Family Law: Our Core

Whether in a divorce or parentage/paternity matter, the relevant factors considered by the court regarding the Allocation of Parental Responsibilities (decision-making) are the child’s best interests.

Under 750 ILCS 5/602.5(c) of the Illinois Marriage and Dissolution of Marriage Act, when determining the child’s best interests for purposes of allocating significant decision-making responsibilities, the court shall consider all relevant factors, including, without limitation, the following:

1.) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making;
2.) the child’s adjustment to his or her home, school, and community;
3.) the mental and physical health of all individuals involved;
4.) the ability of the parents to cooperate to make decisions, or the level of conflict between the parties that may affect their ability to share decision-making;
5.) the level of each parent’s participation in past significant decision-making with respect to the child;
6.) any prior agreement or course of conduct between the parents relating to decision-making with respect to the child;
7.) the wishes of the parents;
8.) the child’s needs;
9.) the distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and the child’s daily schedules, and the ability of the parents to cooperate in the arrangement;
10.) whether a restriction on decision-making is appropriate under Section 603.10;
11.) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
12.) the physical violence or threat of physical violence by the child’s parent directed against the child;
13.) the occurrence of abuse against the child or other member of the child’s household;
14.) whether one of the parents is a sex offender, and if so, the exact nature of the offense and what, if any, treatment in which the parent has successfully participated; and
15.) any other factor that the court expressly finds to be relevant.

Smart Strategy: Keep perspective and maintain a positive mindset for your own benefit and that of your child as you move through the family law process. Keep the peace and stay calm as you work with your legal professional to carefully analyze the facts of your situation in the context of the multiple factors that a court considers regarding the allocation of parental responsibilities.

Both parents have an obligation under the law to financially support their children whether the parents are married, separated, divorced, or were never married. The State of Illinois has established specific child support guidelines that the courts generally follow to calculate how much child support one parent pays to the other.

How is the Amount of Child Support Determined in Illinois?
Prior to a 2017 reform, child support was calculated on a percentage system based upon the non-custodial parent’s net income. For child support orders entered after July 1, 2017, the court now relies on an “Income Share Model” which is a system used in the majority of states.

Under the Income Shares model, child support is based on the average cost of raising a child and the basic obligation to provide for the appropriate and necessary needs of the child. The court determines this number using specific guidelines set out in the Illinois Marriage and Dissolution of Marriage Act in 750 ILCS 5/505.

One of the reasons behind Income Shares is that it a more equitable approach because the incomes of both parents are considered rather than only the income of the non-custodial parent. The goal of this new system is to allocate support for the child as if the parents and child were still living in an intact home. By using the combined net income of both parents, the primary benefit is that it puts the needs of the child first and foremost.

How is Net Income Determined?
One of the first steps in calculating support is for the court to determine the monthly net income of both parents by subtracting either a standardized or individualized tax amount from monthly gross income. After combining the net incomes, the court will apply that number to the obligation schedule. The obligation schedule is organized using net income and the number of children. Based upon a chart established by the state, the number that corresponds with the correct net income for both parties and number of minor children is what is called “the total basic support obligation.” The basic support obligation is then divided between the two parents based on their percentage share of the combined net income. The non-custodial parent will pay their obligation to the custodial parent.

Child support is not tax-deductible by the payor and not taxable to the recipient.

Modification of a Child Support Amount:
Child support can be modified based upon a substantial change in circumstances, such as:

• A change in the noncustodial parent’s income
• A change in employment
• Healthcare hardship
• A change in the allocation of parenting time
• A change in the needs of the child
  

Failure to pay child support can result in consequences such as:

• Being held in contempt of court
• Interception of tax refunds
• Financial penalties
• Business license restrictions
• Passport seizure
• Driver’s license suspension
• Jail time

In addition to child support, a parent may also be required to contribute to additional expenses pertaining to the minor child, such as healthcare, childcare, extra-curricular activities and education. Whether you are the payor or the recipient of child support, a smart financial analysis includes how additional child related expenses will be accommodated for and incorporated into the court order.

Smart Advocacy: Interest accrues at 9% on child support payments more than 30 days overdue. If you feel that circumstances exist which necessitate a change in the amount of child support, then consider requesting relief from the court as soon as possible to reduce your risk and costs.

