Erin E. Masters Recognized by Illinois Super Lawyers® in 2025

Masters Law Group is thrilled to announce that Erin E. Masters has been named to the Top 50 Women Illinois Super Lawyers® List for 2025.

Erin’s inclusion in the “Super Lawyers®” category emphasizes her impact on the legal field and her dedication to helping families navigate challenging times. This recognition by Super Lawyers® is a testament to Erin’s unwavering commitment to excellence, making her one of Illinois’s most respected family law attorneys.

A Career Defined by Dedication and Excellence

Erin E. Masters’ legal journey is a testament to her passion for advocacy and commitment to achieving the best outcomes for her clients. She began her academic pursuits at Indiana University, earning her Bachelor of Arts degree. During her time there, she cultivated a deep passion for helping others and honed the critical thinking skills that would later define her legal career.

She continued her education at the John Marshall Law School, now part of the University of Illinois Chicago School of Law. While in law school, Erin actively participated in various legal organizations, sharpening her skills in litigation and negotiation. This strong foundation set the stage for her future success as one of Chicagoland’s leading family law attorneys.

After earning her Juris Doctor degree, Erin devoted her career to family law, which requires a unique blend of legal acumen, empathy, and strategic thinking. She quickly gained a reputation for her precision and compassion in handling high-conflict child custody cases (parental responsibilities). Her ability to advocate fiercely for her clients while keeping the child’s best interests at the forefront has earned her and her peers’ trust and respect.

The Impact of Recognition by Super Lawyers®

Erin E. Masters’ inclusion on the Super Lawyers® list highlights her exceptional achievements and reinforces the high standards upheld by Masters Law Group. This recognition reflects the firm’s unwavering dedication to delivering client-focused representation in family law. It also helps solidify its reputation as a trusted advocate for families.

Super Lawyers® actively connects individuals and families with reliable legal counsel by showcasing attorneys who demonstrate exceptional skill and commitment to their fields. As a trusted guide, it empowers those facing complex legal challenges to find the representation they deserve.

Erin’s recognition as a Super Lawyer® highlights her exceptional accomplishments and establishes her as one of Illinois’s foremost family law attorneys. Known for her experience and compassion, she has become a trusted advocate, guiding families through some of life’s most challenging transitions. Her inclusion on this prestigious list reinforces her reputation as a reliable and dedicated partner for those seeking skilled legal counsel.

What Makes the Super Lawyers® List Special?

The Super Lawyers® list is one of the most sought-after honors in the legal profession. It recognizes attorneys who have demonstrated exceptional professional achievement and garnered significant peer recognition. Erin E. Masters’ inclusion in the “Super Lawyers®” and Top 50 Women Illinois Lawyers categories is an extraordinary accomplishment. The Super Lawyers® selection process is a comprehensive and patented multiphase evaluation that includes:

  1. Peer Nominations – Attorneys are nominated by their peers for their outstanding work.
  2. Independent Research – Candidates are evaluated on 12 achievement indicators, such as verdicts, settlements, certifications, and pro bono work.
  3. Peer Evaluation – Final candidates undergo a peer review to ensure ethical standards and exceptional skill.

Only 5% of attorneys in each state are awarded the “Super Lawyers®” designation. Erin’s dual recognition highlights her exceptional legal experience and profound impact on the lives of countless families across Illinois.

Erin E. Masters’ Impact on Illinois Families

At the heart of Erin’s practice is her dedication to her clients. Whether navigating complex divorce proceedings or advocating for fair parenting time, Erin’s empathetic and client-focused approach helps her clients feel supported. She is also known for her ability to de-escalate high-conflict situations. She creates solutions that are in the best interests of all parties, especially children. This commitment has earned her the respect and trust of families throughout Illinois.

Family law often involves intricate legal, emotional, and financial considerations. Erin’s ability to tackle these challenges head-on while maintaining the highest ethical standards has positioned her as a leader in the field. Her work addresses immediate legal needs and helps families create a stable foundation for the future.

About Masters Law GroupBest Divorce Attorney

Masters Law Group is a distinguished legal firm with focus and experience in family law matters locally in Cook County and DuPage counties and across the United States. Focusing on delivering tailored solutions for each client’s unique circumstances, our family law attorneys have become a trusted resource for families across Illinois. We are dedicated to providing compassionate, comprehensive legal representation in areas such as:

Why Choose Masters Law Group?

