Free Initial Consultations
630-580-6373
Recent Blog Posts
What Happens in a Voluntary Acknowledgement of Paternity Matter?
On its face, the Illinois Voluntary Acknowledgement of Paternity (VAP) seems like a simple form. It requires basic information about the mother, the child, the person asserting parentage, and other details. The benefit of using a VAP is that paternity is established without having to go to court. However, it is critical that you know the legal implications of executing the form—no matter what position you are in as a parent.
Before you consider this method of establishing paternity and sign the VAP, make sure you talk to a qualified Illinois parentage attorney to fully understand your rights and obligations.
VAP Basics
In Illinois, a child is presumed to be the offspring of two parents only if these individuals were married at the time the child was either born or conceived. Where the parents were not married, only the person who actually bore the child is considered a parent and can be listed on the birth certificate. It is possible to overcome the presumption and establish parentage through executing the VAP or by going to court for a determination on paternity.
Few Couples Qualify for Illinois’ Joint Simplified Dissolution of Marriage
If you are like many other individuals seeking divorce in Illinois, you hope to complete the process with as little cost and hassle as possible. You may have already sought information on the state’s Joint Simplified Dissolution of Marriage option for divorcing couples, which is attractive because it keeps expenses low and reduces the amount of time for resolution of your case. However, the fact is that very few couples actually qualify for the process due to the strict legal requirements. The eligibility rules will help you understand why—in most cases—you need a skilled Illinois divorce attorney to handle your matter.
Eligibility for Joint Simplified Dissolution Procedure
As a party seeking to divorce through the simplified process, you both must certify that every one of the following conditions is true when initiating the proceeding:
Right of First Refusal for Illinois Parenting Time
A parenting plan for decision-making and parenting time is a part of any Illinois divorce when minor children are involved, whether it is by agreement of the parties or ordered by the court. The provisions of the plan that cover parenting time refer to the periods where one parent is responsible for care-taking duties. However, provisions may not address what happens when something “comes up” to impact the normal schedule.
Illinois law regarding the right of first refusal is intended to alleviate issues that may arise under these circumstances. You should discuss your situation with a qualified parenting time lawyer. Still, some answers to the most common questions on right of first refusal should be helpful.
What is the Right of First Refusal?
When one parent is unable to watch a minor child during regular parenting time as defined by the parenting plan, he or she would typically retain a caretaker to handle this responsibility. However, a right of first refusal means that the parent would first have to offer the other parent an opportunity to provide care before resorting to a third-party caretaker.
Child Support: Beyond the Basics Under Illinois Law
Parents must stick to a court’s order on child support—an order which is intended to cover the costs of basic necessities. However, there is more to a child’s life than food, shelter, and clothing.
Under Illinois law, a judge has the discretion to include additional expenditures in the amount of child support if doing so is in the child’s best interests and is equitable between the parents. Not all costs will qualify for an additional financial stipend above and beyond the basic obligations, so discuss your options with a knowledgeable child support attorney.
Qualifying Expenses
In addition to setting child support according to the guidelines in the statute, the court may order either or both parents to contribute to four different types of expenses:
-
Healthcare Costs: To the extent that they are not covered by insurance, a court may order payment of additional health-related expenses. Whether a judge will allow extra child support beyond the basic order depends upon how the payor parent has arranged insurance for himself or herself. The court may order a one parent to pay a percentage of the premiums if insurance is through an employer that passes on a charge to employees.
What Happens to My Will Under Illinois Divorce Laws?
Divorce is certainly not on your mind when you and your spouse execute wills, but circumstances can change down the road. It hardly seems fair that testamentary bequests may result in a distribution of assets to your former spouse upon your death—and it is not: Illinois law specifically addresses this notion to prevent such a situation. Still, there are factors you will need to consider regarding your will and issues you should discuss with a divorce attorney who also has experience with estate planning.
Revocation of Legacies to Former Spouse
In general, a will may only be revoked by burning it, cancelling it, or taking some other action to destroy it—either personally or by directing someone else to do it. A will executed after the first will also have the effect of revocation, but only as far as the terms are inconsistent. The only other way a will may be revoked is by dissolution of marriage or declaration of invalidity of marriage.
