Free Initial Consultations
630-580-6373
Recent Blog Posts
Can You Divorce Someone in Illinois Without Them Knowing?
In Illinois, you cannot legally divorce someone without their knowledge. Both spouses must be served with divorce papers before the divorce can be finalized. There are a few exceptions to this rule, but they are very limited.
Considering a divorce but not sure how to go about filing? Speak with an attorney to discuss your options as soon as possible. An attorney can help you understand your rights, provide guidance, and legally represent you in court if necessary.
What Are the Requirements to Get Divorced in Illinois?
It is important to know the location of your spouse during a divorce for a few reasons:
-
To serve them with the divorce papers
-
To discuss the terms of the divorce with them
Can I Establish Paternity After a Child's Birth in Illinois?
Establishing paternity is an important step in securing legal rights as a father. It is also a great way for the father and child to connect on an emotional level. In Illinois, there are options for establishing paternity after childbirth. This is achievable in a few different ways.
As a father in Illinois considering establishing paternity, it is important to speak with an experienced family law attorney to discuss your options. An attorney can help you understand the benefits and risks of establishing paternity and can help you file the necessary legal documents.
What Methods Can I Use to Establish Paternity?
The first way in which a person can determine paternity is through a Voluntary Acknowledgment of Paternity (VAP). A VAP is a document that is signed by you and the mother stating that you are the child’s father.
Can My Ex Move Out of State With My Children after a Divorce?
When a divorce happens, one of the parents may choose to move far away. However, if the couple has children, a judge usually decides where they will live and how the parents will take care of the kids. With time, however, one of the parents may start a new romantic relationship and want to move to another state to start a new family. If you do not agree with your ex’s plan for parental relocation you need an experienced Illinois attorney to help you navigate these sensitive family law issues.
What is Considered Relocation in Illinois?
Relocation comes into play when parents in Chicago’s collar counties consider moving somewhere more than 25 miles away with a child they share with a co-parent. Courts will also consider a move a relocation in other cases, when a parent wishes to move further than 50 miles away within the state of Illinois or to a different state more than 25 miles away.
How Does Divorce Affect Blended Families?
Blended families are the result of parents and kids merging from different backgrounds to form a new family. When divorce enters this dynamic, it can bring challenges that deserve careful thought. There are many factors blended families should consider when dealing with divorce.
Understanding Communication
A blended family can face complex communication and conflict issues. With multiple parents and stepparents, each with their own ideas, open dialogue is vital. Effective communication can help untangle these knots and resolve conflicts.
Role of Stepparents
Divorce can be especially tricky for stepparents. Feeling like an outsider or less important than biological parents is common. Navigating this territory requires patience and building relationships with children slowly.
Sibling Relations
Blended families also grapple with sibling rivalry, where kids vie for attention or resources. Sibling rivalry can be an issue in any family but is especially complicated in a blended family. It can be more challenging due to varying relationships with parents and stepparents. Parents need to be aware of this and address it positively.
Should We Plan for Our Children's College Expenses During Our Divorce?
In Illinois, parents have the option of planning for their child’s college expenses when they get divorced. Provisions related to future college costs can be included in a parenting plan or incorporated into the divorce decree. In some cases, a parent can even be court-ordered to cover their share of the child’s college-related expenses during contested divorce. It is likely wise for parents to begin - or continue - planning for their child’s future educational needs when they get divorced. Establishing a financial plan for college can help your child feel that they are loved and cared for by both parents despite these major changes. Making this type of plan can reassure your child that you are still going to work together to benefit them. It can also alleviate later financial stress and prevent future disagreements regarding which parent is responsible for what share of college costs. An attorney can help you develop a strong planning strategy.
Do I Need a Forensic Accountant to Help With My Divorce?
