How Courts Hear Children
The Hague Convention aims to expeditiously return children who have been unilaterally removed from their habitual residence by an abducting parent. But what happens when more mature children have their own preferences?
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Accepted: The Constitutionality of Section 513 of the IMDMA
Illinois is only one of a handful of states where courts may require parents to contribution to their child’s college education. This “non-minor support” is codified in Section 513 of the Illinois Marriage and Dissolution of Marriage Act and applies to those parents who are undergoing a divorce, have already been divorced or were never married. Pursuant to this statute, the court may order certain educational expenses to be paid either to the child, the other party or directly to the institution itself.
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Fighting Like Cats and Dogs Over Cats and Dogs
People love their pets. That’s indisputable. We often hear pet owners refer to themselves as a “dog mom” or a “cat dad” – which makes sense. Pets have become more like cherished members of the family more than anything else. According to the 2019-2020 National Pet Owners Survey, sixty-seven percent (67%) of households in the U.S. or roughly 85 million families own a pet. Moreover, this number could be much higher today since the Covid pandemic began and people were forced to stay inside and work from home. Since Covid, pet ownership has continued to soar.
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Diversity Thoughts
The political ascendancy of Vice President Kamala Harris has released hope in women across professions in which women and women of color are often underrepresented. While all Americans and women in particular are still assessing the meaning of a woman in the White House, Feinberg Sharma, P.C. celebrates the promotion and recognition of women in all professions, especially in the legal field.
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Why We Mentor Our Associates
We value mentoring each associate and partner so that they grow as individuals, as members of our firm, and as respected family law practitioners globally.
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Molshree “Molly” Sharma Named to Crain’s Chicago’s 2020 Notable Women in Law
Congratulations to Molshree Sharma, of Feinberg Sharma, who was chosen for the 2020 Notable Women in Law list by Crain’s Chicago Business. It was a competitive field, with over 200 nominations received.
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LESSONS OF A YOUNG LAWYER
Throughout law school and before, I always knew I wanted to work and practice in family law. So, when I officially became an Illinois licensed attorney in November 2019, I started my career working as a family law associate attorney at Feinberg Sharma, P.C. At that time, I was focused mainly on trying to immerse myself into the hectic and intimidating atmosphere that was the Domestic Relations division. Somehow, everybody knew everybody here. How could I break in and make my mark?
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Gia M. Conti joins FS as newest partner
Feinberg Sharma is pleased to announce the addition of Gia Conti as our newest partner. Her focus began in general civil litigation and has transitioned over the years to the complexities of high net worth asset divisions, business valuations, maintenance, as well as the intricacies of parental decision making (custodial issues) and parenting time disputes.
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The Contractual Approach to Assisted Reproductive Technology Litigation
The number of frozen embryos in the United States continues to rise exponentially as people are turning to assisted reproductive technologies (ART) in order to conceive. Current laws fail to protect parties making agreements relating to their frozen embryos. Courts typically use the contractual approach to determine parties’ so-called agreements regarding the disposition of their frozen embryos. However, looking at these agreements as if they were simple contracts fails to protect parties in the divorce context. If courts continue to use the contractual approach, then they have a responsibility to examine the parties’ so-called agreements more closely.
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Habitual Residence: The Supreme Court Speaks
For years, federal courts across the country have differed in defining the term “habitual residence” for purposes of Hague Convention child abduction cases – the first element which the left behind parent must prove when seeking to have the child returned to their home country.
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Social media and divorce can be a messy combination
Chicago residents who are facing an impending divorce should approach social media with caution for the duration of the proceedings.
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Collaborative law can take some of the “sting” out of divorce
Splitting couples who can agree to respectfully resolve differences may benefit from the collaborative divorce process.
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Divorce is experiencing a boom among Baby Boomers
More Americans are getting divorced later in life, which comes with unique financial and emotional challenges.
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Chicago-area couple’s divorce leads to dispute over family pet
A Chicago-area couple is involved in a lengthy divorce dispute largely centered on custody of the family dog.
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Experts disagree on the merits of Parental Alienation Syndrome
Parental alienation syndrome first appeared back in the 1980s. The discovery of PAS is attributed solely to Dr. Richard Gardner, a professor of psychiatry. According to Dr. Gardner, PAS describes when a child is essentially brainwashed by one parent to turn the child against the other parent. Not surprisingly, PAS generally arises in the context of highly contested child custody cases.
