Civil Union Dissolutions and Mediation

Partners who want to take their relationship to the next level, both ceremoniously and legally, generally have two options: they can be united in marriage or a civil union. In Illinois, dissolving a civil union is almost the same as dissolving a marriage. Here’s what you need to know.

No one sets out to spend their lives together anticipating separating down the line. Just because you CAN have a Civil Union in Illinois, it doesn’t mean you have to stick it out should you be unhappy.

As you traverse the labyrinth of life, you may find yourself entwined in the complex legal maze of civil union dissolutions. It’s a challenging path to tread, one rife with emotional turmoil and legal intricacies. As seasoned divorce attorneys at Masters Law Group, we are equipped with the expertise to guide you through this intricate process, specifically focusing on mediation as a dispute resolution technique.

If you and your partner aren’t sure which may be right for you, it’ll be helpful to learn about the similarities and differences between civil unions and marriages to make an informed decision. Read on to learn more.

WHAT IS A CIVIL UNION?

In Illinois, a civil union is a legal relationship between two people that gives them legal rights to marriage. Civil unions first became recognized in 2011, when the Religious Freedom Protection and Civil Union Act was passed. Civil unions can be entered by same-sex or opposite-sex couples.

Partners who enter civil unions are granted the same protections, responsibilities and benefits that one would normally receive in a marriage. Eligibility for those wanting a civil union include the following:

  1. Must be 18 years of age or older.
  2. Cannot be related – by the half or the whole blood or by adoption; an aunt or uncle and a niece or nephew, whether the relationship is by the half or the whole blood, or by adoption; or between first cousins.
  3. Cannot enter civil unions prior to dissolution of marriage or similar legal relationships.
  4. Individuals who live out of state, as that civil union would not be legal in their home state.

It is important to note that while civil unions are legally recognized in Illinois, they are not federally recognized. If you have entered a civil union with your partner but have decided to move on, you will need a Civil Union Dissolution.

Civil Union Dissolutions

If things didn’t turn out the fairytale you had imagined, you’re not alone. Any couple who wishes to dissolve a civil union will be able to do so in the State of Illinois. To receive a certified copy of a Dissolution of Civil Union records, an interested couple will need to go to the county circuit court clerk where the civil union was granted.

In Illinois, a party to a civil union may petition the Court to dissolve the civil union just as with Dissolution of Marriage. You must draft a Petition to Dissolve a Civil Union alleging similar facts as in a Petition for Dissolution of Marriage, and follow similar procedures as set forth above.

You should also consult with a family divorce lawyer who is highly experienced in Civil Union Law.

Mediation: A Beacon of Resolution

In this intricate landscape, mediation emerges as a beacon, offering a softer, more collaborative approach to dispute resolution. Instead of a contentious courtroom battle, you are guided towards mutually beneficial solutions under the oversight of a neutral third party, the mediator. This approach fosters communication, reduces conflict, and places you and your partner at the helm of decision-making.

The Advantages of Mediation

Mediation in civil union dissolution offers numerous advantages. The process is often less costly and quicker than traditional court litigation. It’s confidential, providing a private arena for you to voice concerns and negotiate terms without public scrutiny. Furthermore, it allows for a greater degree of control over the outcome, as you and your partner make the decisions rather than leaving them in the hands of a judge.

How Masters Law Group Can Assist

At Masters Law Group, we stand by your side as trusted advisors and advocates throughout the dissolution process.

Several unique issues can arise during the process of establishing or dissolving a civil union, so it is vital to have a knowledgeable lawyer to guide you through every step.

We provide professional and individualized legal representation for a wide range of family law concerns, including civil unions. Our firm has dedicated considerable time in order to become knowledgeable and up to date in this new area of family law. Whether you want to form a civil union or are in need of a civil union dissolution, we will take the time to fully understand your situation and provide honest advice regarding your options.

Furthermore, Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. If you are looking to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment.

We will guide you through the mediation process, ensuring your interests are represented, and help you navigate complex negotiations concerning asset division, financial obligations, and child-related matters. Our aim is to facilitate a smooth transition, minimizing conflict and promoting a resolution that respects the interests of all parties involved.

Conclusion

Civil union dissolutions can seem like a daunting legal labyrinth, but they can become more manageable with expert guidance and a focus on mediation. At Masters Law Group, we are committed to providing compassionate, professional assistance to help you navigate these complexities. We believe in empowering you to make informed decisions and strive for an outcome that supports your best interests and those of your family.

