Need advice as someone starting their divorce? Learn what Madilyn Keating Ellsworth, family law associate, has to say on the topic.
Legal Issues
What special issues arise when there’s been domestic violence in regards to child support?
Sometimes people think that child support is something that is only part of a divorce. However, like seeking temporary child custody, victims in a domestic violence matter have the ability to request temporary child support as part of the TRO. You can also file a separate motion for child support should you, and the abusive […]
What types of decisions must parents share in a joint custody situation?
Decision-making authority covers significant decisions in a child’s life, such as healthcare, education, extracurricular activities, and religion. Each of the significant decisions can be shared or jointly made by both parents. There is however, no requirement that the decision-making be joint. Further, if the parents agree, the court can order other significant decisions in a […]
What happens to the kids in the aftermath of domestic violence?
There is a second way protect your safety and the safety of your kids. Depending on the family situation, the TRO can include a temporary visitation or parenting schedule to see the children with designated locations for pick-up and drop-offs. However, you can request a temporary order of sole custody, and even a risk assessment […]
Is joint custody still possible with parental conflict?
Yes, joint decision-making authority is possible in cases where there is a lot of conflict between the parents that it impairs their ability to cooperate with one another. Whether such an arrangement would be determined on a case by case basis. Further, such an arrangement may work for some parents despite the conflict, whereas it […]
How can a victim file a temporary restraining order?
The primary way the law offers protection to victims of domestic violence is through a temporary restraining order (TRO). The objective of a TRO is to eliminate contact between the victim and the abuser. Depending on the party’s situation, the restraining order can include provisions similar to an order requiring the person who committed the […]
How does New Jersey Law define domestic violence?
Domestic violence is an umbrella term used to describe abusive acts of physical violence, verbal and/or physical aggression, as well as other controlling behaviors directed toward a current, or former intimate partner, as well as an adult household member. In New Jersey, domestic violence is defined to include any of 15 different criminal offences, including […]
What do Illinois courts consider when choosing parental responsibilities?
In determining the allocation of parental responsibilities, the judge will examine a series of factors. There are several factors used to determine who will have decision-making authority for a child. There are also several factors used to determine the parenting time schedule a parent will have with a child. These factors are generally referred to […]
What do you mean by “Domestic violence doesn’t discriminate?”
Looking at statistics for domestic violence, we can clearly see how spousal or partner abuse is something that affects people from all races, religions, and walks of life. One in four women, one in five men, and one in three partners in LGBTQ relationships will become victims of domestic abuse at some point over their […]
If somebody has to seek enforcement of a court order, can they get their spouse to pay their attorney’s fees?
It’s not absolute, but there is a provision within our statute that does allow it. If a court finds that someone’s violation of a court order is without good cause or justification, then yes, a court will award attorney’s fees for the time, attorney fees expended for us seeking enforcement. If it’s for discovery, for […]
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