Archive for category Uncategorized
Two Year Wait
Posted by Kelly Thames in Uncategorized on August 12, 2010
Posted on July 15, 2008 by John Steele
Illinois statute requires prevents a couple from getting a divorce until they have been living separate and apart for at least two years . . . unless BOTH parties agree to waive that requirement. In other words one spouse can hold up the marriage for 2 years if they want to. This can lead to one spouse holding the divorce paperwork for ‘ransom’, especially if that other spouse is ready to get remarried to the new love of their life. Such a roadblock can usually be resolved like just about everything else in life. Can you guess what one spouse can give to another to change their mind during a divorce? You guessed it! Money, and sometimes lots of it. Posted on July 15, 2008 by John Steele
Illinois statute requires prevents a couple from getting a divorce until they have been living separate and apart for at least two years . . . unless BOTH parties agree to waive that requirement. In other words one spouse can hold up the marriage for 2 years if they want to. This can lead to one spouse holding the divorce paperwork for 'ransom', especially if that other spouse is ready to get remarried to the new love of their life. Such a roadblock can usually be resolved like just about everything else in life. Can you guess what one spouse can give to another to change their mind during a divorce? You guessed it! Money, and sometimes lots of it.
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DuPage has real banker’s hours!
Posted by Kelly Thames in Uncategorized on August 12, 2010
Posted on June 26, 2008 by John Steele
I learned the hard way today that employees at the DuPage courthouse are really anxious to leave work! Don’t stand near the doors at 4:30 (or try to get an emergency motion heard after 4 p.m.). Oh well, lesson learned. Posted on June 26, 2008 by John Steele
I learned the hard way today that employees at the DuPage courthouse are really anxious to leave work! Don't stand near the doors at 4:30 (or try to get an emergency motion heard after 4 p.m.). Oh well, lesson learned.
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Malpractice Insurance
Posted by Kelly Thames in Uncategorized on August 12, 2010
Posted on June 5, 2008 by John Steele
A situation I observed today made me think of something. Here is a good piece of advice: ALWAYS use an attorney with malpractice insurance. Malpractice insurance can protect you in case the attorney does something unethical, incorrect, or illegal. Also, I have never met an attorney I feel is a good attorney that does not have it. Think about it, if an attorney or firm does not have enough worldly possessions to make it worth his while to spend $2000 a year on insurance for the practice, how good can they be, and how much can they really care about their clients? Posted on June 5, 2008 by John Steele
A situation I observed today made me think of something. Here is a good piece of advice: ALWAYS use an attorney with malpractice insurance. Malpractice insurance can protect you in case the attorney does something unethical, incorrect, or illegal. Also, I have never met an attorney I feel is a good attorney that does not have it. Think about it, if an attorney or firm does not have enough worldly possessions to make it worth his while to spend $2000 a year on insurance for the practice, how good can they be, and how much can they really care about their clients?
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Prenups
Posted by Kelly Thames in Uncategorized on August 12, 2010
Posted on April 10, 2008 by John Steele
Random thought I had today:
If a person entered into a legal contract with someone and was told there was a 50-85% chance that relationship would fail, and if it did fail, that person would be in litigation for some time where every asset they every owned and their future income would be at risk, wouldn’t that person want to protect themselves? Read the rest of this entry »
Hope, Not Sadness Drives Family Law
Posted by Kelly Thames in Uncategorized on August 12, 2010
Posted on February 27, 2008 by John Steele
Today my client sent me my monthly payment for services in a Thank You card that read in part, ” Thanks for helping me to feel that I am not alone in this mess!” Last week I got a baby gift from a client who found out my significant other is expecting a baby. Having happy, or grateful clients, who leave my office better than when they came in is a much more rewarding feeling than simply making money. Of course one can say such lofty comments when one is not worried about the mortgage I suppose. But I do remember my dad reminding me every so often that if a man enjoys what he does, he never works a day in his life. And to my client who sent me the card, thanks for making my day!
