Volume 05| September 2019
FIRM NEWSLETTER
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We hope to provide updates and awareness of legal issues through this newsletter. In this month's issue we focus on parental alienation and the factors that the court considers in dividing marital property. We welcome the fall season.
Understanding and Avoiding Parental Alienation
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Going through a divorce is hard enough for most people, but parents with children often have it even harder. It may seem almost impossible to get through the divorce process without having a negative impact on the children. However, when one parent is purposely turning the children against the other parent and discouraging a relationship with the other parent, the children may be at risk for more than just confused feelings and being caught in the middle. In extreme cases, the behaviors of one parent may seek to drive away the other parent in an attempt to abolish the relationship between the children and the other parent.

Parental alienation encompasses extreme behaviors. In fact, a New York Appellate Court recently stated that in order for parental alienation to occur the alienating parent has to intentionally damage the reputation of the other parent in the eyes of the children and the alienated parent must demonstrate no “legitimate justification” for those actions.  J.F. v. D.F., 61 Misc.3d 1226(A), 2018 N.Y.Slip.Op. 51829(U). Parental alienation involves behaviors by parents that are intended to diminish the interest of the children in spending time with the other parent or refusing to have contact with the other parent. (Read more)
Division of Marital Property During Divorce
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As part of the divorce process, the court will divide the property of the parties. The court will assign the non-marital property of either spouse to that spouse. With regard to the marital property of the parties, the court will consider several factors before assigning any interest in the marital property to either spouse. Marital property includes all debts, assets and other obligations acquired by either party subsequent to the marriage that is not otherwise considered non-marital property. Stay tuned for an upcoming article for a more detailed discussion regarding the classification of non-marital property and marital property.

The law in Illinois does not require that marital property be divided “equally” (50/50). Instead, the law requires that the marital property be divided “equitably”. This means that at trial, the division of marital property is more than just a numbers game. In assigning interest in marital property, the court considers the following factors (Read more)
Spotlight
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September marks the first day of fall. For many of us this means, the kids are back to school, we have extra activities, we begin to plan for the holidays and the temperatures start changing. Fall is my favorite season of the year. I love getting together with family, enjoying the fall flavors and watching the changing colors of the leaves. However, fall can also be a good time for some relaxation and reflection. No matter what, we all experience stress inducing situations and everyone handles those times differently. In order to gain personal and professional success, it is important to take some time to relax and focus on yourself. Enjoy this fall season.

Upcoming Community

Care4 Breast Cancer 5k Run/Walk at Woodstock North High School on October 20, 2019 at 8:30a.m. (Event Information)
Gehris & Associates, LLC
820 E. Terra Cotta Ave., Crystal Lake, IL 60014
815-893-0020