ILLINOIS DIVORCE LAW BLOG

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I have represented, along with alienated parents, the grandparents that have been kept out of the lives of their grandchildren. For many years, Illinois did not recognize the right of grandparents to assert a petition for Grandparent Visitation. Illinois, however, currently has a Grandparent visitation statute that permits, under certain circumstances, grandparents petitioning a court for the right to have visitation with their grandchildren.

Recognizing the seriousness of the issue, leading Parental Alienation expert and author Dr. Amy Baker has written on the issues concerning Grandparent Alienation:

” Grandparents can derive tremendous pleasure from relationships with grandchildren and suffer terrible pain and loss when those relationships are disrupted or prevented. As with alienation between a parent and child, alienation between a grandparent and grandchild represents a form of ambiguous loss in which the child is physically absent but very much alive in the heart and mind of the grieving grandparent. There is no closure because the child is still alive. That is the blessing and curse of alienation.

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My practice is devoted, in part, to complex custody litigation. I have always believed that to practice in this area at a high level, a focus, if not a passion, for clinical issues was required in order to best serve my clients and their children’s best interests. For over a decade I have been a member of the American Psychological Association, and other professional associations focused on psychology and legal issues.

I was particularly pleased this year to be admitted by invitation and application to Forensic Forum. Forensic Forum is a select group of clinicians, judges and lawyers that meet via seminars, meetings and dinners to discuss developments in law and psychology affecting child custody and other related issues in the family court. Forensic Forum describes its mission this way:

” The purpose of this organization is to provide education, study, consultation and services to the legal and behavioral sciences professions and to the community; to establish dialogue among professionals involved with law and behavioral sciences; to explore ethical and legal issues at the interface of law and the mental health professions; and to enhance ethical practice at this interface. It is the mission of the Forensic Forum to offer informational services to the public and to the respective professions regarding optimal practice in the areas of behavioral sciences and the law.”

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One aspect of my practice is helping my clients manage what can be one of the biggest traumas in life….an unexpected divorce. As a divorce and child custody attorney, I am not involved in the practice of therapy, but any experienced and dedicated lawyer in this filed understands that one has to be mindful of the traumas and difficulties our clients face in managing an unexpected divorce. Part of this caring and management involves coaching, support, caring, and, for some, a referral to a skilled clinician for therapy.

Canadian therapist Justice Schanfarber just published an interesting article on the healing process that can be undertaken when the trauma of a divorce arrives:

” The end of a relationship or marriage can feel like death. Grief is an appropriate response. This means anger, sadness, denial might all arise.

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I reviewed an interesting article this morning on men, and how men fare in society in light of divorce and changing roles in life in a man’s middle aged years.

Divorce is difficult and traumatic for both men and women, but it seems some women have a resiliency that allows them to move forward in life more successfully than men, generally. The article points out that women traditionally have been better suited to forming relationships with other people, and have certain social skillsets that many men lack in middle age.

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Further, the majority of women in divorce are awarded the residential custody of children, leaving some fathers in middle age without a household of children to wake up to, without a partner to look after, and without the funds to explore other activities.

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In my work in Divorce and Custody Law, I have been involved, as well, with a number of Abuse and Neglect cases in Juvenile Court. Some of these cases arise out of an initial divorce filing, and a finding is made that there is active abuse or neglect occurring within a family environment. My law school alma mater, the University of San Diego, conducted a study that examined the efficacy of law intended to protect abused and neglected children.

From the study:

” Laws intended to protect children from abuse and neglect are not being properly enforced, and the federal government is to blame. That’s according to a study by the Children’s Advocacy Institute at the University of San Diego School of Law, which says children are suffering as a result.

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As part of my law practice, I track interesting articles relating to BPD and NPD. My clients are often benefited by having some coaching about these disorders and the best strategies for dealing with high conflict and toxic spouses. Here’s one article today from PsychCentral of interest:

How are Complex Trauma and Borderline Personality Disorder Related?

By Sara Staggs, LCSW, MPH

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I have written in the past during the holidays on the subject of creating new traditions; the idea is that during or after divorce, creating new activities and places to celebrate the holidays with yourself and the children, versus lamenting the loss of past traditions. Trading lamentation for adventure takes work, just as working oneself out of a sense of post-divorce loneliness during the holidays takes effort. I found this article on PsychCentral today on 10 ways to combat the sense of loneliness…this article may be particularly useful during these holiday periods for people going through a divorce or separation.

” Have you ever been lonely in a crowd? Have you ever been perfectly content all alone? Me too. And I have also suffered from loneliness.

Loneliness is a complex mental and emotional phenomenon that has at its base a powerful emotion that has survival value for children. All of us have experienced some degree of abandonment, if only for a short time, and remember the painful and scary feeling that goes along with it.

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Kelly O’Brien is a Wellness Expert at MindBodyGreen, Freelance Writer for multiple publications including Wellness Revolution, Cafe Truth and a host of wellness chronicles. She shares some compelling insights about unhealthy narcissism in the context of relationships:

” Most of us have been in a relationship with a narcissist. Perhaps you’ve been sucked in by a self-absorbed family member, a spouse, a boyfriend, a co-worker, or a friend.

Perhaps you thought it was your fault when the narcissist left you feeling diminished and full of despair.

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The State of Arizona considered recently an addition to its list of factors in determining the award of custody to a parent in a divorce case. This proposed addition addresses an issue that I have seen many times in my many years of managing high conflict custody cases: the false allegation of domestic violence in a contested custody case.

A false allegation of domestic violence in a custody case often takes the form of an initial filing for an Emergency Order of Protection prior to, or at the same time, that a divorce is being filed. The parent filing the falsely alleged OP believes that he/she will gain an advantage in the divorce case by having the other parent removed from the marital home and estranged from the children.

I see these false claims in OPs being made by parents actively committing Parental Alienation.

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A new law in Illinois as of January 1, 2015 changes how spousal support is determined for divorcing couples whose combined gross income is less than $250,000. This new law raises some interesting issues with respect to the global finances of divorce, so let’s examine briefly the new law of spousal support in Illinois.

The law, which was developed by the Illinois State Bar’s Family Law Section Council, creates a protocol for calculating maintenance based on the income of the parties and the length of the marriage. The law that has been in use for years essentially placed a high degree of discretion with the trial judge; parties to divorce sometimes had very little guidance as to what a given judge would award for maintenance, or if any award was to be granted.

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Under the new law, a maintenance award should equal 30 percent of the payor’s ( the one who pays maintenance) gross income minus 20 percent of the payee’s (recipient) gross income, not to exceed 40 percent of the parties’ combined gross income when added to the payee’s gross. Where the parties both earn higher incomes, there is a threshold percentage that “caps” the award at no more than 40 percent of the combined incomes. Longer marriages benefit from longer terms of maintenance; shorter term marriages see a lesser time period involved.

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DeKalb, IL 60115
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Geneva, IL 60134

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