An Order of Protection is available for parties who are being stalked, harassed, or abused by their partner (physically, verbally, or sexually). It is available not only for romantic relationships (e.g., spouse, boyfriend/girlfriend), but also other family relationships (e.g., between a farmer landlord uncle and farmer tenant niece). Although the procedures for filing and defending against an order of protection …
Most parties going through a divorce do not consider the option of keeping the farm business intact. Everyone’s brains (including the lawyers’) typically go to dividing the farm/ranch assets, along with its inventory. However, there is another option: keeping the business intact. This has several advantages, especially if this is a multi-generational farm family business. This requires careful planning and …
It is uncommon for agriculture producers and business owners to consider estate planning and succession planning for their agriculture operation in the midst of a divorce; however, divorcing farm families should consider this while negotiating the division of marital assets. These assets may include the farm or ranch business and its assets. After all, divorce is one of the Big …
Divorces among farm families inherently have animal issues – not only with live animals but also with genetic material (e.g., embryos, semen). These are important property disputes for some farm families. Depending on the state, companion animals can be treated differently. Companion Animals To begin, companion animals typically include dogs and cats, but can also include some exotic animals and …
Cryogenically frozen embryos are a very unique type of marital property, to say the least. They represent two divorced people having a baby. Dividing this unique, and emotionally charged, property hinges on balancing one party’s interest in not being forced to procreate after a divorce and the right of the other party to have a biological child, which in most …
Generally, a non-custodial parent is entitled to reasonable visitation. 750 ILCS 5/607. However, if a court finds that the parent “seriously endangered the child’s mental, mortal, or physical health or…significantly impaired the child’s emotional development, the court shall enter orders as necessary to protect the child.” 750 ILCS 5/603.10. Actions that limit, restrain, or confine visitation include the following: a requirement ofsupervised visitation; …
Medical records are required to be produced if they are relevant for spousal maintenance. If the spouse requesting maintenance is claiming he or she cannot work because of a medical condition, then the other spouse is entitled to the medical records. During the discovery phase of litigation, the parties may request documents that are relevant to the divorce, including spousal …
When a divorced or separated parent who has physical custody of the child(ren) wants to relocate, he or she is required to give at least sixty (60) days’ prior written notice of the change of residence (“relocation”) to the other parent, unless such notice is impracticable or unless otherwise ordered by the court. See 750 ILCS 5/609.2(d). This notice must …
Supervised visitation requires the presence of a third party during parenting time. 750 ILCS 5/600(m). This restriction on parenting time can only be imposed after a hearing where the court finds the child’s physical, mental, moral or emotional health is “seriously endangered.” This is not as a strict a restriction of termination of parental rights. Instances where supervised visitation may …
I get a lot of questions during consultation on the factors to determine the allocation of parental responsibilities in Illinois. Although trial court judges are given a lot of deference to take into consideration the totality of the circumstances, the statute sets forth 14 concrete factors (and one catch-all factor) for the court to consider. They are: the wishes of …
As of 2018, matrimonial judges can consider the “well-being” of a pet in deciding whether there will be sole or joint ownership. The new law expands the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”). Now, 750 ILCS 5/503(n) states that: “If the court finds that a companion animal of the parties is a marital asset, it shall allocate the …