Pursuant to 750 ILCS 513 of The Illinois Marriage and Dissolution of Marriage Act, a parent may seek a contribution from the other parent towards the post-secondary educational expenses of their child, including a public or private college/university or a vocational/trade school.

What factors does the court consider when making a decision towards college contribution?
While both parents have an obligation, the amount each must contribute need not be equal and the court will consider all relevant factors, such as:

• The present and future financial resources of both parties to meet their needs, including, but not limited to, savings for retirement
• The standard of living the child would have enjoyed, had the marriage not been dissolved
• The financial resources of the child, including scholarships and savings accounts
• The child’s academic performance

What counts as an educational expense?

• College tuition and fees – to set a cap on these expenses, the court will compare the costs against the in-state tuition and fees paid by a student at the University of Illinois at Urbana-Champaign for the same academic year.
• On campus or off-campus housing – this amount is not to exceed the cost for the same academic year of a double-occupancy student room with a standard meal plan in a residence hall operated by the University of Illinois at Urbana-Champaign.
• The child’s healthcare expenses – includes medical and dental.
• Reasonable living expenses during the academic year and periods of recess.
• The cost of books and other supplies necessary to attend college.
• The cost of up to five college applications, two standardized entrance exams, and one standardized college entrance exam prep course.
  

Timing for the payment of post-secondary expenses?
Parents with younger children may reserve the issue before the court regarding the payment of post-secondary expenses to be decided at a later date. Parents whose children are close to entering college or trade school will likely incorporate the percentage of each parties’ responsibility to pay into their Allocation Judgment.

Unless otherwise agreed by the parties, the establishment of an obligation to pay towards post-secondary educational expenses is retroactive only to the date of the filing of the petition. Accordingly, do not wait to seek relief from the court if college/trade school is approaching and an agreement has not yet been made.

If an agreement is reached between the parties, consider entering into an agreed order entered with the court which can be enforced by the other parent for failure to pay. Make arrangements with the institution so separate payment plans can be established.

Unless otherwise agreed, educational expenses are not payable beyond age 23 of the child, except for good cause shown, but in no event later than the child’s 25th birthday.


Consideration for disabled children who reach majority:
It is important to note that 750 ILCS 5/513.5 of the Illinois Marriage and Dissolution of Marriage Act addresses contributions for a mentally or physically disabled child who is of the age of majority. The court may award sums of money for the support of the child, which can be paid to one of the parents, to a trust created by the parties for the benefit of the child, or to an irrevocable special needs trust, established by the parties and for the sole benefit of the non-minor child with a disability.

Smart Plan: Set aside your personal differences as your child approaches adulthood; communicate honestly about your financial resources; proactively plan for major expenses; and keep your focus on the child whom you both love.

A divorce or parentage matter where child related issues are in dispute can be extremely difficult on the whole family and sometimes people reach an impasse.

When parents are still unable (or one or both parent is refusing) to reach terms regarding their child related matters, the court may use the services of an independent and neutral individual to obtain information and make recommendations regarding the best interests of the child.

Illinois Courts have the authority to appoint three different types of representations on behalf of the child which are: (1.) Guardian ad litem, (2.) an Attorney on behalf of the child, or (3.) a Child’s Representative when there are disputed issues in family law matters, such as divorce and parentage proceedings, pursuant to 750 ILCS 5/506 of the Illinois Marriage and Dissolution of Marriage Act.

There are distinctions between these three different types of representations on behalf of the child:

• An Attorney for the child (AC) is an independent legal counsel for the child and owes the child the same duties of confidentiality. The attorney for the child advocates for the child and his/her express wishes. Unlike a GAL or CR, the child’s attorney is not required to conduct any type of investigation and is not required to make any recommendations to the court based on the child’s best interest.
  
  
• A Child’s Representative (CR) has the same investigative power as a GAL; however a CR can participate in the litigation, they cannot be called as a witness and a CR is not subject to cross examination. A CR cannot make recommendations to the Court but can present his/her position to the court in the form of a pretrial memorandum subject to evidence based legal arguments. Communications between the child and children’s representative are confidential, except as required by law.
  
