers to the real and personal property that belongs to the ward. As estate guardian, you manage all aspect of the person’s assets, including real estate, bank accounts, investment accounts, interests in a business, automobiles, household items, and personal belongings. You are required to care for, manage, and invest estate property frugally and in such a way as to provide for the comfort and suitable support of the ward. Any expenses outside this legal mandate can have serious consequences. For certain expenditures, you will need a court order approving the transaction.
The purpose of spousal maintenance is to provide one partner with the financial means to support himself or herself according to a reasonable standard of living after a divorce. The award of alimony to one spouse is subject to modification based upon a variety of factors; however, the Illinois statute is clear on the circumstances that will terminate support:
While the first two situations are straightforward, the cohabitation factor can be slightly tricky. It is necessary to take a close look at complicated statutory language and review case law, so you will need an experienced spousal maintenance attorney to assist with your situation.
Cohabitation Factors That Terminate Maintenance
The Illinois statute states that the person paying spousal support is relieved of the obligation if the alimony recipient cohabitates with another individual in a “resident, continuing, conjugal” environment. The “conjugal” element, for many years, was assumed to involve a sexual relationship between two individuals, but the Illinois Supreme Court clarified the issue in a 1985 case. The term is Latin for a husband-wife relationship, rather than a sexual relationship. The justices found that people can be cohabitating on a conjugal basis without any sexual conduct, and that cohabitation should refer to the general meaning of living together as a married couple.
If you have a temporary order of protection issued by an Illinois court to protect your safety and that of your family, it can be terrifying to think about what the abuser may do when the designated time period expires. By its terms, a typical restraining order may last anywhere from a few weeks up to a couple of years, depending on the circumstances.
Fortunately, Illinois law does provide alternatives to letting an order of protection expire, but the process to extend or modify can be complicated. An attorney with experience in restraining orders can tell you more about the proceedings.
Types of Orders of Protection Under Illinois Law
There are three different restraining orders under Illinois law, and they would each apply depending on various circumstances.
Emergency Order of Protection: When you have a legitimate, demonstrable fear that an abuser will engage in violent acts against you or a member of your family, you may obtain an emergency restraining order for 14 to 21 days by filing a petition with the court. Though notice of legal proceedings is usually required in other types of cases, you do not have to notify the abuser that you are going to court.
A major change in Illinois child custody law went into effect in 2016—a move that represents a shift to what some would call a more modern approach to addressing the needs of minor children in a divorce. Under the Illinois Marriage and Dissolution of Marriage Act, the law now requires divorcing spouses to work on a plan for allocation of parental responsibilities and parenting time.
Experts across the country have stated the numerous benefits to the concept of shared parenting, which is replacing the traditional joint and sole custody laws in other states. Since Illinois has followed suit, it is important for divorcing parents to understand how shared parenting will impact their lives.
Illinois Law on Shared Parenting
Effective January 1, 2016, Illinois law no longer refers to “custody” and “visitation” in addressing the needs of minor children. These terms have been replaced by “parental responsibilities” and “parenting time,” both of which focus on the best interests of the child.
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