Posted on December 07, 2021 in Divorce

Selecting an attorney to represent you in your divorce proceedings is undoubtedly one of the most important decisions you have to make when beginning the process of dissolving your marriage. 

In many ways, choosing the right attorney to represent you in divorce proceedings can have a lasting impact on your future and set the foundation for whether or not you will be successful in your matter. At Nagle & Giese, P.C., all initial consultations with each of our attorneys are free of charge for the first thirty (30) minutes. To best prepare for your consultation, we have compiled a list of essential questions to ask during your initial consultation in order to choose the best attorney for you.

How long have you been practicing law and what percentage of your practice is family law?

It is important to ask your potential attorney how long he or she has been licensed as an attorney and whether they practice mostly in domestic relations.  This will give you an idea of their level of experience and if she or he can handle the issues your case presents.  Obviously, the more complex the case, the more experienced of an attorney you will be seeking. Although you can probably imagine that with experience comes higher hourly rates. Further, attorneys that have been practicing for a substantial period of time, as well as those who are actively involved in the legal community, are more likely to have worked with the judges and opposing attorneys in your case. 

Continue Reading ››

 Posted on October 29, 2021 in Divorce

It’s no surprise that the ongoing COVID-19 pandemic has flooded the domestic relations courtrooms with a flurry of never-before-seen litigation. The courts are dealing with unprecedented issues such as taking parenting time and parental decision-making away from a parent who refuses to get vaccinated or who refuse to vaccinate a child at the age of 12 and older. Specifically, judges have recently ruled on these issues and relied on the “serious endangerment” and “best interest of the child” standard to restrict parenting time and order mask wearing and/or vaccinations of parents and children. Some litigants (and lawyers) argue that judges are forcing their personal beliefs on the parties and/or taking a political stance, while others believe these judges are playing their part in ending the pandemic and keeping people safe.  Regardless of your personal view on the vaccine or mask mandate, the legal question presented is whether the court has the authority to take such action and if so, what is the burden of proof a litigant must meet

Continue Reading ››

 Posted on October 05, 2021 in Divorce

Divorce is not only a legal process, but it is also an emotional process. At times, the divorce process can get extremely hectic and litigious between spouses, especially when they have different parenting styles and disagree on how to raise their children. Sometimes, this tension is enough to create doubt that the other parent is properly caring for the children or result in allegations regarding the same. In severe instances, parents, teachers, neighbors, or family members may even contact the Department of Child and Family Services (DCFS) if they believe the children may be in danger. For parents who are going through a divorce, it is important to understand how DCFS investigations work and how they may impact your divorce case.

In Illinois, DCFS is responsible for investigating any reports of possible child abuse and neglect. These investigations typically take 60 days to complete. Its goal is to protect the health, safety, and best interests of a child in situations where that child may be vulnerable to abuse or neglect. In gathering evidence during their investigation, a DCFS investigator will often visit the family home, meet with the child and the parents, and meet with any other individuals living in the home. The investigator will also make contact with the person who made the initial report, although that person’s identity will remain anonymous.

Continue Reading ››

 Posted on September 23, 2021 in Family Law

The Graduated Driver Licensing is new to many parents with student drivers since these rules were not in place until around 2011.

According to Illinois Law, the purpose of the Graduated Licensing Program is to develop safe and mature driving habits in young, inexperienced drivers and reduce or prevent motor vehicle accidents, fatalities, and injuries by providing for an increase in the time of practice period before granting permission to obtain a driver's license, strengthening driver licensing and testing standards for persons under the age of 21 years, sanctioning driving privileges of drivers under age 21 who have committed serious traffic violations or other specified offenses, and setting stricter standards to promote the public's health and safety. See 625 ILCS 5/6-107.

In other words, Illinois’ Graduated Driver Licensing Program allows teen drivers to gain experience on the road and prove they are good drivers before they “graduate” to fewer restrictions and more driving privileges.

Continue Reading ››

 Posted on August 27, 2021 in Family Law

When you are arrested or charged with an offense, a criminal record is created, even if the case is dismissed or you are found not guilty. Unless you take the steps necessary to petition the court, the record of the arrest and/or the charges remain on your permanent record. In fact, sometimes these criminal records can be accessed by the public, including your family, friends, employers, trade organizations, banks, and credit agencies. To have your record erased or hidden you must file a Request to Expunge and/or Seal Criminal Records with the court and have a judge approve your Request. There are 3 ways to clear your criminal record: (1) expungement, (2) sealing, or (3) clemency.

An expungement essentially “erases” arrests and court supervisions from your criminal record so it is as if they never happened. Once an expungement is granted, all records of your arrest and charges will be removed from public criminal records and are destroyed. No one, not even law enforcement, will be able to access the expunged records and use them against you. This can be extremely beneficial when you apply for a job, an apartment, a professional license, or any other application that requests information regarding whether or not you have ever been charged or arrested for a criminal offense. In fact, after your record has been expunged, you can answer “no” to any such questions on these types of applications.