  
• A Guardian ad litem (GAL) is appointed by the court to serve as “its eyes and ears.” The GAL is tasked with conducting an investigation regarding the facts of the case, interview the parties and the minor child(ren) and prepare a written report or testify before the court setting forth his/her recommendations with respect to the best interests of the minor child. Information provided to the GAL is not confidential. The GAL is subject to cross-examination as a witness.
  
  

In Illinois, which type of representation is generally appointed on behalf of a minor child in a family law matter?

Guardians ad litem are often the type of representation that is usually appointed in family law matters where there are disputes regarding the allocation of parental responsibilities (decision-making) and parenting time, relocation issues, mental health concerns, substance abuse and domestic abuse.

Each judicial circuit in Illinois is responsible to develop a set of qualifications and educational requirements for attorneys appointed by the court to represent children. A judicial circuit may maintain a list identifying the contact information of which attorneys are approved as GAL’s in that specific county.

What training is required to become a GAL?

The Supreme Court of Illinois promulgated rules to ensure that GAL possesses the ability, knowledge, and experience to do so in a competent and professional manner. 

Part of those requirements include that the GAL have ten (10) hours of continuing legal education prior to being appointed on a case and also continue to have periodic continuing legal education training every two (2) years, in the following areas:

• child development;
• roles of guardian ad litem and child representative;
• ethics in child custody and allocation of parental responsibilities cases;
• relevant substantive state, federal, and case law in custody, allocation of parental responsibilities, visitation, and parenting time matters; and
• family dynamics, including substance abuse, domestic abuse, and mental health issues.
  

How can I access more information about a Guardian ad Litem?
Illinois Supreme Court Rules pertaining to a Guardian ad Litem can be found at the following links:
Rule 900: Purpose and Scope
Rule 901: General Rules
Rule 906: Attorney Qualifications and Education in Child Custody, Allocation of Parental Responsibilities, Visitation, and Parenting Time Matters
Rule 907 : Minimum Duties and Responsibilities of Attorneys for Minor Children
Rule 921: General Provisions
Rule 922: Time Limitations
Rule 923 : Case Management Conferences

How can a GAL foster settlement?

A Guardian ad litem conducts an investigation that is objective and he or she has a neutral perspective regarding the child related issues pending between the parties. Accordingly, a Guardian ad litem can be a useful resource to foster settlement and assist the family to determine the best possible solution for a child so the whole family can move forward.

Smart Strategy: In order to avoid the further emotional and financial costs associated with a contested hearing, keep an open mind regarding the information accumulated by the GAL and work with your own attorney to see which of the GAL’s recommendations can be used to promote peace and foster settlement.

Parenting time is determined consistent with the child’s best interests and the factors that the court considers are listed below. Parenting time includes routine time with a child and special occasions, including vacations and holidays. If parents cannot negotiate a parenting schedule, the court will decide. The general goal of the court is to ensure the child will spend as much time as possible with both parents and that the parenting time schedule is consistent. 


For more information regarding the relevant factors that the court considers relating to parenting time: 

Illinois Best Interest Factors and Allocating Parenting Time: Under 750 ILCS 5/602.7, when determining the child’s best interests for purposes of allocating parenting time, the court shall consider all relevant factors, including, without limitation, the following:

1.) the wishes of each parent seeking parenting time;
2.) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to parenting time;
3.) the amount of time each parent spent performing care-taking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child’s birth;
4.) any prior agreement or course of conduct between the parents relating to care-taking functions with respect to the child;
5.) the interaction and interrelationship of the child with his or her parents and siblings and with any other person who may significantly affect the child’s best interests;
6.) the child’s adjustment to his or her home, school, and community;
7.) the mental and physical health of all individuals involved;
8.) the child’s needs;
9) the distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and the child’s daily schedules, and the ability of the parents to cooperate in the arrangement;
10.) whether a restriction on parenting time is appropriate;
11.) the physical violence or threat of physical violence by the child’s parent directed against the child or other member of the child’s household;
12.) the willingness and ability of each parent to place the needs of the child ahead of his or her own needs;
13.) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
14.) the occurrence of abuse against the child or other member of the child’s household;
15.) whether one of the parents is a convicted sex offender or lives with a convicted sex offender and, if so, the exact nature of the offense and what if any treatment the offender has successfully participated in; the parties are entitled to a hearing on the issues raised in this paragraph (15);
16.) the terms of a parent’s military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed; and
17.) any other factor that the court expressly finds to be relevant.