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Protecting your future in a divorce
Ask any Illinois resident who has been through a divorce what the process is like and you are bound to hear stories about how difficult it is. The incredibly wide range of topics to be discussed and agreements to be made can be overwhelming.
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Illinois couples encouraged to consider prenups
The number of people opting to enter into prenuptial agreements has been on the rise in recent years. There are many factors that affect this and it is clear that what had long been thought of as necessary only for the very elite can now be beneficial to everyday couples.
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The Impact of Domestic Violence on Property Division in Divorce in the U.S.A.
To understand the impact of domestic violence in the context of property division in the United States, one must view the concept of the “war” against domestic violence as a dynamic force, finally gaining acceptance at large, yet trying to find its place in the midst of the various “no fault” concepts that govern divorce law in each of the 50 states.
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Facebook and Divorce
Facebook, Twitter, Tumblr and other social media and networking sites have become primary methods for people to stay in contact with each other.
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Top Ten Fears of Divorce
The family law attorneys at Feinberg Sharma, devote their entire practice to resolving complex matrimonial and family law matters, including divorce and child custody, for clients in Chicago, Illinois
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Three Red Flags That a Spouse May Be Hiding Assets During Divorce
Even in the bitterest divorce, few people would like to believe that their spouse would conceal assets from them in order to affect the outcome of a property settlement, alimony or child support order.
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The Second Time Around Could Ring Your Bell: The Dangers of Child Support for the Non-Owing Spouse
Beware: If you are married to someone who pays child support, your income now can be combined with your spouse’s income for purposes of calculating your spouse’s child support obligation. Illinois has ventured into new territory with In re Marriage of Rushing.
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Joy M. Feinberg Named To The Top 100 USA Family Law Trial Lawyers
Feinberg Sharma (FS) is pleased to announce that partner Joy M. Feinberg has been elected as a Diplomat of the American College of Family Trial Lawyers (ACFTL).
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So You’re Getting Divorced: What to Expect and How to Proceed
Can I stop the divorce? If you are not the spouse who filed for divorce, you probably cannot stop the proceeding. If your spouse wants to get a divorce, he or she has a right to do so—no state will force a spouse to remain married.
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New Year, New Divorce Laws
Starting January 1, 2019, more than 250 new laws became effective in Illinois, including significant changes to Illinois’ divorce laws. This article summarizes the major changes to the Illinois Marriage and Dissolution of Marriage Act taking effect this year.
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International Child Custody & the Hague Convention
What remedies are available to left-behind parents when one parent unilaterally removes a child from the child’s place of habitual residence to another country?
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Hindu Marriage and Divorce: Issues That Affect Dissolution Matters in the United States
Molshree “Molly” A. Sharma recently wrote an article for the American Bar Association Journal on Hindu Marriage and Divorce.
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All Over the Map
The Hague Convention on Civil Aspects of Child Custody provides for an expeditious return of children wrongfully taken from their habitual residence. Different interpretations of the Convention’s key terms have led to inconsistent applications by the federal circuits.
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Molshree ‘Molly’ Sharma Named to Crain’s Chicago’s Notable Women
Sharma, a partner at family law firm Feinberg Sharma, received the honor which recognizes legal industry leaders in Chicago
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After Your Divorce Is Final: Tying Up Loose Ends
While your divorce may be over, your obligations under the terms of your divorce may be just beginning. It is imperative that you have a clear and complete understanding of the judgment and agreement.
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Maintenance and Cohabitation
What happens if a maintenance recipient does not marry but simply cohabits?
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Domestic Violence Harms the Child! The Seventh Circuit Puts Children First in International Custody Disputes
What happens when a United States citizen parent takes her child from a foreign country, where they have been living, to the United States in order to escape domestic violence?
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Premarital Agreements
Family business owners endure the long hours, pain, stress and strain of building and growing a business so that they can provide their family with an environment of financial security and stability, with the ultimate hope of future generations running the business.
