Chicago Illinois Family Law Blog
Keeping the Fourth of July Affordable
Throwing a July 4 bash can get pretty pricey. Just buying all the food can put you over budget. Remember, some of the best parties are not flashy and expensive but communal, intimate, and unique. You don’t have to spend a fortune to have a wonderful and memorable holiday.
What You Need to Know about Child Custody in Illinois
In Illinois, child custody is determined after considering the best interests of the child. In many cases, a judge has jurisdiction to step in and determine custody rights for the parents. This can happen if one of the parents moves to another state or moves back from out of state. The child’s place of residence and home state will determine if an Illinois judge has jurisdiction.
Why It’s Important to Find a Specialized Divorce Attorney
No two divorces are identical. Even though about half of all marriages end in divorce, each case is unique. Only you know what unique issues are important to you and your spouse. You may have property, custody issues, and other complications on the horizon that will require attention. Therefore, a one-size-fits-all divorce attorney will not fit your specific needs.
Even the most cordial of separations can get messy. Negotiations can become complicated when money, property, and children are involved. Your goals for the future may differ significantly from your spouse, so you may have to fight for your best interests. Remember that you have rights and your opinion matters.
Actress Asks the Federal Government to Help Get Her Children Back
“Gossip Girl” star Kelly Rutherford famously lost custody to both of her children, aged 8 and 5, to her ex-husband. He is a German businessman who moved the children to France and then later moved them to Monaco, where they now have citizenship. Since he no longer had a visa to travel to the United States, the children were deported to live with him. According to her attorney, this decision is unprecedented and no child who was born and raised in the United States should be deported from the country where his or her mother resides.
Serving Divorce Papers over Facebook
After you have decided to get a divorce, you must file a divorce petition with the court. Then, you will have to serve your spouse divorce papers. This process allows your spouse to know that papers have been filed at the courthouse and that the divorce process has begun. This will also tell him or her what is being asked and how much time is left to respond. The court will then require proof that your spouse was served with the petition.
For some people, serving divorce papers is a complicated requirement. In one such case, a woman was granted the right to serve divorce papers via social media. According to a recent CNN news report, a Brooklyn woman has been given the right to serve her former spouse a summons for divorce via Facebook.
The Financial Impact of a Divorce
One of the key points of discussion during a divorce is money and property division. These issues can become heated quickly. While some couples argue over who retains stock, property and business ownership, others must decide who will carry the burden of their acquired debt. In both cases, the financial impact of the divorce will be substantial and long lasting.
Here are just a handful of financial consequences that may arise from a divorce:
US Department of Labor Revises Definition of “Spouse” under FMLA
Jeffrey Knipmeyer
Co-Managing Partner
Nottage and Ward
In 2013, the United States Supreme Court in United States v. Windsor declared section 3 of the Defense of Marriage Act (DOMA) unconstitutional. Section 3 of DOMA had prevented the federal government from recognizing the validity of same-sex marriages for the purpose of federal laws or programs, even when the same-sex couples were legally married in their home state. Section 2 of DOMA, which declares that all states and territories have the right to deny recognition of same-sex marriages that originated in states where they are legally recognized, was not challenged in Windsor.
Planning for a Divorce
There are steps you can take to protect yourself and your family before going through a divorce. If you are about to get married or believe that you and your spouse are going to get divorced, it may be in your best interest to seek out a confidential, pre-divorce planning session. During the meeting, you can sign a retainer with the attorney, which will establish an attorney-client relationship.
During a pre-divorce planning session, you and your attorney will review where you are now, and where you would you like to be. Once you have a goal in mind, you can begin to develop strategies to obtain those goals. The process of getting a divorce and of living a post-divorce life will go smoother if you plan ahead.
Moving Children after a Divorce
After a divorce, it is common for a parent to want to move and start fresh. However, you cannot simply relocate a child out of Illinois without permission. Your ex-spouse may have custody rights that prevent you from moving your child out of Illinois. Therefore, it is not advisable to attempt to move your child without first seeking legal guidance. You do not want to violate the terms of your agreement and put your custody rights in jeopardy.
Attorney Leslie Fineberg Featured in Leading Lawyers Magazine – Women’s Edition for 2015
The legal team at Nottage and Ward, LLP is proud to announce that managing partner Leslie Fineberg is featured in the Leading Lawyers Magazine – Women’s Edition for 2015. The article, titled “Leslie Fineberg: Direct Approach Helps Divorce Clients Realize their Exit Strategies,” captures Ms. Fineberg’s exceptional skill and intuitive approach to leading her clients through the divorce process. “Divorce is 50 percent law and 50 percent psychology,” says Ms. Fineberg. Her ability to keep a clear, level head while helping her clients handle such emotional turbulence sets her apart in a field that often takes advantage of divorcing spouses’ vulnerability.
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5 Leslie has been the strongest representation I could ask for
Leslie has been the strongest representation I could ask for in a very complicated, emotional matter. She has continuously looked out for my best interest and the best interest of my son. She is always prompt in getting back to me and in keeping me well informed about my case.
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