Smart Strategy: Any time spent with your child is precious. Look at the circumstances from your child’s perspective who usually loves both parents and does not want to be “in the middle.” Keep a positive attitude so you can maximize the time you have in your child’s life to be a loving parent and influential presence.

Having children outside of the formality of marriage is common. 750 ILCS 46 et seq. addresses the rights and responsibilities of unmarried parents and their children by providing for recognition of a parent-child relationship.

How is parentage established?
Unless and until paternity is established, the mother has sole custody which includes the full legal and physical custody of the child. If an unmarried father wants to establish his parental rights, he must first establish paternity which can be done in one of three ways:

1. Both parents complete, sign, have witnessed, and file with the Department of Healthcare and Family Services (DHFS) a Voluntary Acknowledgement of Paternity (VAP) form;
2. DHFS Child Support Services establishes and enters an Administrative Paternity Order; or
3. An Order of Paternity is established and entered in the court.

If paternity is contested, the court will likely order a DNA test. 750 ILCS 46/401.

What other matters will the court address in a parentage action?
In addition to parentage, the court will address the issues of allocating parental responsibilities (custody), decision-making, parenting time, child support, and contributions towards other child related expenses.

Child support in parentage cases is determined using the same criteria that is applied to divorcing parents under the Illinois Marriage and Dissolution of Marriage Act. Additionally, in actions brought within two years of a child’s birth, a court may direct a father to pay the reasonable expenses incurred by the mother relating to her pregnancy and delivery of the child. Child support may also be retroactive to the child’s birth after the court considers relevant factors, such as the father’s prior knowledge of the child’s birth and the extent the mother previously sought his assistance in supporting the child.

Allocation of parental responsibilities regarding decision-making and parenting time is also determined using the same criteria that is applied to divorcing parents under The Illinois Marriage and Dissolution of Marriage Act.

Smart Strategy: In a parentage matter, carefully analyze the facts of your situation in the context of the multiple factors that a court considers regarding the allocation of parental responsibilities, parenting time, child support and child related expenses in your parentage proceeding.

One of the purposes of the Illinois Marriage and Marriage Dissolution act is to “continue existing parent-child relationships, and secure the maximum involvement and cooperation of parents regarding the physical, mental, moral, and emotional well-being of the children during and after the litigation” 750 ILCS 5/102(7)(d)

Relocation disputes arise when a parent seeks to move more than 25 miles away and wants to bring the child with him or her as part of the permanent relocation. 

Relocation cases are among the most difficult issues in family law because they tend to be litigious, situationally unique, and difficult to settle. There is no middle ground and they are decided on a case-by-case basis. 

If parents cannot come to an agreement, a court will make the decision of whether to allow a parent to move with a child following litigation.

The relevant statute regarding relocation cases in Illinois is: 750 ILCS 5/609 of The Illinois Marriage and Dissolution of Marriage Act.  The court will make a decision based on the best interests of the child and will reach that decision by weighing multiple and complex factors, often with the aid of a Guardian ad Litem on behalf of the child.

Smart Plan: If you intend to relocate or if you are the parent disputing the relocation of your child, retain counsel who can strategically present the facts of your situation to the court for the benefit of you and your child.

When a case goes to trial, one party will win and one will lose. Sometimes, the losing party will want the trial court judgment reviewed by a higher court through the state appellate process which is the litigant’s absolute right.

The appellate process involves an analysis of the strengths and weaknesses of the case. The appellate court does not allow new information and it only considers the testimony, pleadings and exhibits presented by each party during the initial trial.

Appeals generally follow the final judgment. However, some exceptions exist such as an allocation judgment of parental responsibilities (custody) prior to the final ruling on issues of property.

In order to present the best arguments and maximize the chance for success, this requires adherence to the appellate court rules, persuasive and powerful writing, a clear understanding of the trial court record and mastery of the underlying law.

Smart Strategy: Efficiently and effectively navigate the appellate process to protect your interests.

Divorce does not have to be a grueling battle fought between two parties. The collaborative divorce process is an alternative option to traditional litigation where willing and cooperative parties set out with the mutual intention to reach terms with dignity and respect prior to the filing of the Petition for Dissolution.

Smart Alignment: When you choose to use the collaborative law process, seek counsel who acknowledges your intention of moving forward by keeping the peace.