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Illinois Case Law on Parental Abduction
In situations where a court has found a REPEATED, continuing, ongoing pattern of interference with the non-custodial or non-residential parent’s right to have access to and an ongoing relationship with the child of the parties, Illinois courts have ordered a change of custody to rectify the perception of alienation by one parent to another from the child of the parties.
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In re Marriage of Allen, 2016, 1st District
Keith and Debra Alen had lived together for 13 years prior to getting marriage. They had been married for less than 7 months when they filed for divorce.
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Hacking Spouse’s Email
In the highly emotional time of a divorce, it can become tempting for people to cross lines that should not be crossed. Hacking into your spouse’s email account or computer to try and find some damning evidence against them is that step too far.
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Recognizing Unreasonable Divorce Demands
As an Illinois couple considers a divorce, financial issues and child rearing can be some of the most contentious matters under the scrutiny of both parties, their lawyers, and the court system.
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Millionaire Ex-spouses Have Been in Court for 7 Years
A divorced couple in Illinois has failed to reach a final divorce settlement after seven years of litigation. In April, Cancer Treatment Centers of America founder Richard Stephenson and his former wife Alicia Stephenson formally dissolved their 18-year marriage.
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Safeguarding a Child’s College Savings During Divorce
An Illinois parent who is going through a divorce might worry about the future, especially with regard to finances.
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Gaining Financial Skills Important When Preparing for Divorce
Most married people in Illinois don’t want to think about the possibility of divorce. Since a large percentage of marriages will eventually end, however, it may be wise for spouses to develop good financial skills.
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Cross Examination of a Party in a Relocation Case
The key to any cross-examination is PREPARATION. A good cross-examination is to the point, direct and swift. Questions should be honed to key into a point-by-point attack on the witness. There are four areas of attack on a cross-examination.
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The Judicial Perspective
No matter how good or bad we think our trial presentations appear, the ultimate test is in the eye of the decision-maker — the judge. All practitioners ponder what it is that sells their perspective to the court.
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Inter-country Child Abduction – Indian Legal Response
As the world shrinks and people travel all over the world to work and live so do they establish families and roots where they go.
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Affidavits of Support: Another Option for Divorcing Immigrant Spouses
In addition to seeking spousal maintenance, divorcing immigrants who moved to the United States to get married might have another, and perhaps better, way to seek support - suing to enforce the affidavit of support signed by their sponsoring spouses.
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The Illinois Mental Health and Developmental Disabilities Confidentiality Act
The therapist-patient privilege is a complex matter that requires vigilant protection against disclosure except when the “safety net” of disclosure is required to protect against threats of harm that are, all too often, disturbingly real.
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Common types of retirement benefits divided in divorce cases
The divorce practitioner must be knowledgeable in a multitude of areas to competently handle any case. The financial arena shelters a multitude of minefields for all of us, and few of them are as treacherous as the valuation and division of retirement benefits.
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Direct Examination of the Business Valuation Expert
Skillful, seamless direct examinations are crafted by careful planning and attention to detail. Preparing the direct examination of a business valuation expert requires even more attention to details than most other examinations, as well as some knowledge, if possible, of the audience to whom you are presenting the evidence.
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Family Law Support Awards for Adult Disabled Children in Illinois
As social-service resources grow more scarce, parents will increasingly be called on to support disabled children past the age of majority. This article looks at the factors that affect support awards under 750 ILCS 5/513 and discusses national trends.
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Does an Expert Witness’ Opinion Depend on Who Hired Them?
Joy Feinberg recently wrote an article for Family Lawyer Magazine on the Good, the Bad, and the Ugly of expert witness selection.
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The Holy Trinity of Goodwill: Zells, Talty, Schneider
In every divorce case involving a business, the question arises: Is there a ” goodwill” component, and if so, will it be valued and divided? The first step in understanding the law of divisibility of goodwill is to define goodwill accurately.
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Egelhoff: The Supreme Court Speaks
On March 21, 2001, the United States Supreme Court addressed a nagging issue that all too frequently faced recently divorced couples: IF YOU DIE AFTER DIVORCE, WITHOUT CHANGING YOUR BENEFICIARY DESIGNATION FORMS ON ERISA-GOVERNED RETIREMENT PLANS, WHO WILL GET YOUR BENEFITS?
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