Remember, as you go down this challenging path, you are not alone. With a strong legal advocate at your side, you can successfully navigate the complexities of civil union dissolution and mediation.

Schedule a Consultation today to learn more about how we can assist as your Civil Union Dissolution and Mediation attorneys.

The Role of Mediation in Resolving Family Law Disputes

Family law disputes can be emotionally and financially taxing for all involved parties. Fortunately, mediation can help.

Divorce Mediation is a peace-making practice dedicated entirely to couples committed to approaching the end of a marriage with honesty, integrity, and reason.

The aim is for divorcing spouses to reach constructive divorce settlements by avoiding litigation’s emotional and financial toll and without court intervention.

In this blog, we will explore the role of mediation in resolving family law disputes. Here’s what you need to know.

What is Mediation?

Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party who facilitates communication between the parties to help them reach a mutually beneficial solution. Unlike a judge, the mediator does not make decisions for the parties; instead, they help the parties reach their agreement.

Mediation typically begins with both parties meeting with their mediator to discuss the issues at hand. The mediator then facilitates communication between the parties, helping them to identify and address their concerns. Once an agreement is reached, the mediator will draft a written contract that both parties can sign.

In some cases, mediation may not be successful. However, even in these situations, the parties may better understand each other’s positions and concerns, making future negotiations more straightforward. Let’s take a look at some of the benefits of mediation.

1. Cost Savings

The rising costs of divorce have made it increasingly difficult for couples to pursue traditional litigation. However, mediation offers a more cost-effective alternative to conventional litigation, allowing parties to save on legal fees and avoid the costs of lengthy court battles.

According to data from the Bureau of Labor Statistics, the cost of legal services increased by 4.9% in March 2023 compared to the same period last year. With inflation rates remaining high, the cost of divorce will likely continue to rise, making mediation an attractive option for those seeking a more affordable way to resolve family law disputes.

2. Flexibility

When parties opt for traditional litigation in family law disputes, they are at the mercy of the court’s calendar. A judge has multiple cases on their docket and will determine the day and time of an appearance. Because of this, it could result in a delay of weeks or even months. Mediation, on the other hand, allows the parties and counsel to weigh in on scheduling and how the case is to be heard.

In some situations, the proceeding might be a hybrid, in that some individuals appear in person and others participate remotely. This flexibility allows parties to choose a date and time that works for them and participate in the mediation process most conveniently.

Additionally, parties can work with a mediator outside the court’s calendar since mediation is voluntary. This can result in a faster resolution and a more positive experience.

3. Time Savings and Continuity 

Family law cases that go to trial involve major disputes over finances and children and can take time to resolve, prolonging one of the most painful events in a person’s life. The impact of such a trial can be significant, affecting finances, job performance, mental health, and overall well-being.

In contrast, mediation offers a streamlined and efficient process for resolving family law disputes. Mediation minimizes time away from work, children, and other essential aspects of life. Parties can work together to schedule mediation sessions at times that suit their work and family obligations.

Once the mediator establishes rapport with the parties, it is essential to maintain a productive conversation. Agreement on more minor issues can lead to the resolution of larger ones. This incremental approach helps to build trust between the parties and encourages them to find common ground.

4. Privacy

Divorce is one of the most stressful life events, and finding ways to lessen the impact of this stress on the family is crucial. Divorce proceedings can bring additional scrutiny and enhance the anxiety associated with the experience. Courtrooms are open, as they should be, but this can add to the stress of the situation.

Mediation offers a more private, confidential, and intimate setting, which can help to alleviate some of the stress associated with divorce. Parties can work together to resolve their issues in a safe and comfortable environment without the added pressure of a public courtroom setting.

The confidentiality of the mediation process can also be beneficial for families. Mediation agreements are typically confidential, meaning the dispute and resolution details are kept private. It can help protect the parties’ privacy and avoid potential negative publicity from a public trial.

5. Long-Term Results

Mediation can provide long-term benefits for parties involved in family law disputes. One of the key advantages of mediation is that it allows parties to reach a resolution tailored to their unique needs and circumstances.

Choosing mediation can result in a more sustainable agreement that is less likely to result in future conflicts. In addition, mediation encourages parties to communicate openly and work together to find common ground, which can improve their relationship and pave the way for better co-parenting and co-existence in the future.

