Free Initial Consultations
630-580-6373With offices in Naperville, Joliet, Wheaton, Plainfield & Chicago
630-580-6373630-580-6373
Perhaps you have scoured flea markets and auctions for years to build your collection of antique furniture. Maybe your coin collection has been growing since you were a young child and has only increased in value during your adulthood. Collectables such as these are not only valuable in the financial sense, but they are also valuable in the personal sense.
If you own an impressive collection of stamps, coins, trading cards, records, antiques, memorabilia, or other items of significant value, these assets can impact your divorce considerably. A skilled divorce lawyer can help you determine the best way to account for collectibles in your divorce case and ensure that your rights are protected during the division of marital property.
Determining the value of a collection is challenging for several reasons. Firstly, the value of antiques and other unique collectibles is often up for debate. The value of these items can also fluctuate as the market ebbs and flows. Furthermore, the collection as a whole is often more valuable than the items’ individual values. Before you can account for collectibles in your divorce, you will need to get the assets professionally valued by an appraiser.
Marital infidelity is shockingly common. Studies show that up to one in five married people cheats on their spouse—and those are just the spouses who admit it. If your marriage has been impacted by infidelity, you know just how devastating it can be. Often, an extramarital affair is the main instigating cause of divorce. You may wonder what type of legal recourse you have at your disposal. Can you sue your spouse’s lover for emotional distress or alienation of affection? How will marital infidelity affect divorce?
If your spouse cheated on you, you may be looking for a way to hold the other woman or the other man accountable for the harm the affair caused. Seven U.S. states currently allow civil tort claims for “criminal conversation” or “alienation of affection.” However, Illinois is not one of them. You cannot sue your spouse’s boyfriend or girlfriend for the damage he or she caused to your marriage.
If you are engaged, you may be thinking about the advantages of creating a prenuptial agreement with your soon-to-be spouse. There are considerable misunderstandings and misconceptions about prenups. However, more and more people are recognizing how beneficial these marital agreements can be. If you are getting married and you are on the fence about getting a prenuptial agreement, consider the following.
Prenuptial agreements are becoming more and more popular among younger couples in the U.S. Many people in their 20s and 30s have divorced parents. They recognize that divorce is a possibility even in the happiest relationships. Therefore, it is best to be prepared for this possibility. Many millennials also have substantial assets and debts that they want to protect in the event of divorce.
If you are a parent getting divorced, you probably spend a lot of time worrying about how the divorce will affect your kids. Divorce brings about massive changes to a child’s home, family, and daily life. Some children struggle to cope with these changes. Fortunately, Illinois law reflects the fact that divorce is hard on children, and policies have been instituted to minimize the trauma of divorce as much as possible. This is one reason that children are not typically asked to testify in court during child custody cases or other family law issues. However, your child may be asked to participate in the case in other ways.
Illinois courts make every child-related decision with one key priority in mind: ensuring that the child is safe and well cared for. Consequently, child custody decisions are always made with the child’s best interests in mind. However, courts do often take children’s preferences into consideration during family law cases. The child’s statements will not determine the outcome of the case, but they may influence the court’s opinion.
In an Illinois divorce, the allocation of parental responsibilities and parenting time is detailed in a “parenting plan” or parenting agreement. Some divorcing couples are able to negotiate an out-of-court agreement, while others are subject to the child custody order handed down by the court. However, life is full of unexpected changes, and there may come a time when a parent needs to modify or update their custody order. If you need to modify your child custody order, make sure you understand how and when custody orders may be changed under Illinois law.
Change can be really hard on children. Consequently, Illinois courts generally limit child custody modifications unless they are necessary to promote the child’s best interests or a certain amount of time has passed since the custody agreement was established or last modified. If it has been less than two years since the last custody order, modifications to parental decision-making responsibilities are usually only possible for the purposes of protecting a child from endangerment. Parenting time can be modified sooner in response to a substantial change in circumstances or upon the parents’ agreement.