Hearing the term “forensic accountant” might make you think of white-collar criminal investigations. However, there is much more to what a forensic accountant does than handle complex fraud investigations. Many work on divorce cases in which there is a concern with one spouse’s financial behaviors. Being married does not mean that your spouse has the right to do whatever they please with marital funds. In a divorce, accounting for what has happened to missing or misused marital funds may be very important during division of property. If your spouse unilaterally wasted marital funds on things like an adultery partner, drugs, or gambling, you may be entitled to recover your share of those funds in divorce. This is referred to as “dissipation of marital assets.” The other possibility is that your spouse could be hiding marital funds from you in an effort to avoid giving you your fair share during divorce. If you suspect that either of these is true, a forensic accountant may be able to help you.
Can a Homemaker Spouse Receive Spousal Support in an Illinois Divorce?
Divorce cases can be complex, especially when it comes to addressing the financial aspects of ending a marriage. In cases where a spouse does not work outside the home, they may be concerned about how they will support themselves and address various financial issues after their divorce. However, it is important to recognize that even if a spouse does not currently earn an income, their contributions to their marriage as a homemaker or stay-at-home parent should be recognized, and they should be able to maintain financial stability, regardless of their marital status. In these situations, a couple will need to determine whether spousal support, also known as alimony or maintenance, will be a factor that will need to be addressed in their divorce.
The Role of Spousal Support in Illinois Divorce Cases
In some marriages, one spouse may have chosen to forego a career or reduce their work hours so that they could focus on household responsibilities or caring for the couple’s children. This decision often results in an economic imbalance between the spouses. The homemaker spouse may rely on the income earned by the other spouse to cover the family’s expenses. If a homemaker has been out of the workforce for an extended period, they may be concerned about their ability to meet their own financial needs if they choose to begin working again.
Benefits of Sole Legal Custody for Illinois Parents
There are two types of custody, generally - physical and legal custody. Illinois uses the term “parenting time” to describe physical custody. Parenting time is a term used to describe the time a parent spends with their child physically in their care. Legal custody is called “parental responsibilities” in Illinois. Parental responsibilities is a term used to describe the decision-making responsibility of a parent. This decision-making responsibility can be shared between two parents, or it can be granted to one parent exclusively. The parent or parents with legal custody are tasked with making important decisions about the child’s upbringing and environment. Many parents who are divorced or living apart do not see eye to eye regarding some of these decisions. While both joint and sole legal custody have benefits and drawbacks, arrangements where one parent has sole responsibility for making choices about the child’s life can reduce conflict and protect the child. However, Illinois courts are generally reluctant to exclude either parent from the decision-making process. If you believe that having sole legal custody would be best for your child, it is important to involve an attorney early on in the process.
What Evidence Does the Court Consider in a Contested Child Custody Case?
Most parenting time disputes and other child custody issues today are resolved out or court, often through mediation. However, a small number of cases will need to be heard and decided by a judge. If your divorce is going to be contested, then you should prepare for your child custody issue to be litigated. This can be stressful for everyone involved. You may be wondering what kind of evidence the judge will consider when determining which parent your child should spend more time with and what the visitation schedule will look like. You should know that it is exceedingly rare for one parent to be completely cut off from their child. This generally only happens when a parent has abused that child or has other significant issues that suggest that parent is not safe for a child. If you are facing a contested child custody case, it is essential that you are represented by an attorney as these cases can be complex and evidence-intensive.
Helping Your Child Through the End of an Abusive Marriage
Divorcing your abusive spouse is likely the best thing you can do for yourself and your child. People who will abuse their spouse are likely to also abuse their children one day if they have not already begun. Violence in the home can have a major impact on a child’s mental health. Even if you have largely kept the abuse hidden from your child’s view, children are remarkably perceptive and may be aware of what is happening anyway. Children who have seen a parent being abused by their spouse may be traumatized by the experience. However, domestic violence does not need to define their childhood or the rest of their life - or yours. There are steps you can take to help your children recover from what has happened during your abusive marriage. An attorney should be the one handling the legal issues in your divorce so that you have the time you need to focus on your family.
2224 W. Ferry Road, Unit 113, | |
1776 S. Naperville Road, Building A, Suite 105, | |
321 N. Clark Street, Suite 900, | |
58 N. Chicago Street, Suite 102, | |
2407 West Lockport Street, Suite 201-H, |
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