Continue Reading ››

 Posted on July 27, 2021 in Divorce

In some instances, a party files for divorce and then decides that reconciliation may be possible and wishes to stop the divorce proceedings.  It is important to know that just because you have filed a case, does not mean that you are required to get divorced and if you and your spouse decide you wish to attempt reconciliation, you do have options.  At Nagle & Giese, P.C. we believe in making all efforts to preserve the family unit and we always encourage parties to pursue their options for reconciliation in safe and healthy marriages.

If the case is being dismissed entirely, there are procedural requirements that must be followed.  The party who files the initial Petition for Dissolution of Marriage is known as the Petitioner in the divorce case. The other party is known as the Respondent. The Respondent can file a counter-Petition in which case they are also known as the Counter-Petitioner.  This is relevant because if you are the Respondent in the case, the Petitioner must agree to the case being dismissed.  If you are the Petitioner, and the Respondent does not agree, you may still be able to withdraw your Petition and close the case, as long as no Counter-Petition or custody proceeding has been filed and you pay the filing fees of the other party. 

Continue Reading ››

 Posted on July 19, 2021 in Divorce

In many divorce cases, one spouse knows very little about the family finances, assets and debts, or the other spouse’s income and employment. There are many reasons why that could be the case, but often times it is because the other spouse was responsible for handling all of the financial aspects of the parties’ lives while they were married. Even in situations where the parties believe they are familiar with the other party’s income and assets, confirming that full disclosure has been made under oath is critical for diligence purposes.  Further, the exchange of financial information of both parties is necessary in order to reach a fair resolution in the case, whether through trial or settlement. Therefore, attorneys always recommend that the parties participate in full discovery during the divorce process.

Discovery is the process by which parties in a court case can obtain information and evidence that may be relevant to the specific facts or allegations in their case. Discovery is also commonly known as the “information gathering” stage of a case.  In a divorce case, typically all income and financial assets are relevant, even if they are non-marital, and at least 3-5 years of information is requested. It can be time consuming to prepare and gather as well as for the recipient to review and parties often spend many hours sorting through PDF’s or bankers boxes of documents in order to comply.

Continue Reading ››

 Posted on March 05, 2021 in Divorce

After a divorce, many people want a “fresh start,” and hope to find that by moving to another location. Sometimes, their move is prompted by a better job opportunity, a new significant other or family members, or better housing and school opportunities. Regardless of the reason, parents who share parenting time with their children cannot simply up and move. Rather, Illinois law requires that parents abide by certain rules and procedures for relocation with the children. 

Under Illinois law, the term “relocation” is defined as follows:

“(1) a change of residence from the child’s current primary residence located in the counties of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child’s current residence, as measured by an internet mapping service;

(2) a change of residence from the child’s current primary residence located in a county not listed in paragraph (1) to a new residence within this State that is more than 50 miles from the child’s current primary residence, as measured by an internet mapping service; or

Continue Reading ››

 Posted on February 23, 2021 in Family Law

The world as we knew it has been forever changed by the COVID-19 pandemic, and that includes how domestic relations court proceedings are being handled. After initially halting court proceedings in March and April of 2020, courts in most counties in the state of Illinois have now mastered dealing with the pandemic restrictions and have implemented remote procedures, including those for statuses, pre-trials, settlement conferences, temporary hearings, prove-ups, and even multi-day evidentiary trials.

In some ways, the pandemic has made the domestic relations process easier for families. For example, litigants do not have to deal with the hassle of driving to court, parking, going through security, or finding the right courtroom. Instead, litigants can attend court from the comfort of their own home or office. For example, in DuPage County, the court currently allows individuals who have entered into a complete agreement with their spouse to get divorced without ever having to come to court at all.  Instead, they can simply submit affidavits to the court along with their proposed agreements.  

Continue Reading ››

 Posted on February 09, 2021 in Divorce

Since 2019, Illinois has utilized an income shares model for calculating child support.  The income sharing model considers the combined net income of both of the parents and the number of children in calculating the amount of child support. Each parent is then required to pay a percentage of the total obligation that is proportionate to their percentage of the combined income.

Most of the time, the parent with the majority of parenting time, even if they earn more than the other parent, will receive child support payments. The amount of support, however, changes substantially in a shared parenting scenario where the minority parent has at least 146 days with the children during the year. In this situation, the amount of support substantially decreases as the number of overnights above 146 increases.

How does remarriage affect my child support payment?

Generally, when a party paying support remarries, his or her new spouse’s income will not change the amount of support due to the recipient parent. The same goes for the reverse situation: even if the recipient party remarries someone with a significant income, the obligor’s monthly child support will not decrease. The income of the obligor’s spouse is not factored into child support calculations because the new spouse has no legal obligation to financially support the obligor’s child. However, new spouse income can still be considered in the context of child support (and sometimes maintenance) modification proceedings or in rare instances the initial setting of support with unusual circumstances. Even though a new spouse doesn’t have any legal obligation for the support of his or her stepchildren, when one or both parties have since remarried or is living with someone in a committed long-term relationship, the income of the new spouse or cohabitant can be relevant.

Continue Reading ››