Our team of family law attorneys is committed to providing tailored solutions that meet clients’ unique needs, including: 

  • Client-Centered Approach: Masters Law Group prioritizes the well-being of its clients, ensuring personalized strategies for every case.
  • Proven Experience: With a deep understanding of Illinois family law, the firm consistently delivers results.
  • Compassionate Representation: The team supports families during emotionally challenging times.

About Super Lawyers®

Super Lawyers® is a premier rating service that identifies and honors exceptional attorneys across over 70 practice areas. Dedicated to maintaining the highest standards of professionalism, Super Lawyers® serves as a trusted resource for individuals and families seeking top-tier legal representation. Its commitment to a thorough and unbiased evaluation process sets Super Lawyers® apart. Below are the key features that make Super Lawyers® a trusted authority in the legal industry:

  • Rigorous Selection Process: Combines peer nominations, independent research, and peer evaluations.
  • Ethical Standards: Ensures all honorees meet strict ethical guidelines.
  • Comprehensive Listings: Offers a valuable resource for consumers and attorneys searching for legal experts.

For more details, visit Super Lawyers®.

Final Thoughts 

Masters Law Group is honored to celebrate Erin E. Masters’ well-deserved recognition by Illinois Super Lawyers®. Her dedication to her clients and her exceptional contributions to family law exemplify the values that guide our practice. Congratulations, Erin, on this remarkable achievement!

If you’re navigating a family law matter and seeking trusted legal counsel, Erin E. Masters and the team at Masters Law Group are here to help. With a proven track record and a client-first approach, they are ready to support you during life’s most challenging transitions.

Contact us today to learn more about our award-winning attorneys.

How is Cryptocurrency Handled in an Illinois Divorce?

Bitcoin is already making waves in 2025, as cryptocurrency investors watch closely after Donald Trump’s second presidential inauguration on January 20. Trump has issued over 100 executive orders on his first day in office, including measures that impact Bitcoin and the broader digital asset industry. However, the rise-and-rise of Crypto in the U.S. means the rise-and-rise of Crypto in divorce cases.

Cryptocurrency is no longer a niche financial asset—it’s mainstream. In 2024, global cryptocurrency ownership reached over 420 million people, with Bitcoin and Ethereum dominating the market. A flurry of executive orders could come within Trump’s first 100 days, with crypto orders enacted on Day One, Reuters reported in late December.

As digital currencies become more integrated into financial portfolios, their presence in divorce cases has surged. For many couples in Illinois, dividing cryptocurrency presents unique challenges beyond traditional assets. From extreme price volatility to the decentralized nature of digital wallets, handling cryptocurrency in divorce requires careful consideration. 

Below, we explore the most pressing challenges, including valuation, tracking ownership, and navigating tax implications, and how Illinois law addresses these issues. 

What is Cryptocurrency?

Cryptocurrency is a form of digital currency that operates on decentralized blockchain technology. Unlike traditional fiat currencies, central banks do not regulate cryptocurrencies. Although Bitcoin remains the most recognized digital asset, the market has diversified significantly with the emergence of alternatives such as:

  • Litecoin
  • Solana
  • Ethereum
  • Zcash
  • Monero, among others.

These digital currencies have gained traction for their unique features and applications, extending beyond financial transactions into smart contracts, privacy, and decentralized applications. As cryptocurrency becomes more mainstream, its integration into various aspects of life is expected to expand further. Now, let’s explore how cryptocurrency impacts divorces across the United States.

Challenges in Handling Cryptocurrency During Divorce

The rise of cryptocurrency has added unique complexities to divorce proceedings in Illinois. Unlike traditional assets, cryptocurrency presents challenges that require tailored, in-depth experience to address effectively. From valuation to ownership tracking and tax implications, these issues can significantly impact the equitable division of assets. Below, we explore the key challenges divorcing couples face when handling cryptocurrency.

  1. Valuation: In Illinois divorce cases, crypto’s valuation date can be critical. Courts typically use the date of filing or the date of trial to assess the value of marital assets, but the fluctuating nature of cryptocurrency might require additional considerations.
  2. Tracking Ownership: Unlike traditional financial accounts, cryptocurrencies are often stored in digital wallets or blockchain platforms without easily accessible account statements. This decentralized nature can make it challenging to identify and verify holdings.
  3. Tax Implications: Converting cryptocurrency to cash or transferring it to another party may trigger capital gains taxes. Illinois courts may consider these tax consequences when dividing assets to help ensure an equitable distribution.