Adopting a child is a massive undertaking emotionally, financially, and legally. There are multiple legal avenues through which you can adopt a child in Illinois. Two of the main paths to adoption are private or independent adoption and adoption through an adoption agency. If you are thinking about adoption, it is important to consider the advantages and disadvantages of each of these choices.
An adoption agency is an intermediary that facilitates adoptions. The agency helps match prospective adoptive parents with children who need a loving home. The agency also evaluates adoptive parents through interviews and home studies to ensure that the parents can provide the safe, loving home the child deserves. The facility also assists with paperwork and provides guidance throughout the adoption process.
An independent adoption does not involve an adoption agency. The birth mother and the adoptive parents work out an agreement on their own, without help from an intermediary. Private or independent adoptions are subject to certain rules and restrictions in Illinois. For example, an adopting parent must get permission from the court to pay for the birth mother’s medical expenses and other costs. You will also be required to complete a home study to proceed with a private adoption in Illinois. The birth mother has 72 hours after the child’s birth to change her mind and revoke consent to the adoption.
Officially ending a marriage through divorce is much more than simply breaking up a relationship. Numerous financial and legal issues will need to be addressed including the division of marital debts and assets. However, before a couple can reach a property division agreement, they must first take stock of their marital and non-marital property. In many divorce cases, correctly valuing these assets in preparation for division is one of the most challenging aspects of the divorce.
Per Illinois law, spouses are entitled to an equitable share of the marital estate. The marital estate contains property that was accumulated during the marriage with some notable exceptions such as property obtained through gift or inheritance. Whether spouses are able to reach an out-of-court settlement or the case goes to litigation, property must be properly valued before it can be divided. Some assets that are often especially difficult to value include:
Under Illinois law, if the biological parents of a child are not married (or in a legal civil union) at the time of their child’s birth, the biological father is not automatically considered to be the legal father, regardless of whether the parents live in the same home or if they plan to get married. Until paternity is established, the father will not have any parental rights or grounds to pursue custody. Fortunately, there are a few different ways for a man to become legally recognized as a child’s father.
The legal relationship between a father and his child is known as “paternity.” When the mother of a child is married or in a civil union with a man at the time of the child’s birth, or within 300 days of the child’s birth, the law presumes that man to be the child’s father. This means that the man is recognized as having parental rights, and that he can petition for parenting time and parental responsibilities if he is no longer married to the child’s mother.
A divorce is never a walk in the park. However, if you and your spouse have children, it can make the ordeal even more complex. In Illinois, you are required to create a parenting plan that describes how you and the other parent will take care of your kids after your divorce is finalized. Including the right elements is critical to promoting your children’s well-being, and it can also help you maintain a positive co-parenting relationship with your former spouse.
According to Illinois law, there are certain elements that should be included in your parenting plan, including:
Where the child will live and each parent’s parenting time
Transportation arrangements for exchanges between parents
How parental communication will be dealt with with the child during the other parent’s parenting time
Many people nowadays consider their pets an important part of their family. Dogs and cats provide companionship and can reduce your anxiety and depression. If you and your spouse have recently filed for divorce, you may wonder who will get the family pet. Your furry family member likely means the world to you, and imagining your life without it may be difficult. In Illinois, pets were once considered marital property in a divorce. However, as of 2018, pets are looked at somewhat similarly to children during divorce proceedings.
Before 2018, pets would be given to one spouse in a divorce based on what was fair and equitable. These days, however, a family court judge will assign custody based in part on the animal’s well-being. A judge may look at many different factors before coming to a decision, such as each spouse’s relationship with the pet and contributions to its care. If one spouse, for example, spends more time with the pet and has paid for the majority of the food, vet and grooming bills, the judge may grant custody to that spouse. Your testimony and evidence of expenditures and care for the pet may help to strengthen your case.
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, |
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.