A Financial Affidavit (FA) is a comprehensive identification of a parties’ financial situation in a family law matter. A Financial Affidavit identifies monthly incomes, monthly expenses, an individual’s assets and liabilities, health insurance coverage, employment status, and child related expenses.

What are Financial Affidavits used for?
A Financial Affidavit is used to provide financial information and relevant documentation to the other party and the judge. The Financial Affidavit is exchanged by the parties through their counsel and in the event a hearing/trial, then will also be reviewed by the Judge.

Is my Financial Affidavit confidential?
In cases where domestic violence is a threat, individuals are able to omit certain aspects of the form in order to protect their safety and identity.

Can I lie on my Financial Affidavit?
No, Financial Affidavits must be completed to accurately reflect your current financial situation. Non-factual and misrepresentations of the truth on a Financial Affidavit may result in serious consequences, sanctions, and/or attorney fees.

To download the blank Supreme Court of Illinois approved Financial Affidavit and Forms, please click here.

Smart Plan: Gather the documents relating to your financial circumstances; slowly work through the completion of your Financial Affidavit to ensure that it is thorough and complete; thoroughly review the Financial Affidavit of your spouse looking for information as well as errors, discrepancies and/or missing information; if needed, obtain supporting documentation; seek additional professional help like an accountant or financial planner; make a wise decision and finally, be confident as you move forward that you took the time and did the hard work necessary to obtain an optimal financial result under the circumstances.

Post-Decree matter are those issues to be decided after the entry of the Judgment of Dissolution.

Enforcement: If obligations and responsibilities outlined in a court order are not fulfilled, then it may become necessary to seek relief from the court for enforcement of your rights. Some of the types of issues heard in post-decree enforcement matters include parenting time disputes, unpaid child support, unpaid maintenance, or a failure to follow through with transferring assets per the Judgment. A party who fails to comply with a provision of a court order may be liable to the other party for attorney’s fees.

Modification: When seeking a modification, a party is requesting a change to the current court order. A modification of a court order may be required when the terms of the order at the time of the dissolution do not accurately reflect the current situation, such as a parties’ inability to pay child support and/or maintenance or adjustments to the parenting time schedule.

Smart Advocacy: Post-decree matters can be as complicated as the initial proceeding, therefore, enforce your legal rights and/or modify court orders with a qualified attorney.

No-one gets married to get divorced; however, sometimes unforeseeable circumstances happen. The purpose of a premarital agreement is to avoid a caustic divorce by resolving certain financial issues ahead of time.

What is a premarital agreement?
A legally binding contract that dictates financial obligations and asset allocation in the event that the marriage ends either through divorce or death of one of the parties. The premarital agreement must be in writing and signed by both prospective spouses. It is made in contemplation of marriage and becomes effective upon marriage.

What is the benefit of executing a prenuptial agreement?
Couples use these agreements for a variety of reasons such as:

• to protect financial interests when there is substantial wealth;
• to protect financial interests when there is disproportionate wealth;
• to keep certain financial assets separate, regardless of net worth;
• to ensure that non-marital property remains the sole property of the owner;
• to protect one party from debt liability;
• to ensure that assets are designated for children from a prior relationship; and/or
• to reduce the emotional and financial cost that can happen in a contested divorce.

What can a premarital agreement address?
Premarital agreements in Illinois are governed by a state statute known as The Illinois Uniform Premarital Agreement Act 750 ILCS 10 et seq.

Pursuant to section 4 of the Premarital Agreement Act, the prospective spouses are allowed to contract regarding:

• the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
• the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
• the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
• the modification or elimination of spousal support;
• the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
• the ownership rights in and disposition of the death benefit from a life insurance policy;
• the choice of law governing the construction of the agreement; and
• any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

Does a premarital agreement require “consideration?”
In other types of contracts, there is a requirement for consideration which generally defined is the benefit each party receives in exchange for what it gives up in the contract. However, a premarital agreement is enforceable without consideration.

Premarital agreements are enforceable in Illinois with very limited exceptions, such as duress or unconscionability. Child support cannot be addressed in a premarital agreement.

Can the parties use the same attorney?
It is important for both parties to have their own attorneys to protect their individual interests, particularly since consideration is not required as part of a premarital agreement.