Understanding Equitable Distribution In Illinois

Under Illinois law, property acquired during the marriage is generally considered marital property subject to equitable distribution. Determining whether crypto is marital or non-marital involves examining when and how it was acquired. As an equitable distribution state, Illinois courts divide marital property fairly and justly rather than strictly equally. This process takes into account several factors, including:

  • Contributions of Each Spouse: Efforts in acquiring, preserving, or increasing the value of the marital property.
  • Length of the Marriage: The duration of the union plays a significant role in how property is divided.
  • Primary Caregiver Status: Consideration of which spouse primarily cared for the child/children.
  • Economic Circumstances: The spouse’s financial standing at the time of division.
  • Prenuptial or Postnuptial Agreements: Any existing agreements that dictate property distribution.
  • Personal Factors: The age, health, occupation, and future needs of each spouse.
  • Other Relevant Factors: Any additional elements the court finds pertinent to achieving a fair outcome.

Understanding how property is classified and divided is essential, especially in cases involving complex assets like cryptocurrency. If you’re having difficulty navigating property division in Illinois, working with an experienced crypto divorce attorney can help provide clarity and guidance tailored to your situation.

Steps to Handle Cryptocurrency in Illinois Divorces

Cryptocurrency has introduced a new level of complexity to divorce cases in Illinois. However, with the right legal representation, couples can effectively navigate these challenges and work toward a fair and equitable resolution. 

  1. Full Financial Disclosure: Illinois law requires both parties to a divorce to provide full financial disclosure, including listing all assets, including cryptocurrencies. If one spouse suspects the other is hiding cryptocurrency assets, they may need to employ a forensic accountant to trace transactions on the blockchain.
  2. Accurate Valuation: Accurate cryptocurrency valuation is essential to ensure fair division. This may involve hiring a professional to assess the value of the digital assets on a specific date. Courts may also consider appointing a neutral financial professional to provide a valuation.
  3. Division of Assets: Once the cryptocurrency’s value is determined, the court will decide how to divide it equitably. This does not necessarily mean a 50/50 split. Illinois courts consider various factors, such as each spouse’s contribution to the marital estate, the duration of the marriage, and each party’s economic circumstances.
  4. Addressing Hidden Assets: Courts may allow for subpoenas of cryptocurrency exchanges or blockchain transactions if there is suspicion of hidden cryptocurrency. Forensic accountants can track transactions and identify digital wallets, helping ensure that all assets are accounted for.

Given the complexities of cryptocurrency in divorce cases, hiring an experienced divorce attorney is crucial. An attorney with knowledge of digital assets can help ensure that your rights are protected and that all assets are accurately accounted for and fairly divided.

Practical Tips for Divorcing Couples

Divorce can be challenging, especially when assets like cryptocurrency are involved. Unlike traditional financial assets, cryptocurrency poses unique challenges due to its digital nature. Below are some practical tips to help ensure a smoother process and equitable outcome.

  1. Gather Documentation: Collect all records of cryptocurrency transactions, including purchase receipts, transfer records, and wallet addresses.
  2. Work with Professionals: Consider hiring financial professionals, such as forensic accountants and a crypto divorce attorney, to help ensure accurate valuation and discovery.
  3. Be Transparent: Illinois courts mandate full financial disclosure, including cryptocurrency holdings. Failing to disclose these assets can result in serious legal repercussions. Partnering with an experienced divorce attorney can help you navigate these complex requirements.
  4. Plan for Taxes: Understand the tax implications of transferring or cashing out cryptocurrency during divorce.

How a Crypto Divorce Attorney Can Help Best Divorce Attorney

Navigating a divorce involving digital assets can be complex, especially in 2025, as cryptocurrencies and other digital holdings continue to grow in prominence. Partnering with a divorce attorney experienced in handling digital assets can help ensure that nothing is overlooked during the asset division process. At Masters Law Group, our experienced attorneys are well-equipped to assist you in the following ways:

  • Professional Guidance: We collaborate with financial professionals to help accurately evaluate the value, ownership, and tax implications of digital assets, providing a fair and comprehensive assessment.
  • Negotiation and Mediation: Our attorneys can facilitate amicable discussions to help couples reach mutually agreeable solutions for dividing digital assets, often avoiding litigation.
  • Court Representation: We advocate for our clients in court, where decisions on digital asset division are made based on applicable laws and regulations.

From the volatile nature of cryptocurrency valuations to the complexities of ownership in online businesses, our divorce attorneys offer the knowledge and support needed to navigate these challenges. Trust Masters Law Group to provide valuable guidance in assessing and dividing digital assets during divorce proceedings.