Finally, mediation is less adversarial than traditional litigation. It can help minimize the adverse emotional and psychological effects of divorce and other family law disputes, which can have long-term benefits for all involved.

Final Thoughts

Serving clients in Cook County and DuPage County Illinois, at Masters Law Group, our experienced attorneys understand that divorce is a stressful situation for everyone involved. As such, we prioritize our clients’ assurance and well-being throughout the mediation process.

Whether you are facing mediation, a contested, uncontested, or a civil union divorce, our attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

No one should go through a family law case alone. Contact us here today to schedule a consultation.

The Hague Convention and National Missing Children’s Day: A Call to Action

May 25 is National Missing Children’s Day, dedicated to raising awareness of child safety and preventing child abductions; Including International Parental Child Abduction. 

As parents, guardians, and concerned individuals, it is crucial to prioritize the safety and well-being of children.

Unfortunately, parental child abductions still occur, and one of the most painful scenarios is international parental child abduction. It can be a frightening experience for both the child and the left-behind parent. In this blog, we will discuss what you need to know if you face this alarming situation. Here’s what you need to know.

NATIONAL MISSING CHILDREN’S DAY

Every year, the Department of Justice commemorates Missing Children’s Day by honoring the heroic and exemplary efforts of agencies, organizations, and individuals to protect children. President Ronald Regan proclaimed National Missing Children’s Day on May 25, 1983. The day honors Etan Patz, a 6-year-old boy who disappeared in New York City on May 25, 1979.

UNDERSTANDING THE HAGUE CONVENTION

The Hague Convention on the Civil Aspects of International Child Abduction is the leading international agreement that covers international parental child abduction. It provides a process through which a parent can seek to have their child returned to their home country.

Click here to see the participating countries of the treaty.  Generally, the Hague Convention mandates that a child abducted in violation of the other parent’s “rights of custody” must be returned to the child’s country of habitual residence unless particular exceptions/defenses apply.

The Hague Convention also deals with issues of international child access. When a parent or guardian lives in a different country to the home country of their child, it may be hard to work out access to them. In 1994, the United States became a signatory to the Convention, which officially went into effect for the U.S. on April 1, 2008.

BECOME AWARE OF Parental CHILD ABDUCTION

Raising awareness is crucial in preventing the devastating effects of parental child abduction. Family members can often be the perpetrators, as they may believe they know what is best for the child. Young children are particularly vulnerable targets as they may not know how to seek help or alert others if their parent takes them.

It is essential to be mindful of warning signs and factors that may increase the likelihood of parental child abduction. Some of these include:

  • A parent with no source of income/job.
  • A financially independent parent.
  • A parent with no real ties to the community they live in.
  • A parent who abruptly quits their job sells their home and applies for passports.
  • A parent who starts collecting the child’s medical and school records.
  • A parent who has domestic violence and child abuse history.

Some additional steps to lower the risk of parental abduction or increase your odds of recovering your child if they are abducted would be:

  • Have up-to-date pictures of your child.
  • Fingerprints of your child.
  • Have a written detailed description of your child, including height, weight, hair color, eye color, birthmarks, and noticeable physical characteristics.
  • Copies of your child’s Social Security card and passport.
  • Register your child with the Children’s Passport Issuance Alert Program (CPIAP).

HOW TO KEEP CHILDREN SAFE

There are several steps we can take to help keep our children safe. Having a solid custody (now called “Parental Responsibilities“) and visitation plan in place is also essential. If a custody or visitation issue arises, it’s crucial to report it to the appropriate authorities right away, such as state or local law enforcement or a state judicial officer. This can help establish accountability and speed up the case.

Along with the Department of State’s Office of Children’s Issues, the National Center for Missing and Exploited Children (NCMEC) can also be contacted at www.missingkids.org. NCMEC works closely with the State Department and the U.S. Department of Justice’s Office for Victims of Crime and administers its Victim Reunification Travel Program. Eligible parents can request financial assistance to help them reunite with a child in another country. By taking these steps and working together, we can help ensure the safety and well-being of all children.

Finally, hiring a knowledgeable attorney highly experienced in Hague Convention cases can be invaluable.

How Masters Law Group Can Help

International custody disputes are almost always extremely complex and delicate situations, and you should not attempt to navigate them without the assistance of a knowledgeable and experienced attorney.  Serving clients in Cook County and DuPage County Illinois, Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system.

