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630-580-6373630-580-6373The 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.
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.
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.
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.
Illinois spousal support laws were created in order to make sure a divorced spouse does not suffer from a decrease in their standard of living because of the divorce. It is not uncommon for only one spouse to be working actively and financially supporting both parties. In the event of a divorce, it would be very difficult for the unemployed spouse to quickly find a job capable of supporting their normal lifestyle. Spousal support seeks to make sure that the divorced spouse can ease their way back into a suitable standard of living without any detrimental lifestyle changes.
Contrary to what many people may think, the husband is not automatically the one who must pay spousal support. Many former wives also pay spousal support, and it is unconstitutional for any state to hold that only a husband can pay and only a woman can receive spousal support.
In Illinois, the courts do not consider marital misconduct when settling the amount of alimony. They refer to other factors which include, but are not limited to, the following:
In this modern day and age, having sex out of wedlock is more and more common. Usually, nowadays, when two people get married, they have already had sex either with each other or with other partners. It is also becoming increasingly common to have children out of wedlock and because of that, the father is not always known for sure. If the father of a child is not known, there a few tests that can be taken to determine who it is. You first must determine when the test will be conducted: before or after the child is born. Here are some options for paternity testing from the American Pregnancy Association: 
If you choose to perform the test before the child is born, your options include:
The Department of Children and Family Services (DCFS) of Illinois is primarily responsible for all adoptions that occur in the state. If you or someone you know is considering adoption, the most important first step is to seek the counsel of a qualified family law attorney. Not only will a lawyer be able to guide you through some of the more complicated processes, he will be able to help enroll you in some of the services DCFS offers. According to their website, the DCFS is “committed to ensuring a smooth transition as you grow your family through adoption or guardianship, and DCFS offers a range of supports to families depending on your needs.” This kind of assistance includes (but is not limited to):
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