Final Thoughts

In conclusion, the evolving role of cryptocurrency in divorce proceedings highlights the importance of understanding this emerging asset class. As digital currencies like Bitcoin continue to gain mainstream traction, they bring new challenges—and opportunities—to the division of marital assets. For individuals navigating divorce, having a legal team well-versed in cryptocurrency’s complexities is crucial for ensuring a fair and transparent settlement.

At Masters Law Group, we excel in helping clients address the unique financial aspects of divorce, including cryptocurrency assets. Whether it’s identifying, valuing, or dividing these digital holdings, our experienced team is here to guide you every step of the way. 

If you have questions about dividing cryptocurrency or other financial assets in your divorce, contact our experienced divorce attorneys today to schedule a complimentary consultation.

Cryptocurrency & Divorce FAQs

Can cryptocurrency be hidden during a divorce?

Yes, but doing so is illegal and can result in significant legal penalties. Courts in Illinois have mechanisms, such as forensic accounting, to uncover hidden assets.

How is the value of crypto determined?

The value is typically assessed based on the market price on a specific date, such as the filing date or trial. Due to cryptocurrency’s volatility, courts may require a valuation to help ensure accuracy.

What happens if one spouse refuses to disclose cryptocurrency assets?

If a spouse fails to disclose assets, the court may impose penalties, including awarding a larger share of marital property to the other spouse. Working alongside experienced legal counsel can help enforce disclosure through discovery tools.

Is cryptocurrency considered marital or non-marital property?
Courts will evaluate each case individually. Assets purchased during the marriage are generally considered marital property, while those acquired before the marriage, by gift or inheritance, may be classified as non-marital.

What if the cryptocurrency value changes during the divorce?
Cryptocurrency’s volatility can complicate asset division. Courts may use valuation professionals and strategies like assigning a percentage of the total crypto holdings instead of a fixed dollar amount to account for market fluctuations. Working with a trusted divorce attorney can help you navigate these challenges.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every divorce case is unique, and cryptocurrency handling can vary based on specific circumstances. For personalized legal guidance, consult with the experienced divorce attorneys at Masters Law Group.

Common Myths About International Parental Child Abduction Cases

International parental child abduction is a deeply challenging experience, often worsened by common misconceptions that delay action. At Masters Law Group, we’re here to set the record straight and help guide families through these complex cases.

In this blog, our child abduction attorneys will help debunk common myths and highlight the value of experienced legal support. Here’s what you need to know.

What is International Parental Child Abduction? International Parental Child Abduction

International parental child abduction refers to the unlawful removal or retention of a child across international borders by one parent.  Typically this happens in violation of parental responsibilities. This action often disregards legal authorizations and can directly defy a court’s orders, resulting in severe legal consequences.

This act can lead to serious legal repercussions for the abducting parent, including criminal charges, fines, and imprisonment. It’s crucial to recognize that parental child abduction is a violation of both state and federal laws in many countries. Several motivations drive a parent to abduct their child, including:

  1. Custody Disputes: A parent fearing the loss of custody may attempt to take matters into their own hands, often disregarding legal processes.
  2. Jurisdictional Advantage: Some parents believe they may obtain a more favorable legal outcome by relocating the child to another country.
  3. Cultural or Religious Factors: Personal values, traditions, or beliefs may compel a parent to move their child to a country that aligns more closely with their cultural or religious perspectives.

Myth 1: Parental Child Abduction Isn’t a Crime

One of the most prevalent myths is that parental child abduction is not considered a crime because it involves a parent taking their child. This misconception couldn’t be further from the truth. Under federal and international laws, parental child abduction is a serious offense. The International Parental Kidnapping Crime Act (IPKCA) in the United States criminalizes this act, and international treaties like the Hague Convention on the Civil Aspects of International Child Abduction are designed to help protect children from wrongful removal or retention across borders. These laws aim to help ensure the child’s best interests are upheld, regardless of the abductor’s relationship to the child.

International Parental Child AbductionMyth 2: The Hague Convention Automatically Returns the Child

The Hague Convention is a critical international treaty that seeks to address parental child abduction cases by providing a legal framework for returning abducted children to their habitual residence. However, there is no guarantee that the child will be automatically returned.

The Convention’s primary goal is to determine jurisdiction, not custody. Courts in the child’s habitual residence will decide custody matters. There are also exceptions where a return might be denied, such as if the child is at grave risk of harm or if the return violates their fundamental human rights. This makes the role of an experienced child abduction lawyer crucial in presenting a strong case under Hague Convention guidelines.