FINAL THOUGHTS

National Missing Children’s Day reminds us of our ongoing efforts to reunite missing children with their families. One significant step towards this goal is for the U.S. and other countries to participate in the Hague Convention, which enables the negotiation of treaties to streamline international justice.

When dealing with international child custody/abduction cases, it’s essential to have the support of a knowledgeable family law attorney who understands the intricacies of the international legal system. With our guidance, you can navigate the complex legal processes involved in The Hague Convention and work toward a fast resolution, prioritizing the child’s well-being.

For more information on our featured Hague decisions, see here:

Contact us here today to learn more.

Mastering Hague Law With Masters

The Hague Convention protects children from international parental abduction and returns them to their home country residence. It can also include child custody conflicts when a parent or guardian resides in a different country to the home country of the child.

Going through a divorce is never easy, especially when children are involved. However, things can get even more complicated when one parent tries to take the children across international borders. Parents are often left in a legal quagmire with high stakes and convoluted laws in these cases. But you don’t have to face it alone. The Hague Convention on Civil Aspects of International Child Abduction helps navigate these complex custody cases.

In this blog, we will delve into the details of The Hague Convention and how Masters Law Group can assist. Keep reading to discover everything you need about this crucial legal resource.

Understanding The Hague Convention on Civil Aspects of International Child Abduction

The International Child Abduction Remedies Act (ICARA) rules how U.S. courts implement the Hague Convention. The Convention applies in cases where a child has been wrongfully removed from their habitual residence without parental consent. Hague Law establishes a Central Authority in each partner country to act as a point of contact for parents and children in international child custody cases. The Central Authority helps with the following:

  • Be the point of contact for parents and children in international child custody cases.
  • Help locate abducted children.
  • Encourage solutions that work for both parents.
  • Submit documents as part of the application are admissible in courts in partner countries.

Understanding how the Hague framework operates is crucial; let’s dive into who the Hague Convention applies to.

What Countries Are a Part of  The Hague Convention?

It’s important to note that the Hague Convention on Civil Aspects of International Child Abduction applies only to countries that have signed and ratified it. As of 2023, there are currently 91 signatory countries, but it’s essential to consult with a Hague lawyer to determine whether the Convention applies to your case.

For a full list of participating treaties, click here. 

Additionally, the Hague Convention only applies to children under the age of 16. Some signatory countries may have different age limits or apply the Convention to older children. It’s crucial to understand that the Hague Convention’s primary goal is to promote the return of wrongfully removed children to their country of habitual residence. To navigate complex legal proceedings in the country where your child habitually resides, seeking guidance from a Hague lawyer is highly recommended.

Hiring A Hague Lawyer

Attorneys experienced in The Hague Convention are crucial when it comes to navigating international child abduction. If you are concerned that your child may be at risk of abduction, it’s essential to take proactive measures to protect them. An experienced Hague Convention lawyer can help you assess the risk of abduction and develop a plan to safeguard your child’s well-being.

Some preventative measures that your attorney may recommend include:

  • Obtaining a custody order or parenting plan that specifies each parent’s rights and responsibilities, including travel restrictions.
  • You request that your child’s name be added to a watchlist to prevent them from being removed from the country without your consent.
  • Obtain a court order that requires surrendering your child’s passport or restricts international travel.
  • Establish security measures and emergency protocols by working with your child’s school or daycare.

If you are concerned about the possibility of parental child abduction, contact your family law attorney immediately to discuss your options and develop a plan that will help ensure your child’s safety.

Working With Masters Law Group

At Masters Law Group, our knowledgeable Hague lawyers are here to help you navigate the complex legal proceedings related to international child abduction, including coordinating with the Central Authority and representing you in court. Serving clients in Cook County and DuPage County Illinois, we can assist you in determining whether the Convention applies to your case – and how – based on the laws of the country where your child resides.

Our award-winning attorneys, Erin E. Masters and Anthony G. Joseph, have vast experience in international family law. You can rest assured we will work aggressively to advocate on your behalf.

As a testament to our experience, see some of our recent Hague decisions here:

If you or a loved one is facing the possibility of international parental child abduction, don’t hesitate to reach out to us. We are here to help you protect yourself and your children.

Schedule your complimentary consultation here today.

What is The Hague Convention? (INTERNATIONAL CHILD ABDUCTION)

The Hague Convention on the Civil Aspects of International Child Abduction provides an expeditious method to return a child internationally abducted by a parent from one member country to another. The powerful international treaty can yield beneficial results when implemented correctly and appropriately.