What is the difference between a premarital agreement and a postnuptial agreement?
Premarital agreements occur prior to the marriage. Postnuptial agreements occur during the marriage.

Smart Plan: Be proactive and do not worry over the “what if’s” as it relates to financial consequences in the event of a divorce. Let us help you develop a premarital agreement or a postnuptial agreement that outlines with clarity the rights and obligations of each party so you can keep focus and work to preserve the integrity of the relationship.

Assistive Reproductive Technology (ART) is an area of law where there is a contractual agreement between two parties regarding the reproduction of children other than through intercourse.

750 ILCS 47 et seq. is the Gestational Surrogacy Act and the purpose of the Act is to: establish consistent standards and procedural safeguards for the protection of all parties involved in a gestational surrogacy contract in this State and to confirm the legal status of children born as a result of these contracts.

Other Illinois statutes apply to the ART area of law, such as 750 ILCS 46 et seq. of Illinois Parentage Act; 410 ILCS 535/12 of the Illinois Vital Records Act; and 750 ILCS 50 et seq. of the Adoption Act.

Smart Growth: Careful construction of the Gestational Carrier Agreement or the Donor Agreement is “a work of art.” If you intend to grow your family through the alternative means of ART then ensure that you have a legal counsel who can effectively assist you in establishing your legal rights as the parent.

The amount of people in the United States divorcing over the age of 50 years old has doubled since 1990. Divorcing later in life can create greater emotional and financial risk for both parties as it has an average wealth drop of approximately 50%.

There are also some particularly shocking statistics around gray divorce and women. The average decrease to standard of living after divorce over 50: for a man is a 21% drop and for a woman is 45% drop.

The unique issues you may need to consider in a gray divorce:

• Retirement: Divorcing when you are close to retirement can result in a less comfortable retirement for each spouse after it is divided or a party may need to access retirement funds earlier than anticipated. Consideration may need to be made about delaying retirement, increasing retirement savings, or retiring with a different lifestyle than originally planned.
• Social Security: In some cases, a spouse is entitled to benefits based on the other spouse’s social security, dependent on the duration of the marriage and each spouse’s income. Getting remarried will stop a parties’ right to receive spousal social security benefits from the prior marriage.
• Income And Spousal Support: There are many issues surrounding income, such as, how will each party maintain an income stream; will it require rejoining the workforce and what is a realistic expectation for income generation; will a spouse be paying or receiving spousal support (alimony); what will happen to maintenance upon retirement; when is retirement reasonable; and will the parties’ be splitting a fixed income.
• Health: Consider issues surrounding the health of each party, the possibility of facing the prospect of long-term medical care, health insurance, and life insurance.
• Competency: As people age, competency may become an issue affecting that person’s ability to represent their own best interests. In such a situation, an attorney or the court may wish to have competency addressed.

Smart Growth: Long term relationships have broad consequences to the family dynamic that parties are wise to carefully consider.

A Civil Union is defined as a legal relationship between two parties who are granted protection at the state level. Civil Unions were originally formed to allow same-sex couples to publicly and legally commit to one another prior to the legalization of same-sex marriages.   In Illinois, a Civil Union can also be dissolved through the court system.

Following the 2015 US Supreme Court Decision in Obergefell V Hodges, the LGBTQ+ community has the same rights, responsibilities, and protection in marriage and divorce as heterosexual Marriages and Civil Unions. Smart Law will advocate for your basic human rights and work collaboratively with you. 

Smart Inclusion: Treat all people equally and with respect.

Each case is unique and every client’s needs are important. Mental health issues of a spouse uniquely affect a divorce as addiction and/or personality disorders can lend themselves to emotionally devastating, expensive, and protracted litigation.

At the outset, it is important to actively listen to a client to ensure guidance towards a solution which is best suited for the specific goals, needs and priorities of that individual who has likely been “worn down” even before engaging in the divorce process. Client education, practical tools, and use of outside professionals may be helpful to be able to navigate these types of high-conflict matters.

Smart Inclusion: In order to effectively and proactively move forward in these types of cases it is important to maintain frequent communication between client and lawyer, to be consistently focused on strategy and to be adaptable to changing circumstances. Collaborate with your Smart Law attorney to quickly identify whether mental health is an issue and analyze risk.