Illinois Divorce Lawyer Blog

Published on: September 7, 2015

Illinois Divorce: Will New Law Change Divorce and Custody?

Illinois law is about to change with respect to divorce and custody. Put simply, SB57 is the Illinois legislature’s effort, effective January 1, 2016, to change the way that divorce and custody litigation is conducted in Illinois. But, as the old saying goes, “the more things change, the more they stay the same,” and such may the case with this sweeping new law.

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As many other states have done for years, Illinois law now rejects determinations of fault (such as adultery or mental cruelty) in divorce. More importantly, SB57 does away with terms like “custody” and ‘visitation” and now requires the court to determine “parenting allocation,” though the court is still required to determine which parent will have the primary residence of the children, as well as assign the obligation for the payment of child support to one parent.

While other states have crafted more modern laws that allocate between parents both parenting time and financial responsibility, Illinois’ new law still has inappropriate vestiges of the old custody, visitation, and child support law. As the law changes, parents in divorce beginning in Fall of 2015 will need to be mindful of the new laws and their effects.

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Published on: August 2, 2015

Illinois Divorce: Factors to Consider in Deciding to Divorce

By Michael Roe

Excerpted from psychcentral.com: Are You Ready For Divorce? 7 Questions To Ask Yourself

” This article outlines what couples need to do to face the numerous dilemmas associated with divorce. But first, they must identify their unique dilemma. Couples facing the possibility of a divorce face one of these three dilemmas:

* I want the divorce but I am not sure if it is the right decision. Since going through a divorce impacts the lives of your children as well as your lifestyle, economics, and marital investment, the pressure to make the “perfectly correct” decision is enormous.

* I do not want the divorce but my spouse does. Being in this reactive place will leave you feeling out of control and helpless. You will experience intense emotional devastation as your life will be changing before your eyes without you having any say in the outcome. In addressing this dilemma, you need to ask yourself if you are clinging to familiar, safe ground and to a marriage based on illusions. It is not easy to acknowledge and confront the problems in a marriage, especially when you are feeling so hurt by your partner.

* I only want this divorce because my marriage is not working. There will be tremendous preoccupation and anger about how your partner caused you to make this decision. The amount of noise generated from this blaming will be in direct proportion to your unwillingness to risk expressing any of your own fears and sadness. If this doesn’t occur, the divorce proceedings to follow will be riddled with tension and conflict as well as a continuation of the blaming.

The common element in all three dilemmas is fear. Victims of the first dilemma fear making a mistake. Victims of the second dilemma fear their own attachment to the familiar. The third group of victims fear accountability and softness. All three result in divorces that are combative and drag on and on, sometimes for years on end.” Credit: http://psychcentral.com/blog Continue reading →

Published on: July 26, 2015

One Man’s Story: Parental Alienation

By Michael Roe

This is one person’s account of their life as a child victim of parental alienation, and the more positive outcome that arose as an adult.

Published on: July 20, 2015

Illinois Divorce: Parental Alienation Issues

By Michael Roe

From an interview with Dr. Amy Baker, PA expert:

” I must admit I am a bit disappointed in the comments so far on the WDET website in response to my interview. I hate to see the conversation devolve into a gender war when the research is so clear that both mothers and fathers can be alienators. I would prefer to see attention focused on prevention (education of custody evaluators about differentiating alienation from estrangement, training attorneys in proper handling of these cases, and so forth). There is so much to agree on! See http://wdet.org/posts/2015/07/17/81018-what-is-parental-alienation-syndrome/

..and my response to those commentators questioning Dr. Baker’s approach:

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Published on: July 14, 2015

Illinois Divorce: Parental Alienation

By Michael Roe

The case involving the Michigan judge that placed three children in juvenile hall as a punishment and coercive measure has been roundly criticized for using contempt proceedings, in what even the judge agreed is a longstanding Parental Alienation case. From a local Detroit newspaper account:

Three Bloomfield Hills kids who refused an order by a judge to go to lunch with their father have been ordered to a juvenile detention facility.The Tsimhoni family was in Oakland County’s family court for a hearing on supervised parenting time when Judge Lisa Gorcyca took matters into her own hands.

June 24 court transcripts showed how upset the judge was. She ordered the Tsimhoni kids ages 14,10 and 9 to have a “healthy relationship” with their father. She criticized them for avoiding him and even compared them to Charles Manson and his cult. Gorcyca then ordered the children to apologize and have a nice lunch with their dad. When they refused, Gorcyca held them in contempt and had each child hauled off to Children’s Village’s juvenile hall – until they are 18 years old.

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Published on: May 3, 2015

Divorce and Stress: The Path to a Less Stressful Divorce

By Michael Roe

As part of my law practice I am fairly heavily invested in the study of psychological issues in divorce, including issues such as personality disorders and the pathology of parental alienation. Included in my approach to the psychology of divorce is the study of how to make life changes less stressful and how to manage a divorce and custody case with tools to lessen the severe stresses that a contested divorce involves.

Reading an article from a prominent psychologist neuroscientist and author, the following observation was made:

“The stress of divorce is … equivalent to the stress of experiencing a car crash every day over six months.” Lyubomirsky, 2013, p. 15 of “What You May Not Know – Soundbytes from The Myths of Happiness,” Sonja Lyubomirsky, Ph.D.

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Published on: April 27, 2015

DuPage Divorce: Grandparent Alienation

By Michael Roe

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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Published on: April 7, 2015

Kane County Divorce: Custody Forensics

By Michael Roe

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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Published on: March 4, 2015

Kane County Divorce: Approaches to Healing: the Unexpected Divorce

By Michael Roe

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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Published on: February 27, 2015

Divorce is difficult and traumatic for both men and women

By Michael Roe

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.

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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