Recent Blog Posts
Will I Be Stuck Paying For My Ex’s Debt in an Illinois Divorce?
There are many reasons why divorce can be a complicated process. Some couples have an especially acrimonious split and the path toward drafting their divorce settlement is full of spite and anger. Every decision brings a fresh round of arguments. Some couples decide to get divorced because they were not compatible as a couple but they might still care for and appreciate each other. Even so, the emotions and disappointment they might feel can make the process unpleasant.
The specific matters that need to be settled in a divorce can also make it difficult. Spouses need to agree on several issues like who will stay in the family home, what will happen with their life insurance policies and retirement funds, and what sort of spousal support arrangement they will have. One of the more complicated issues that need to be settled in a divorce is what will happen with debt. There is no one way to settle this that can apply to all couples because everyone’s circumstances are different. If you are headed toward divorce but are worried you will end up being responsible for your ex’s debt, a knowledgeable Cook County, IL debt distribution attorney can help shed light on this topic.
Should I Consider Mediation for My Illinois Divorce?
No two people are the same. And therefore, no two marriages are the same and no two divorces are the same. Different arrangements work for different people. Some feel so hurt and offended by their soon-to-be ex-spouse that there is no option other than a contentious divorce in court. Others recognize that they do not make sense as a married couple but still appreciate each other and, if they have children, would like for their child to feel safe and secure in either parent’s home.
If the second category sounds more like you and your spouse, mediation might be a good choice for you. It is generally much quicker and less expensive than the alternative. If you and your spouse are considering divorce but neither of you wants to fight it out in court, a knowledgeable Chicago, IL divorce lawyer can guide you through this decision.
Reasons DCFS May Take Your Children
Your children’s welfare is a paramount concern to the state of Illinois. Things like physical violence, neglect, or inadequate care are only some reasons that the Department of Child Protective Services (DCFS) may choose to take your child from their home. When under investigation by DCFS, do not hesitate to contact a DCFS investigations attorney to help safeguard your rights and keep your children with you where they belong.
When DCFS Comes For Your Children
A DCFS caseworker with an authorized court order is allowed to remove your child or children from the home. An emergency removal is also possible if the caseworker believes there is a reason that such an emergency warrants one.
DCFS caseworkers must have a reasonable cause for removing a child from a home without an authorized court order. A reasonable cause would be one of the following:
Why Establishing Paternity is Good For Both Parents
Illinois law does not automatically acknowledge a child’s biological father as the legal father if a child’s parents are not wed. Instead, fathers looking to be acknowledged as the legal father of their children will need to establish paternity. Establishing paternity can protect a father’s rights to his children and provide either parent with the financial support he or she may need. An attorney can go over the finer points of how to establish paternity for your family.
The Benefits of Establishing Paternity
Establishing paternity has many benefits for parents wanting to create and maintain a parent-child bond. Establishing paternity may involve the following for the father:
-
A legal relationship between the father and child
-
Allows the father to take trips and travel with their child
Why A Legal Separation Might Be Better Than Divorce
There are potential advantages to choosing a legal separation over a divorce, most of which are financial and could be a good reason to remain legally married. Whether you prefer a legal separation or something more permanent like divorce, a skilled and experienced attorney can provide the advice and resources needed to navigate the legalities of the entire process.
What is the Difference Between a Legal Separation and a Divorce?
The primary and only relevant difference between the two is that in a legal separation, you are still considered married. Most important legal issues, such as child support and marital property division, are still addressed before a separation is finalized.
What Makes a High Asset Divorce So Complex?
In Illinois, all assets must be divided fairly and equitably among spouses. Complex property arrangements in a long-lasting marriage can make property division difficult once one spouse decides to file for divorce. Complicated finances weaved throughout a marriage can often contribute highly toward the complexity. An experienced divorce attorney understands the complexities and can help you navigate them during the divorce proceedings.
What Assets Are Commonly Involved in a High Asset Divorce?
Over the course of years, a marriage can accumulate an extensive collection of valuable assets that can often be difficult to divide during a divorce in a way that sees both parties happy. Many different assets can be considered high value to the couple and the court. Couples with significant assets are likely to include:
Relinquishing Parental Rights For Related Adoption
Making the hard decision to give up parental rights is something that requires careful thought. A parent going through substance addiction or battling depression may not be the best fit for a child, no matter how much they are loved. In cases like these, it may often be the best course of action to seek related adoption with a family member willing to take the children in as their own. Before you consider giving up your child to a relative, educating yourself on the potential complications and working with an attorney experienced in these matters is important.
What is a Related Adoption?
Related adoptions must consist of one adoptive parent who is a blood relative or related to the child through marriage.
How Courts Determine Child Custody Rights in a Same-Sex Divorce
As society evolves, so too does the definition of family. Same-sex marriages are now recognized and protected by law in many parts of the world, including Illinois. Parental responsibility matters come to the forefront in a same-sex divorce as they would in any other divorce case. Illinois prioritizes the best interests of the child when determining parental responsibilities and rights.
Illinois recognizes various legal avenues to establishing parenthood. The court emphasizes the child's best interests in parental responsibility allocations. Consulting an experienced divorce attorney can be invaluable in navigating these complexities. It can also help to ensure that the child's well-being remains at the forefront of the legal process.
Parental Responsibilities
Determining parental responsibilities requires the recognition of at least one legal parent under the Illinois Parentage Act. In a divorce, parents either agree on a parenting plan or the court decides one for them.
What Happens to My Children in a Legal Separation?
One of the most important concerns in a legal separation is figuring out what will happen to your children. It is important to put your children first and work together with your spouse to create a plan that is in their best interests. Failure to do so may require going to court to get a judge’s decision on child support and parental responsibilities. This can be a difficult process, but it is important to remember that the judge will make decisions based on your children’s best interests.
If you are considering legal separation in Chicago, it is important to speak with an experienced divorce and family law attorney. They can be an invaluable asset in helping you understand your legal rights and options and can represent you in court throughout the process.
Parental Responsibilities
One of the most important issues to be decided in a legal separation is determining who will be granted parental responsibilities for their children. There are two main responsibilities to consider: decision-making and parenting time.
Is Emotional Abuse Considered Domestic Violence?
In Illinois, emotional abuse is considered domestic violence if it is used to control or intimidate the victim. The abuser can be charged with a crime, even if they do not physically harm the victim.
Emotional abuse is a form of domestic violence that is often overlooked. It can be just as damaging as physical abuse, and it can have lasting effects on the victim's mental and emotional health.
Has someone caused emotional harm to you or someone you know? If you feel as though you are experiencing emotional abuse, there are many resources available to help you. The best option to handle legal matters in Illinois would be a domestic violence attorney.
What Constitutes Emotional Abuse?
Domestic violence is a pattern of abusive behavior that a person uses to control another person in an intimate relationship. It can be physical, sexual, emotional, or financial. Emotional abuse can take many forms, including: