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Posted on in Divorce
While you are going through the stressful process of getting a divorce, it is very important to keep in mind the psychological needs of your children. A divorce is a stressful thing, especially for children; they may feel guilt, confusion, and even a little bit of fear. Dr. Phil wrote a book, Family First: Your Step-by-Step Plan for Creating a Phenomenal Family, which addresses some of the needs of children experiencing divorce. He believes you should make your best attempt to fulfill all of these needs. LaraThe greatest need of a child is acceptance. It is probably true that during this stressful time their self-concept is in a fragile and informative stage, even more so if they are at a young age. At this point in time, their sense of belonging to the family has been disturbed; this will cause them to try and gain your approval. Children will also take blame for the things going on in their families. It is not uncommon for a child to think that if they hadn’t misbehaved or asked for something, their parents would not have started fighting. It is important for you to make them feel that they are a priority and to help them understand that the divorce is not their fault. Another serious need of children of divorce is assurance of safety. With all of the big changes going on, they need to know that the rest of their world is still predictable and they don’t need to be paranoid. It is important that you try to maintain your normal routine and pace, and keep changes as minor as you can. You should also be sure to assure your children that should not feel guilty for your divorce. They often feel that their misbehavior is what triggered the problem. Let your child know that they are not to blame. It is important to keep a sense of structure within your family. This period of time is very stressful for children; to them, their world is falling apart around them. Be sure to continue to enforce discipline and reward good behavior. They must know that things will still keep some normalcy and that they are still involved. No matter what emotional stress you are enduring, you must appear to be  strong for the sake of your children. This will help calm them and allow them to relax. And lastly, you need to let your kids be kids. It is not their job to magically heal your pain. You should not force your children to deal with adult issues and situations they cannot control; there is no reason for them to shoulder those responsibilities. Children and the divorce process are a sensitive combination. It is important that no matter what you may be feeling, you must remember to think of your children and put their needs first. If you are a parent going through the divorce process, be sure to contact an experienced Illinois family law attorney to answer any questions you may have and help you with this strenuous time.
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Posted on in Family Law
Order of Protection is the legal term for a “restraining order,” which is a document signed by a judge that states that a specified person must stop a certain behavior and stay away from the person who asked for the order. The person who asked for the order is the petitioner and the person who is served with the order of protection is called the respondent. Filing a petition for an Order of Protection is the first step in getting an order of protection. In the petition, the petitioner must state why they are asking for the order against the defendant. Specific “incidents of abuse” are also noted in a section of the petition that describes past events that have led to a need for an Order of Protection. After consideration of the petition, the judge will choose to grant and Order of Protection or not to grant one. There are three different types of Orders of Protection that can be granted, including:
  1. Emergency Order of Protection
  2. Interim Order of Protection, and
  3. Plenary Order of Protection.
An Emergency Order of Protection is often granted the quickest in order to stop abuse, but only lasts 14 to 21 days. Judges may also grant these orders without notifying the defendant first. An Interim Order of Protection is granted usually while waiting for something else to happen such as a hearing or trial and can only last for 30 days. Interim Orders are often granted while the petitioner is attempting to notify the defendant of an Order of Protection hearing for a more permanent order. A Plenary Order of Protection is only granted after both the petitioner and the defendant have presented arguments to a judge and can last up to two years. If you need to petition for an Order of Protection against someone else, contact a family law attorney for assistance. Goostree Law Group, located in Kane County can help you file today.
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Posted on in Alimony / Maintenance
AmandaIf requested, Illinois law allows for temporary or permanent alimony to be awarded in a divorce. The courts will make a specific decision for each case, as each situation is unique. Either spouse may request alimony but it is not guaranteed that it will be granted. The court looks at all relevant circumstances to determine whether or not it should be given. If circumstances change, alimony can be changed or even eliminated in Illinois. Reasons for elimination are getting remarried or cohabiting with another person. There is a specific calculator that determines the amount of alimony that will be given to a spouse and how long it will be paid after the divorce. The court determines this by looking at each party’s incomes and assets, and needs, the duration of the marriage, contributions to the marriage, and prior agreements between the parties, according to Divorcesource.com. The spousal support is executed when the opposing spouse gets remarried or passes away. According to divorcesource.com, “The courts prefer that parties come to their own agreements on support, custody and property division matters.” Illinois courts can grant temporary, short or long-term spousal support. Temporary support is usually given during the divorce and before the final decree by the court. Short-term alimony is granted to allow the recipient to acquire necessary skills to support themselves financially. Long-term or permanent alimony is given to the spouse who has greater needs and/or has had a lengthy marriage. If you or anyone you know are going through a divorce, be sure to contact a lawyer for questions about alimony. Call an experienced Illinois Divorce Attorney today.
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Posted on in Divorce
Legal separation, according the Chicago Bar Association, is an order that is approved by a judge, stating that a husband and wife may legally live apart, but they will still have responsibilities and obligations to each other, which are laid out in the agreement as well. Married couples may also choose to live separately without a legal separation. This is not the same thing as a divorce because a separation does not end the marriage and the judge is not involved with property separation. LucyMarriage separation may be requested by a husband or wife for many reasons. Although the judge does not determine property separation, he or she can help determine spousal and/or child support obligations, use of the couple’s shared home, child custody and visitation rights. If a couple agrees on these matters, the judge will still review them to determine fairness. To file for a legal separation, the couple must be living apart from one another when the court action is begun, and the person seeking the separation must be able to prove that the reason for the legal separation is not his or her fault. Because a legal separation is not the same as a divorce, having a legal separation still does not allow either party to marry another partner until a dissolution of their marriage or a divorce has occurred. If the couple chooses to file for divorce after being legally separated, however, neither can claim property that the other gained after the time of the separation. Another difference from divorce is, should a spouse die during the legal separation, the living spouse will still inherit from the deceased as he or she would in a marriage. If you have questions or are interested in a legal separation or a divorce, contact Goostree Law Group for assistance. These family law attorneys are located in Kane County, Ill. and can assist you with your divorce or legal separation today.
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Posted on in Divorce
Michael Jordan and his longtime girlfriend Yvette Prieto applied for a marriage license in Palm Beach, Florida. According to the license, the couple has until May 9 to get married. MelissaThe basketball legend has been married once before. He got married in 1989 to Juanita Vanoy but they divorced in 2006. During the marriage, the couple had two sons and a daughter. However, Jordan cannot celebrate completely. He is currently fighting a paternity suit from a woman named Pamela Smith. She claims that Jordan is the father of her 16-year-old son. According to this article from ABC Chicago, this claim was made once before and it was “conclusively established” that Jordan is not the father. His lawyer wrote in a statement to the Associated Press that “Public records show that the paternity of the child was established in a prior case in this same court many years ago and that Michael Jordan is not the father. He also filed a counterclaim seeking sanctions for the false claims made against him.” Smith divorced from her husband in 2003. The divorce document claims that the marriage produced one child, and Smith signed this to be true. Jordan’s lawyer cited this document in his statement, also writing that “It is unfortunate that well-known figures are the target of these kinds of claims. Michael Jordan will vigorously defend himself and his reputation.” Michael Jordan played on the Chicago Bulls from 1984-1993, and again from 1995-1999. During this time he led them to six NBA championships. He is also the majority owner and head of basketball operations for the Charlotte Bobcats. Family law covers many different areas—from marriage and divorce to child custody and paternity suits. If you’re currently dealing with any family law aspect, our Kane County law firm can help. Contact us today to speak with a lawyer.  

Image courtesy freedigitalphotos.net

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