Many divorces in Illinois and all across the United States are contested divorces, but there are also cases in which spouses agree on the issues surrounding their separation, making an uncontested divorce possible. While nobody is ever required to retain legal counsel for a divorce case in Illinois, people should be extremely hesitant to handle a divorce case on their own because the average person could make several mistakes that end up being very costly to correct later.

Even if you and your spouse plan to reach an out-of-court agreement, from having an attorney review any proposed agreement will ensure that it is fair. Should any issues arise relating to child support, alimony (spousal support), or division of marital debts, mediation can be a common avenue for most spouses to resolve their issues but you will still want to have a lawyer assisting you.

Common Problems with Uncontested Divorces

Many married couples going through uncontested divorces may turn to legal DIY websites for help creating the agreements they will present to the court, but such websites can be a risky proposition because they rarely inquire about the types of information that can have a dramatic impact on a divorce case. 

Illinois state law defines paternity as being a legal relationship between a father and their child. After paternity is established, the father can put his name on the child’s birth certificate and will also be granted certain legal rights. 

Whereas paternity is typically straightforward for married couples, unmarried couples can face additional issues that may be more complicated. The husband is generally presumed to be the father when a married couple has a child, but unmarried fathers often need to sign a Voluntary Acknowledgement of Paternity (VAP) or establish paternity through other means. 

Paternity Actions in Cook County 

Common kinds of paternity actions often include establishing paternity by consent of the parents, contested paternity suits, and suits to establish the non-existence of a father-child relationship. 

When growing your family through adoption, there are many different avenues to choose from. Many people choose to adopt through a private adoption agency or the Illinois Department of Children and Family Services (DCFS). Others pursue a private adoption or independent adoption. There are potential advantages and disadvantages to each of these options. However, individuals pursuing an independent adoption are often especially vulnerable to adoption scams. If you are thinking about adopting a child, make sure you understand the common adoption scams and how to avoid them.

Scammers May Target Prospective Parents Hoping to Adopt

Although it is hard to believe, fraudulent adoption scams exist, and they can be difficult to detect. Scammers may target prospective parents hoping to adopt, posing as pregnant women or birth parents who are willing to put a child up for adoption. They will often provide false information and stories to the prospective parents, in order to receive money or other compensation from them. This is known as “adoption fraud.”

Some scammers are not after your money, but instead, your time and attention. One hopeful adoptive mother explained that she was scammed by a young woman who claimed to be pregnant and seeking someone to adopt her baby. Unfortunately, it was all a lie. The scammer was not actually pregnant, and she had no intention to put her baby up for adoption. Instead, she was simply looking for attention.

When parents get divorced, there is much more on the line than bank accounts and real estate. Their children’s future is on the line. Child custody issues are frequently the source of significant hostility and disagreement during a divorce involving parents. In some cases, a parent may even accuse the other parent of child abuse.

In Illinois, child abuse allegations are handled by the Department of Child and Family Services (DCFS). The DCFS investigation begins with an assessment, which will determine whether or not the allegations merit further investigation. If the DCFS determines that abuse or neglect has taken place, they may open a full-scale investigation.

If you are facing a divorce and child abuse allegations at the same time, it is important to take certain steps to protect your rights. Contact a family law attorney experienced in DCFS matters as soon as possible for legal advice specific to your situation.

In a recent post on this blog, we discussed what people need to know regarding uncontested divorce in Illinois. This time, we will talk about things that are essential to know about contested divorce. Firstly, a contested divorce occurs when the divorcing parties cannot cooperate effectively, to the point where litigation may be required. Contested divorces can begin from many places. For instance, divorce proceedings may begin amicably and become contested, whereas in other cases, the divorce may have been rife with conflict from the very beginning. 

Whatever the case, contested divorces are often quite time-consuming and expensive. Unfortunately, contested divorces, by nature, are usually more emotionally burdensome than uncontested divorces since, in contested divorces, the tension between the divorcing parties may be palpable. While contested divorces can be resolved through mediation, a contested divorce will likely mean litigation in many scenarios. If you are facing a contested divorce, contact an experienced divorce attorney who can advocate for you and your best interests throughout litigation, should litigation be necessary in your case. 

What Are Some Common Issues in a Contested Divorce?

A contested divorce can involve various issues that can increase contentiousness. For example, when it is time for the division of parental responsibilities to be sorted out and determined, this can be highly contentious. It is easy during this time to become so consumed with wanting to be victorious over their spouse that they forget the most important thing when it comes to the division of parental responsibilities, which is determining the children's best interests. As a result, it is crucial to have an experienced attorney on your side advocating for you and your child's best interests and who understands the emotions involved in a divorce and how it can be easy for parents to become sidetracked by their own emotions when dealing with issues relating to their children and the divorce.