Myth 3: Once the Child is Taken Abroad, There’s No Legal Recourse

Many parents feel hopeless when their child is taken across international borders, believing they have no legal options to bring their child back. This is a dangerous myth that can lead to inaction.

The Hague Convention and other international agreements provide pathways for seeking the return of abducted children. Even in non-Hague Convention countries, legal mechanisms and diplomatic efforts can sometimes help facilitate the child’s return. Consulting with a qualified child abduction attorney who understands the intricacies of international parental abduction cases is essential for pursuing all available legal avenues.

Myth 4: Hiring a Lawyer Is Unnecessary

Some parents believe they can handle an international parental abduction case on their own, especially if they have already filed police reports or contacted authorities in the other country. Unfortunately, these efforts alone are often insufficient to navigate the complexities of international law. Experienced child abduction lawyers are valuable in these cases.

They understand the legal frameworks of the Hague Convention and other international agreements, can liaise with foreign authorities, and are skilled in gathering and presenting evidence to support your case. Without professional legal representation, you risk delays and procedural errors that could jeopardize your child’s return.

Myth 5: The Abducting Parent Always Wins

Another widespread misconception is that the parent who abducts the child has the upper hand, especially if they have already established residency in the new country. While these situations are undeniably challenging, they are not hopeless. Courts in Hague Convention countries prioritize the child’s best interests and typically aim to return the child to their habitual residence. With the right legal representation and a solid understanding of international child abduction laws, you can mount a strong case to ensure your child’s return.

Myth 6: Time Doesn’t Matter in These Cases

Many parents underestimate the importance of acting quickly in international child abduction cases. Unfortunately, delays can significantly impact the outcome of your case. Under the Hague Convention, applications for a child’s return must typically be filed within one year of the abduction. After that period, the abducting parent may argue that the child has settled into their new environment. Prompt action is critical, and having a skilled child abduction lawyer by your side can help ensure that deadlines are met and your case is handled efficiently.

How Masters Law Group Can HelpInternational Parental Child Abduction

International parental child abduction cases are both emotionally challenging and legally intricate, requiring in-depth experience and knowledge of domestic and international law. At Masters Law Group, our team is highly experienced in handling Hague Convention cases and advocating for families affected by parental child abduction. Erin E. Masters and Anthony G. Joseph have successfully represented clients in international parental abduction cases in Illinois and the U.S. federal court systems.

We provide compassionate, assertive representation to help protect your child’s rights and best interests. Understanding the urgency of these cases, we are committed to guiding families through the legal process with efficiency and care. If you or someone you know is facing an international parental abduction, seeking experienced legal counsel is crucial.

Final Thoughts

International parental child abduction presents significant emotional and legal challenges that require prompt and decisive action. Understanding your rights and the legal options available to you is crucial in helping protect your child’s well-being. At Masters Law Group, our dedicated team is here to provide the guidance and support you need.

Contact us today to take the first step in resolving your case and protecting your family’s future.

Q&A Section: Common Questions About International Parental Child Abduction

Q1: What is considered international parental child abduction?
International parental child abduction occurs when one parent unlawfully removes or retains a child across international borders, often violating court orders or custody agreements. This action disregards the child’s legal rights and can result in serious legal consequences for the abducting parent.

Q2: What should I do if my child has been abducted internationally?
Act quickly. Contact local law enforcement and the U.S. Department of State’s Office of Children’s Issues for immediate assistance. Consulting an experienced child abduction attorney is critical to navigating the legal complexities and initiating proceedings under international agreements like the Hague Convention.

Q3: Can the Hague Convention guarantee my child’s return?
No, the Hague Convention facilitates the return of abducted children to their habitual residence but doesn’t decide custody. Exceptions may apply if returning the child poses a grave risk or violates their human rights. An experienced lawyer can strengthen your case under Hague guidelines.

Q4: What if the child is taken to a non-Hague Convention country?
Even in non-Hague countries, there may be legal or diplomatic channels available to pursue the child’s return. Collaborating with a lawyer experienced in international parental abduction cases is essential for exploring all possible options.

Q5: Is it too late to act if my child has been abroad for more than a year?
Timing is critical. Under the Hague Convention, applications for a child’s return should be filed within one year of the abduction. Delays can weaken your case if the child is deemed to have settled in the new environment. Prompt action is key to achieving the best possible outcome.

Q6: Do I really need a lawyer for an international child abduction case?
Yes. International child abduction cases involve complex laws, international treaties, and legal procedures that require specialized knowledge. A skilled lawyer can provide expert guidance, ensure compliance with legal frameworks, and increase your chances of securing your child’s return.

