Posted on June 11,2019 in Family Law

When a baby is born, the biological mother is already established, but unless the mother is married, the child's father is not presumed to be a legal parent. Paternity is the legal relationship between a father and a child. In cases where paternity needs to be established, doing so benefits the child in many ways. For example, it can foster a positive relationship between the father and child. In addition, the child is entitled to receive certain benefits, such as child support and health or life insurance based on the father’s employment.   

Voluntary Acknowledgment of Paternity and DNA Tests

Under Illinois law, if two people are not married or in a civil union, then a form can be signed to identify the father of a child. This is called Voluntary Acknowledgment of Paternity (VAP), and it will ensure that a father can be listed on the child’s birth certificate. The form can be filled out at the hospital or at a later time by obtaining it from a child support office, county clerk’s office, or online. To complete this process, both parents must read and understand their rights upon signing the form. The form is then filed with the Illinois Department of Healthcare and Family Services.

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 Posted on June 04,2019 in Divorce

Summer vacation is what students look forward to all year. However, if a couple gets a divorce, there can be much uncertainty around this time of year for parents and children alike. Without school to fill children's daily schedules, an entirely different schedule within your parenting plan may be necessary.

What Is a Parenting Plan?

When a married couple with children gets divorced, they must create a parenting plan. This is a court order that specifies how children will be taken care of after a divorce. The parenting plan will explain the amount of time each parent gets to spend with a child, and how parents will make decisions about raising their children. In Illinois, the terms “custody” and “visitation” have been replaced by “parental responsibilities” and “parenting time.” Instead of dividing legal and physical custody of children, parents may divide or share decision-making responsibilities, and each parent will typically be given parenting time with the children.

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 Posted on May 30,2019 in Divorce

The decision to divorce is difficult for any married couple. Whether it is losing the person you love, not seeing your children as often, or adapting to a new lifestyle, everyone has valid fears when the divorce process begins. Another common concern is about personal finances after you and your spouse split. If your spouse makes a significant amount of money, or if you do not have a college degree, giving up that financial support may feel hopeless.

Division of Assets

Unless you signed a prenuptial agreement before getting married, Illinois has a process when it comes to property and debt in a divorce called equitable division. While this does not mean that each spouse gets an equal share of marital property, the division of assets is done based on what is fair, while taking certain factors into consideration. How assets are divided are based on the length of a marriage, how much each spouse contributed to the marriage, economic and health circumstances, and whether children are involved. When it comes to physical property, premarital assets are usually left with the owner, and marital assets are included in the equitable division process.

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 Posted on May 21,2019 in Divorce

While divorce is difficult on the adults involved, it can be especially traumatic for the children a divorcing couple shares. How you handle the divorce can have a lasting impact on your children’s lives.  

One of the biggest concerns parents have when getting a divorce is when they will see their children. In Illinois, there is no longer “custody.” Parental responsibilities are determined and parenting time is decided and maintained through a parenting plan. A parenting plan determines which parent the child spends time with and when. Other details such as school pickups, holidays, and extracurricular activities will also be covered in your parenting plan. 

Different ages of school-aged children require different types of care when going through a divorce. If you and your spouse have a large family, there may be separate sets of discussions depending on the age gaps and maturity of your children. Here are some helpful tips for how to address this:

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 Posted on May 14,2019 in Child Support

While parents are always proud when their children go off to college, there is no ignoring the immense financial burden higher education can bring, for students and parents alike. Paying for college is not easy for most families, and it is further complicated for parents currently involved in the divorce process or already divorced.

Illinois is one of the few states where a judge can order a parent to pay tuition and other college expenses if a mutual decision cannot be made. This part of family law in Illinois is called post-high school educational expenses. 

Paying for College After Divorce

College expenses are treated like child support, but there are limitations. There is a cutoff of how long a parent is obligated to pay for college expenses for a non-minor child. When a child turns 23 years old, has received a bachelor’s degree, or gets married, a parent no longer can be ordered to support post-high school educational expenses. Your situation may be different, and these limitations can be extended. 

