Gender Bias in Family Law
Gender bias can be implicit or explicit and occurs in our daily lives whether we are privy to it or not. We continue to see gender bias in our day-to-day lives, and family law is no exception.
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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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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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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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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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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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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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