Child’s Best Interests: What’s New Under Illinois Law?
In 2016, a number of changes were implemented to the Illinois Marriage and Dissolution of Marriage Act—changes that cover divorce and child custody issues. One of the sections that was overhauled deals with the allocation of parental responsibilities as they relate to decision-making.
In general, the law provides that the court will determine these obligations according to the child’s best interests and it enumerates a total of 15 factors that a judge should consider when making a decision. Because the law deletes a few sections from the prior one, and incorporates new criteria, it is worth taking a look at the seven new provisions for allocating parental responsibilities in Illinois.
Cooperation
A court will consider whether the parents can cooperate in making decisions, because conflict can impact their ability to share the role.
Benefits of Mediation for Illinois Parenting Plans
Within 120 days after filing a petition to allocate parental responsibilities for a minor child, divorcing parents must file a proposed parenting plan that covers decision-making responsibilities and parenting time. It is great when parents can agree on the parenting plan, but that is not always possible.
There are numerous meticulous details involved with planning out your child’s life, which you must address at a time when emotions may be running high over disputes with your spouse. Fortunately, the court can order your case to mediation to assist with developing a parenting plan and it is a process that presents benefits for your entire family.
Court-Ordered Mediation to Develop a Parenting Plan
Under Illinois law, the court “shall” order mediation to help parents in formulating a parenting plan—unless there are barriers to suggest that mediation will not work. Therefore, you should expect to engage in the mediation process if you cannot agree with your child’s other parent on the parenting plan. In addition, if you do agree on some provisions and disagree on others, you may still be required to mediate only the disputed issues.
How Do Annulments Work in Illinois?
Annulments are often thought of as a legal process you go through after using bad judgment during a trip to Las Vegas. However, an annulment is a very specific proceeding under Illinois law. The official term according to the statute is “Declaration of Invalidity of Marriage,” and it is not as available as you might think.
There are exacting requirements to qualify for the annulment process, and the rules regarding eligibility are quite strict. Therefore, if you are considering an annulment, you should discuss your circumstances with an Illinois divorce lawyer who can advise you on annulments and other available options.
Declaration of Invalidity of Marriage Versus Divorce
The effect of a declaration of invalidity of marriage is that the union never even took place. No valid marriage ever existed, despite what may have occurred during a ceremony or thereafter. For all practical purposes, the marriage is cleared from all official record keeping. In a divorce, there is no dispute over whether the marriage is valid. The parties want to end their marriage, but the official marriage documents remain on the books.
What Does it Take to Defeat Relocation of a Child?
Circumstances may change for parents of minor children after a divorce, and the terms of your parental responsibilities and parenting time may have to adjust along with them. In a common scenario, your former spouse may want to relocate your child from his or her normal residence for different reasons.
No matter what the justification for moving, you do have rights under Illinois law regarding relocation. The child’s best interests are always paramount, but it is possible to defeat your ex-spouse’s removal efforts before, during, or afterwards. Always discuss your specific situation with an Illinois divorce lawyer. Consider the following information to help you understand the process.
Location of Relocation
If your child enjoys the majority of parenting time with your ex-spouse or you split it equally, your ex-spouse must follow state law on the distance of the move. Relocating rules apply when moving more than:
Interests in a Business Under Illinois Divorce Law
The parties in a divorce are free to enter an agreement regarding a distribution of property, but the court will make a determination where they cannot reach an accord. In doing so, the assets are broken into categories of marital and non-marital. Generally, only marital property is subject to equitable distribution and non-marital property is retained by the respective spouses.
One unique type of asset that may become an issue in making a property distribution pursuant to divorce is an interest in a business. When ownership is determined to be a marital asset, valuation methods and business goodwill become critical. Discuss your situation with an experienced Illinois property division attorney to ensure protection of your interest.
Valuation Methods
Establishing the worth of a company is highly complex, so a financial professional is typically hired to conduct a business valuation in divorce cases. There are three primary methodologies used:
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.