Q7: What are the penalties for international parental child abduction?
Penalties can include criminal charges, fines, imprisonment, and loss of custody rights. In the U.S., the International Parental Kidnapping Crime Act (IPKCA) enforces strict consequences for such actions. Legal repercussions also apply in many other countries.

Q8: How can Masters Law Group help with my case?
Masters Law Group has extensive experience handling international parental child abduction cases under the Hague Convention and other legal frameworks. Our compassionate team works diligently to protect your child’s rights and secure their safe return. Contact us for expert guidance and support.

If you have additional questions or need help, contact Masters Law Group today for personalized assistance.

Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with our experienced attorneys to help address your specific circumstances. Masters Law Group provides professional legal services to help meet your needs. To learn more, visit masters-lawgroup.com.

District of South Carolina Rock Hill Division/ Mexico: Decision and Order/ Motion for Summary Judgment

In a groundbreaking decision, the District of South Carolina, Rock Hill Division, granted the petitioner’s motion for summary judgment under the Hague Convention on the Civil Aspects of International Child Abduction.

The respondent—represented by Masters Law Group—sought the return of his children, who had been taken to the United States. The Hague Convention helps protect children from international child abduction. It allows a parent to petition for the return of their child to the country of habitual residence when wrongful removal or retention occurs.

Case Overview

This Hague decision ordered the immediate return of two minor children to Mexico, their habitual residence. Due to their complexity, such a resolution is rare, as Hague Convention cases often require detailed evidentiary hearings. The court’s ruling reinforced the importance of respecting international treaties and helped resolve custody disputes in the appropriate jurisdiction.

What Role Did the Hague Convention Play?

The Hague Convention on the Civil Aspects of International Child Abduction (“The Hague Convention”)  is a multilateral treaty designed to protect children from international abduction by helping ensure their prompt return to their habitual residence. In this case, the Hague Convention provided the legal framework for determining the following:

  1. Habitual Residence: The court used the Convention to establish that Mexico was the children’s habitual residence based on their prolonged stay and integration into their environment.
  2. Wrongful Removal: The Convention’s standards helped confirm that the respondent’s unilateral removal of the children breached the petitioner’s custody rights under Mexican law.
  3. Affirmative Defenses: The Hague Convention defines limited defenses, such as the “grave risk” of harm or an intolerable situation. The court applied this standard to assess the respondent’s claims and found them insufficient.

Adhering to the principles of the Hague Convention, the court focused on the procedural and jurisdictional aspects of the case rather than the underlying custody dispute. This helped ensure the children’s return was based on the treaty’s requirements. Let’s examine why this case is unusual.

Why This Case Is Unusual

Hague Convention cases rarely conclude at the summary judgment stage. Instead, they hinge on intricate factual disputes, particularly regarding habitual residence and the applicability of defenses under Article 13(b). Such defenses are invoked to argue that returning the child would expose them to a grave risk of harm.

In this case, the parties’ stipulations provided clear and uncontested facts, enabling the court to determine that the children’s removal was wrongful. The respondent’s defense, citing economic hardship and instability in Mexico, was insufficient to meet the high threshold for the “grave risk” defense. Courts have consistently held that financial challenges do not constitute grave risk as defined by the Convention.

This resolution highlights the Hague Convention’s procedural framework and ability to efficiently help address wrongful removal cases when the facts are clear and uncontested.

Court Findings

Resolving this case at the summary judgment stage is particularly noteworthy. Summary judgment is granted when no genuine disputes of material fact exist. Hague Convention cases often require detailed evidentiary hearings to assess the credibility of claims and defenses. This decision highlights the clarity of the petitioner’s case and the strength of the Hague Convention’s procedural framework.

  1. The court confirmed that the children’s residence was in Mexico. This determination was based on the parties’ agreement that the children had lived in Mexico since 2019 and had been integrated into that environment.
  2. The petitioner’s custody rights were established under Mexican law. The respondent’s unilateral decision to remove the children from the United States violated these rights. The court ruled that the petitioner was actively exercising his custody rights at the time of removal.
  3. The respondent argued that returning the children to Mexico would result in economic hardship and instability, including the potential for homelessness. The court rejected this defense, emphasizing that financial difficulties while challenging, do not meet the stringent criteria for grave risk. The court noted that no evidence suggested the children would face physical harm, abuse, or intolerable conditions if returned to Mexico.

Case Results

The court granted summary judgment in favor of the petitioner and ordered the children’s immediate return to Mexico. The court concluded that the parties’ stipulations established a clear case of wrongful removal, and the respondent failed to provide sufficient evidence. The petitioner’s motion for summary judgment was granted, and the case is now closed.

Date: December 13, 2024

READ THE FULL CASE REVIEW HERE.

Hague Convention Law With Masters Law Group

At Masters Law Group, we understand the complexities and emotional challenges of international parental child abduction cases. Our Hague Convention attorneys are dedicated to providing legal representation that helps families and upholds the principles of justice.

Our Hague Convention attorneys, Erin E. Masters, and Anthony G. Joseph, possess comprehensive knowledge of navigating Hague Convention cases enacted through the International Child Abduction Remedies Act (ICARA). If you are facing child abduction proceedings under the Convention, we are here to help. 

Contact Masters Law Group today to schedule your complimentary consultation.

Explore our featured Hague Convention case decisions here.

Disclaimer: This case review is provided for informational purposes only and does not constitute legal advice. The information herein is based on publicly available case details and legal principles as of the publication date. Each case is unique; outcomes depend on specific facts and legal circumstances. Masters Law Group does not guarantee similar results in future cases, as various factors influence outcomes. For personalized legal assistance, contact our office to schedule a consultation.

 

DuPage Divorce Lawyer: Navigating Divorce in the New Year

The new year often marks fresh beginnings and major life changes. For many couples in DuPage County, this includes navigating the challenging decision to pursue a divorce.

While the decision to divorce can be emotionally and logistically overwhelming, working with an experienced DuPage divorce lawyer can make the process more manageable and help you move forward more clearly. Here’s what you need to know about navigating divorce in the new year.

Why Divorce Rates Spike After the New Year

January is often called “Divorce Month” due to an uptick in divorce filings following the holiday season. While divorce filings increase at the start of the year, data from Washington University reveals that the peak typically occurs between March and August. This delay is often linked to the time and preparation required for divorce’s legal and emotional aspects.

Several factors contribute to this post-holiday trend:

  • Holiday Delays: Many couples delay filing for divorce until after the holidays to avoid disrupting family celebrations, particularly when children are involved.
  • Reflection and Resolutions: The new year often inspires a desire for change, motivating individuals to address unresolved marital issues and pursue a fresh start.
  • Financial Planning: Considerations, such as tax implications or year-end bonuses, can also influence the timing of divorce filings.

Understanding these trends can help you anticipate the divorce process’s challenges. Let’s explore the steps involved and how an experienced DuPage divorce attorney can provide the guidance and support you need during this sensitive time.

Understanding the Divorce Process in DuPage County

Understanding the legal process is crucial if you consider divorce in DuPage County. While each case is unique, the divorce process generally involves the following key steps:

  1. Filing a Petition for Dissolution of Marriage: The divorce begins when one spouse files a Petition for Dissolution of Marriage with the DuPage County Circuit Court. This document formally initiates the legal process and outlines the filer’s request for asset division, parenting time, and spousal support.
  2. Serving the Petition: The spouse who files the petition must serve the other party with legal notice of the divorce proceedings. This is typically done through a process server or sheriff’s office.
  3. Temporary Orders: The court can issue temporary orders to address immediate concerns, such as child custody, visitation schedules, or financial support, while the divorce is ongoing.
  4. Discovery Process: Both parties must disclose financial documents, assets, and other relevant information. This process helps ensure transparency and fairness when negotiating the divorce terms.
  5. Negotiation and Mediation: Many divorces are resolved through negotiation or mediation rather than litigation. This process allows couples to work together to reach agreements on asset division, parenting plans, and support obligations.
  6. Finalizing the Divorce: Once both parties reach an agreement—or a judge makes a ruling—the court will issue a Judgment for Dissolution of Marriage, finalizing the divorce.

Navigating this process can be complex, so it is essential to have a skilled DuPage divorce lawyer who is familiar with the county’s legal system.

Key Considerations for Your Divorce in DuPage County 

1. Allocation of Parental Responsibilities & Parenting Time

Illinois law refers to child custody as the “allocation of parental responsibilities” and visitation as “parenting time.” These decisions are made with the child’s best interests in mind. A DuPage divorce lawyer can help you create a parenting plan that prioritizes your child’s needs and minimizes disruption to their routine.

2. Division of Assets 

Illinois is an equitable distribution state, meaning the court will consider each party’s current situation and future needs when dividing marital property. Proper documentation and financial disclosures are key to helping ensure a fair division. This can include:

  • Marital homes and real estate.
  • Retirement accounts and pensions.
  • Investments and savings.
  • Credit card and loan debt.