Valentine’s Day
Posted by Kelly Thames in Uncategorized on August 12, 2010
Posted on February 14, 2008 by John Steele
What a wonderful time of the year for those of us who are not married, almost married, or with someone we might want to marry. (Sarcasm alert) Of all the Hallmark holidays, this is the one I think is most unfair, both to those who build it up to impossible expectations and to those who have to pay for the expensive dinner and gifts. Read the rest of this entry »
Married siblings, and why DNA testing is cool.
Posted by Kelly Thames in Uncategorized on August 12, 2010
Posted on January 14, 2008 by John Steele
Caught an article out of England where two adopted siblings married each other before realizing they were biologically related. That has to be tough. Consider the emotional, sexual, and legal issues in that one. My first thought was how silly it is not to use DNA testing more. Read the rest of this entry »
Happy Holidays
Posted by Kelly Thames in Uncategorized on August 12, 2010
Posted on January 1, 2008 by John Steele
This time of year is very stressful for relationships. Traditionally, more divorces are filed around this time. I think people put unrealistic expectations on the holidays. Also, having to see in-laws is oftentimes not fun. In England, the first monday of the new year is called national divorce day (or something like that) because its rude to ask for a divorce in England so everyone waits until the new year. For my firm, I have seen a large increase in calls and clients since Christmas, and am sure America is following its cousins across the Atlantic. Just a merry thought I had this New Years. Posted on January 1, 2008 by John Steele
This time of year is very stressful for relationships. Traditionally, more divorces are filed around this time. I think people put unrealistic expectations on the holidays. Also, having to see in-laws is oftentimes not fun. In England, the first monday of the new year is called national divorce day (or something like that) because its rude to ask for a divorce in England so everyone waits until the new year. For my firm, I have seen a large increase in calls and clients since Christmas, and am sure America is following its cousins across the Atlantic. Just a merry thought I had this New Years.
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The Disappearing Spouse
Posted by Kelly Thames in Uncategorized on August 12, 2010
Posted on December 17, 2007 by John Steele
Recent situation came to my attention. A new client explained to me that he came home one day from work to find that all of his wife’s possessions were gone and she was no where to be found. He has since never heard from her (this began 4 years ago).Not to worry! Illinois does not require that you physically serve your spouse to effectuate a divorce. You can give constructive notice (a fancy way for saying “telling your spouse”) via newspaper announcements. In fact, its oftentimes a straightforward process, and only takes a few months.
This is also one of the family law areas I am comfortable doing a flat fee arrangement (since I know with a great deal of precision how much time it will take). Posted on December 17, 2007 by John Steele
Recent situation came to my attention. A new client explained to me that he came home one day from work to find that all of his wife's possessions were gone and she was no where to be found. He has since never heard from her (this began 4 years ago).Not to worry! Illinois does not require that you physically serve your spouse to effectuate a divorce. You can give constructive notice (a fancy way for saying "telling your spouse") via newspaper announcements. In fact, its oftentimes a straightforward process, and only takes a few months.
This is also one of the family law areas I am comfortable doing a flat fee arrangement (since I know with a great deal of precision how much time it will take).
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What State Governs?
Posted by Kelly Thames in Uncategorized on August 12, 2010
Thanks to our mobile society and the fact that family law is state specific, many people are confused about where to go if they want to change custody or some other post decree need. Generally, the state that the original divorce was filed is the correct place to file such post decree motions such as change of custody, modifications, etc. This remains true if the child remains in that state, or at least one parent. If there is no one affected by the final divorce decree left in the original state, the new state where the affected parties live is the correct forum. There are situations (beyond the scope of this post) when the issue is murky and lawyers basically can argue one way or another. Courts like to look at where the children reside when determining which state has the strongest interest in deciding the matter. Posted on December 10, 2007 by John Steele
Thanks to our mobile society and the fact that family law is state specific, many people are confused about where to go if they want to change custody or some other post decree need. Generally, the state that the original divorce was filed is the correct place to file such post decree motions such as change of custody, modifications, etc. This remains true if the child remains in that state, or at least one parent. If there is no one affected by the final divorce decree left in the original state, the new state where the affected parties live is the correct forum. There are situations (beyond the scope of this post) when the issue is murky and lawyers basically can argue one way or another. Courts like to look at where the children reside when determining which state has the strongest interest in deciding the matter.
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