The Hague Convention has been in the headlines recently regarding the war with Russia and Ukraine. This has left many across the globe asking, “What is the Hague Convention?”.

The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) was enacted into law through the International Child Abduction Remedies Act (“ICARA”), which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.

The International Criminal Court in the Hague has issued an arrest warrant against Russian President Vladimir Putin. It accuses him of being responsible for war crimes in Ukraine, including the unlawful deportation of children. Russia’s Commissioner for Children’s Rights, Ms Maria Lvova-Belova, is also subject to an arrest warrant.

According to Ukraine, tens of thousands of possible war crimes have been carried out by Russian forces since they invaded Ukraine in February last year. The Hague Convention doesn’t just apply to war crimes; it also affects everyday civilians across the globe when their child has been wrongfully removed from their habitual residence.

Divorce and The Hague Convention

When parents divorce, deciding how to handle issues regarding their children can be intense. When parents originate from separate countries, these disputes can quickly become complicated, especially when one parent attempts to move children across international borders.

When this happens, you need a Hauge lawyer who is highly experienced in international law. They understand how to settle matters of jurisdiction involving courts in the United States and other countries across the globe (if these nations are a part of the convention).

The Hague Convention’s applicability can be determined by two factors:

(1) whether both parents have consented to their child’s removal from one country to another; or

(2) if a child has been wrongfully removed from one country and brought into another country without either parent’s consent.

Hauge Law is created in order to protect you and your family both nationally and internationally.

INITIATING THE PROCESS

Deciding whether to file a Hague application is an important decision and must be considered based on each case’s specific circumstances. Perhaps after separating from their partner, a parent wants to take their child and move to another country. Maybe a parent moved internationally in violation of a custody agreement.

Filing a case under the Convention does not guarantee that your child will be returned. To obtain the return of your child through a Hague proceeding, you must first be able to demonstrate the following:

  • That your child was habitually resident in one Convention country and was wrongfully removed to or retained in another Convention country;
  • The removal or retention of your child is considered wrongful if it was in violation of your custodial rights, and you were exercising those rights at the time of the removal or retention, or you would have been exercising them but for the removal or retention.
  • The Convention must have been in force between the two countries when the wrongful removal or retention occurred (the dates are different for every country); (Note: In many instances, when a country accedes to the Convention, it is not automatically partners with all of the other countries who have ratified or acceded to the Convention.  Countries must accept another country’s accession to the Convention under the terms described in the Convention before a treaty partnership is created.
  • The child is under the age of 16.

WHY CHOOSE MASTERS LAW GROUP?

International custody issues can be incredibly difficult to deal with as a parent because of the concern you have for the safety and security of your child, and should be handled properly by a knowledgeable attorney.

Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes and kidnapping in both courts located in the State of Illinois and the United States federal court system.

Read the details of our most recent successful Hague Convention cases below. Furthermore, see what our clients have to say on representing their Hague Convention on Civil Aspects of International Child Abduction case:

 

I had a very difficult case in the United States Federal Court. My ex husband filed a Petition against me under the Hague Convention on Civil Aspects of International Child abduction asking to return our two sons to Lithuania. Seeking for the legal representation, I was advised by the U.S. Department of State to contact lawyer Erin E. Masters. I was so lucky to have the team of the best lawyers Erin E. Masters and Anthony G. Joseph representing me in this difficult trial.

They represented with the highest standards of law, but also provided support and empathy through the process. The communication was fantastic, always answered every question, explained every situation and possible outcome. As it was a very fast track case, Erin and Anthony worked hard including weekends to prepare everything for the hearing. There was only one hearing and the Decision was totally in my favor. All my family, especially the kids, are very grateful! It is also fair to mention that the legal expenses for the amount of services provided was very very reasonable.

I will gladly recommend Erin Masters and Anthony Joseph to represent any of my friends and family in need of an excellent and highly professional family attorney.

— Aistė Šulcaitė

FINAL THOUGHTS

Instead of trying to figure out international law issues alone, contact the Family Law Attorneys at Masters Law Group. Serving clients in Cook County and DuPage County Illinois, our experienced team will help you navigate the legal complexities of your case and are committed to vigorously representing you in these frightening, high-stakes proceedings.

Contact us to schedule your consultation here today. 

Featured Hague Decisions: