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Stepparent Visitation in Illinois
The bond between a stepparent and child can often be just as strong, and in some cases stronger than, the bond between the child and their biological parent. The state of Illinois understands this fact; if you are a stepparent who is considering filing for divorce in Illinois, you are entitled to visitation with your stepchildren, provided certain criteria are met.
Illinois family law 750 ILCS 5/607 allows a stepparent visitation rights with their stepchildren in cases where the court determines it is in the best interest of the child. A petition for stepparent visitation rights may be filed if:
- The stepchild is at least 12 years of age
- The stepchild has lived with the stepparent continuously for at least five years
- The stepchild wishes to have reasonable visitation
Annulment in Illinois: The Basics
Rather than get a divorce, some married couple decide to go down the path of annulment. Annulment in Illinois is defined as “a declaration of invalidity of marriage.” If a marriage is annulled, it is no longer recognized by the state as valid. Rather than ending a marriage, as divorce does, an annulment essentially erases the fact that there ever was a marriage.
Here in Illinois, there are only four grounds for the annulment of a marriage. They are as follows:
- A party was under the legal age at the time of the marriage and did not have the consent of a parent or guardian, or judicial approval
- A party lacks the ability to consummate the marriage by sexual intercourse (and the other party was not aware of it)
- One party lacked the ability to consent to the marriage at the time of the ceremony due to mental incapacity or infirmity or the influence of alcohol or drugs
Guardians ad Litem: Someone Must Think of the Children
Divorce is a fact of life for many Illinois residents. What many do not consider is that while the spouses have chosen to end their marriages, the children of these marriages do not have a choice in what goes on. Yet divorce still affects children just as much as adults. Perhaps more so because they lack the experience and knowledge to fully comprehend the situation.
Because of this, Illinois law has a provision that allows for someone to represent the child in the divorce proceedings. Upon motion by either party to the divorce, or upon motion of the court, either an attorney for the child, a child representative, or a guardian ad litem will be assigned to the child or children in the case. Each position is subtly different, but the goals are the same: to protect the best interests of the child.
Protecting your Children during Divorce
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How to Talk to Your Children About Divorce
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Historic Gay Marriage Bill Likely to Pass Within the Month
The Washington Post reported that, on November 5, the Illinois House of Representatives passed House Bill 5170 which, if signed by Governor Pat Quinn, will create the Illinois Religious Freedom and Marriage Fairness Act. Under this Act, all Illinois state laws that apply to marriage will apply equally to marriages between two people of the same sex as to marriages between two people of different sexes. According to the Post, an aide to Governor Quinn stated that he would sign the bill within the month.
Illinois Religious Freedom and Marriage Fairness Act
Before June 2011, same-sex couples were not entitled to the same marital rights as different-sex married couples. Under the law, married couples in Illinois received all protections that come to mind when imagining marriage: visitation rights in hospitals, survivor benefits in jointly-held property, and parental rights in children. Same-sex couples, on the other hand, were not merely prevented from obtaining these rights through marriage, they were expressly forbidden. The current Illinois Marriage and Dissolution of Marriage Act prohibits “a marriage between [two] individuals of the same sex.” The current Act even goes so far as to outright declare that “[a] marriage between [two] individuals of the same sex is contrary to the public policy of” Illinois.
Illinois Domestic Violence Myths and Tips
Many people like to believe that if someone close to them like a family member is being abused, they will know and can help, but that is not always the case. The comforts about domestic violence that we often tell ourselves are infrequently true. DomesticViolence.org explains the faults in many of these myths and family law tips as follows: 1. If the abuse is really bad, the victim would leave. Leaving an abuser physically or emotionally will not stop him from going after his victim. Trying to get away could also anger the abuser and worsen the abuse. According to the United States Department of Justice, the most dangerous time for a victim is when she tries to leave. 2. There is no domestic violence in my community. In one year alone, the state police of Michigan concluded that a woman was killed about once a week by a partner or former partner. 3. Only women of color and poor women are victims of domestic violence. Domestic violence has no filter. Victims range in age, religion, culture, class, marital status, sexual orientation, and gender. Although it is less frequent, men are victims of domestic violence too, along with white and rich women. 4. Domestic violence is caused by mental illness, drug abuse, alcohol, and stress. Mental illness and drug abuse are often used as excuses rather than being actual causes of domestic violence. 5. What happens between a husband and wife is a private and personal matter. Domestic violence commonly affects more than just the abuser and the first partner/victim. The American Psychological Association reported that 40 percent to 60 percent of men who abuse women also abuse children. Sometimes the abuse becomes more serious and the victim is killed through the abuse, 30 percent of female murder victims in 1996 were killed by husbands and boyfriends according to the FBI. This abuse happens all around us without anyone knowing until it is much too late for the victims. If you are a victim of domestic abuse or you know a victim, contact a family law attorney for assistance to get safely out of the relationship. Illinois family lawyers at the Davi Law Group can help a victim file charges against his or her abuser and safely stay away for good. We have locations in Warrenville and Wheaton, Illinois.
The New Trends of Prenuptial Agreements
Marriage is a risky proposition, considering that about half end in divorce. Just as you protect yourself from risks by having insurance, you can do the same for your marriage. A prenuptial agreement can act like an insurance policy for your union and any assets you would want to keep in the event of a divorce. Nancy Dunnan, a financial advisor in New York City, states that “marriage is not just an emotional and physical union—it’s also a financial union. A prenup and the discussions that go with it can help ensure the financial well-being of the marriage.” These agreements have become more popular in the past couple of years. A survey conducted by the American Academy of Matrimonial Lawyers shows that 63 percent of divorce lawyers have noticed an increase in the number of couples creating prenups over the last three years. Forty-six percent of the lawyers surveyed also noted that more women are initiating the prenup discussion. AAML President Alton L. Abramowitz had this to offer as a possible explanation. “I think people have become much more conscious of the availability of prenuptial agreements and there’s a greater emphasis on protecting either premarital assets that may increase in value, or assets that may increase in value during the marriage primarily because of the efforts of one spouse because of their career.” Asset protection is not the only issue that can be covered in a prenuptial agreement. These contracts can also outline how debts and assets are divided in a divorce which is important because of the volatility of the real estate market and economy as a whole. They can also include how an inheritance or other assets that was acquired before a marriage are divided during a divorce. Spousal support is another typical topic that can be included in a prenuptial agreement. If you have additional questions or would like to create a prenup for your marriage, contact an experienced family law attorney in DuPage County today.
Benefits of Using Social Media During Divorce
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Adultery & Gender Equality
Ask almost anyone who they think of when they hear the word “adultery,” and you will most likely be unanimously greeted with images of a male of any age, breaking the marital bonds he shares with his wife. And while not completely justified, it is true that throughout history men have owned the lion’s share of adultery in committed marriages.
But now things seem to be changing – according to a study performed earlier this year, women have closed the gap on infidelity, with rates of adultery rising over 40% in just two decades. And while this may not be something to celebrate, it shows a rise in interesting trends that seem to support the equality among individuals of both genders.
Women Have More Opportunities
For most of the 20th century, women were highly dissuaded from performing adulterous acts, due to the consequences that were bound to occur if discovered. Besides the social reputational damage, husbands could seek divorce from the adulterous wife, leaving the wife without virtually no financial support structures and fewer employment opportunities. This is what inevitably led to a lower rate of adultery among women who had no financial stability without their male counterparts.
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