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 Posted on May 07,2019 in Divorce

When getting a divorce, there are many decisions to be made. Because of the sensitivity of topics in family law such as child custody and the division of marital assets, a mediator can be a helpful resource when planning your future. Discussing the terms of your divorce with a mediator can decrease the time, energy, and money you spend in court. 

What is Divorce Mediation? 

Mediation is when a neutral third party helps two conflicting groups come to an agreement in a structured meeting or meetings. A mediator does not make decisions for either party but is there to ask questions and lead the discussion toward a resolution. The mediation process starts with both sides making an introductory statement, followed by listing concerns related to the disagreements. The mediator will listen and find common goals of the parties. If the initial session does not result in an agreement, the parties can meet with the mediator to try again. 

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 Posted on April 24,2019 in Divorce

People get married intending to spend the rest of their lives together. Unfortunately, not all relationships work out, even after having been committed to the partnership for a long time. A divorce is a stressful life event to go through, especially after years of commitment and having children together. After the legal process, it may take time to get over divorcing your spouse. 

Why Do People Get Divorced?

Each couple is different, and the specific reasons for divorce vary, but there are several common reasons a couple will decide to end their marriage. Infidelity is one of the most common reasons a marriage ends. An unfaithful spouse has traditionally been a standard legal grounds for divorce, as they are breaking their marital vows. Other reasons for divorce include different aspirations, financial difficulties, or the loss of love for each other. 

A divorce can be the most painful break up a person will face. An attorney will assist with creating a parenting plan for your children or dividing assets with your spouse, but how to continue after the divorce is up to you. It is essential to take care of not just your physical and financial well-being, but there are steps you can take to be emotionally healthy as well:

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 Posted on April 18,2019 in Divorce

Deciding to get a divorce is the first step to complete the legal process. Whether you and your spouse make the decision together, or it is a one-sided decision, the process of getting a divorce can seem overwhelming. Having experienced legal counsel will make the divorce process easier, particularly if any issues arise. 

Illinois Divorce Laws

In Illinois, divorce is legally referred to as the dissolution of marriage. To file for divorce in Illinois, you must have resided in the state for at least 90 days. To begin the legal process, the first step is to hire a skilled divorce attorney who can complete all the required paperwork. Details about your marriage and your spouse will be included, including where you were married, places of employment, and addresses. These forms must be filed with the county court you are asking for a divorce. There will be a filing fee, and if necessary, a service fee. 

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 Posted on April 09,2019 in Divorce

When getting a divorce, one of the biggest concerns is how decisions regarding children will be made between the former spouses. In Illinois, this is called parental responsibility, which dictates the important aspects of a child’s life. Decisions about medical care, education, and religion are made by the parents, who share this responsibility. Decisions about a child’s care are made through what is called a parenting plan. 

What is a Parenting Plan?

A parenting plan is a court order that decides which parent sees the child and when, and how they are cared for. Although the time spent with both parents is rarely an exact 50/50 split, in most cases, the court will decide that the child will benefit the most from seeing both parents regularly. In lieu of “visitation” in Illinois, the term used is “parenting time,” which is defined as time performing parental duties and care. 

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 Posted on April 02,2019 in Divorce

A married couple may decide to start a family, but what happens if that couple decides to get a divorce while expecting a child? A divorce and pregnancy are stressful on their own, but experiencing them together presents a unique set of challenges. In Illinois, a pregnancy in no way restricts your ability to end a marriage, but there are some reasons a family may choose to delay divorce finalization until after the child is born. 

Whether this is a first child or a new addition, it will be important to discuss what is best for your growing family. Although you and your spouse may not see eye to eye anymore, reaching common ground about an unborn child and divorce will reduce everyone’s stress. Consider some of these points when making decisions about your divorce with a baby on the way. 

Paternity

While there is no question about the biological status between mother and child at birth, paternity - the legal relationship between a father and child - is sometimes unknown or contested. When a child is born to a married couple, the woman’s husband is assumed to be the legal father and has rights to the child. The child also becomes eligible for benefits from the father, such as health insurance, social security benefits, and any inheritance. Without being married, you may have to establish paternity, such as signing a voluntary acknowledgment of paternity form. On the other hand, if the paternity of the child is not certain at this point in your relationship, it may be best to end the marriage and prove paternity after.

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