It’s important to remember that “equitable distribution” doesn’t always mean a perfect 50/50 split. It’s about creating a fair and just arrangement based on each family’s unique situation. This process can be tricky, so it’s a good idea to work with a skilled divorce attorney to help ensure your rights are protected during asset division in Illinois.

3. Spousal Maintenance (Alimony)

Alimony is a financial arrangement where one spouse supports the other after a divorce or separation. Its primary goal is to help financially disadvantaged spouses maintain a standard of living comparable to what they experienced during the marriage. Alimony can be temporary or permanent, depending on various factors. These factors include:

  • The length of the marriage.
  • Each spouse’s income and earning capacity.
  • Parental agreements, with the custodial parent potentially receiving additional support to cover child-related expenses.
  • Contributions to the household or family, including both financial and non-financial contributions.

4. Alternative Dispute Resolution (ADR)

Many couples in DuPage County choose mediation or collaborative divorce to avoid the time and expense of litigation. Alternative dispute resolution (ADR) methods encourage open communication and problem-solving, allowing couples to resolve disputes amicably.

Tips for Navigating Divorce in the New Year

Divorce often brings a range of challenges that can feel overwhelming. Understanding how to address these hurdles is essential for navigating this difficult time. If you are beginning the divorce process this year, here are a few tips to help you navigate it effectively:

1. Seek Professional Guidance

Divorce can stir up emotions such as stress, anger, and grief, making it crucial to prioritize your mental health. Seeking support from therapists, joining support groups, or confiding in trusted friends and family can provide a much-needed outlet and help you build resilience. Work with an experienced DuPage divorce lawyer who can provide clarity and guidance at every stage.

2. Stay Organized

The financial impact of divorce can feel daunting, especially when it comes to dividing assets and planning for your financial future. Partnering with financial professionals alongside your divorce attorney can clarify your financial standing and help you make informed decisions for the future.

3. Prioritize Communication

For families with children, minimizing conflict and maintaining stability is vital. A thoughtfully crafted parenting plan can help address their emotional and physical needs, making them feel secure during the transition. Prioritizing open communication and consistency can help significantly improve their well-being.

By addressing these challenges proactively and seeking professional guidance, you can navigate the complexities of divorce with greater confidence and stability.

How Masters Law Group Can Help DuPage Divorce Attorney

Choosing a local divorce attorney with in-depth knowledge of DuPage County’s family court system can make a meaningful difference in the outcome of your case. At Masters Law Group, we understand that every divorce is unique, and we are dedicated to providing personalized support tailored to your specific circumstances.

Our divorce attorneys are here to guide you through every step of the divorce process, from dividing assets to creating parenting plans. With our extensive knowledge of DuPage County, we offer:

  • Experience in Court Procedures: We are well-versed in the filing requirements and processes specific to DuPage County’s family courts.
  • Judiciary Insight: Understanding judicial approaches to family law cases allows us to develop effective strategies for your case.
  • Familiarity with Local Mediation Practices: We can help you resolve disputes efficiently and amicably through mediation or collaborative divorce.

Whether you pursue mediation, collaborative divorce, or litigation, our team is committed to advocating for your best interests and helping you achieve a fresh start. If you are considering divorce in DuPage County, the team at Masters Law Group is here to guide you through this transition.

Contact us today to schedule a consultation and learn how we can help.

FAQs About Divorce in DuPage County

How long does a divorce take in DuPage County?
The timeline varies depending on whether the divorce is contested or uncontested. On average, an uncontested divorce can take a few months, while contested cases may take longer.

What are the residency requirements for filing a divorce in DuPage County?

In Illinois, at least one spouse must have resided in the state for at least 90 days before filing for divorce. If the case involves minor children, the residency requirement extends to 180 days to help ensure jurisdiction over child-related matters. The team at Masters Law Group is here to assist you in filing your divorce petition and confidently navigating the legal process.

Can mediation work if we don’t agree on everything?
Mediation can help resolve disagreements in a structured, neutral setting. The mediation process involves a neutral third party helping both spouses communicate and negotiate a fair agreement, often reducing the emotional and financial strain of a traditional trial.

How is parenting time decided?
The court considers the child’s best interests, including factors like parental involvement, work schedules, and the child’s needs.

Do both spouses need to hire an attorney?
While it’s not required, having legal representation helps ensure your rights are protected throughout the process.

Disclaimer: The information provided in this blog is for educational purposes only and does not constitute legal advice. Please consult the qualified family law attorneys at Masters Law Group for advice regarding your individual circumstances.