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There is a misconception surrounding divorce and divorce attorneys: many people assume that retaining a divorce lawyer is only needed if the split is especially hostile. In reality, working with a divorce lawyer can benefit you, your soon-to-be-ex, and your children even if the situation is amicable. Getting divorced involves many complex financial, legal, and practical concerns. Your attorney can help you address these concerns in a way that minimizes the negative impact of divorce on you and your wallet.
Television and movies have driven many popular misconceptions about divorce. One of these misconceptions is that working with a lawyer automatically means that your case will be unnecessarily litigious and antagonistic. This is not the case. Many divorce attorneys focus more on providing trustworthy guidance and practical assistance than stirring up conflict. If you are on the fence about hiring a divorce lawyer, consider the following benefits of working with an experienced divorce attorney:
Families come in all shapes and sizes. Some families include children from multiple parents, adopted children, half-siblings, and stepparents. The word “paternity” refers to the relationship between a father and his child. In the context of a family law case, paternity is the official declaration of fatherhood. Unfortunately, paternity issues can often become muddled by confusion, deceit, or misunderstanding. If you are a parent with questions about paternity in DuPage County, read on to learn more.
Paternity is the legal relationship between a father and a child. When a man and woman conceive a child together, the man is the child’s biological parent. However, additional steps may need to be taken to establish the father-child relationship in the eyes of the law.
In Illinois, paternity is sometimes assumed. This means no further action is needed to establish the legal relationship between the father and the child. Upon a child’s birth, the mother’s husband is presumed to be the child’s father. The father is also assumed if the couple were in a civil union or the child was born within 300 days of a couple’s separation or divorce.
Initial Post: June 19, 2015 --------- Updated January 18, 2022
When unmarried parents have a child or married parents divorce, the parents have several important decisions to make. They must address how they plan to raise the child and fulfill parenting duties. They must also determine if and when the child will live with each parent.
While the term “child custody” is still sometimes used informally, Illinois law no longer uses the terms joint custody and full custody to describe parenting duties. In 2022, the “allocation of parental responsibilities” describes how major decisions about the child’s life are made. “Parenting time” describes the time a child lives with or visits a parent.
Many parents wonder if they can get sole custody of their child instead of sharing joint custody with the other parent. Courts typically favor parenting arrangements in which the child spends time with both parents. However, it is sometimes in the child’s best interests for one parent to retain all of the parenting time or parental responsibilities.
In most cases, In Illinois, what used to be called “visitation” is referred to as “parenting time.” Similarly, “child custody” is called the “allocation of parental responsibilities.” Courts always make decisions about the allocation of parenting time and responsibilities based on what is in the child’s best interests. In most cases, children benefit from unrestricted access to both of their parents. However, issues such as addiction and domestic violence can make a parent’s home unsafe for children. Fortunately, Illinois provides several different options for restricting parenting time.
Illinois courts will only limit a parent’s rights in extreme circumstances. Some of the most common reasons for restricted parenting time include:
The parent has been convicted of domestic violence-related charges
As a business owner, the way you make a living differs from a typical “9 to 5” job. The business is more than just a source of income, it is a long-term investment that you have probably poured your heart and soul into. Protecting your business is crucial. This is one reason many business owners and entrepreneurs choose to sign a prenuptial agreement when they get married.
If you are getting married, you may be interested in learning more about the benefits of a prenuptial agreement or “prenup.” These legal tools are becoming increasingly popular for a number of reasons. Most importantly, a prenup protects business assets in the event of divorce. The divorce rate hovers around 40-50 percent, so preparing for this possibility is important for any engaged person.
In Illinois, equitable distribution laws require courts to divide marital property equitably or fair with regard to the spouses’ circumstances in a divorce. Businesses that were established during the marriage are usually non-marital property not subject to division. However, many different situations can cause a business to be considered either partially or fully marital property. For example, the non-owner spouse may be entitled to a share of the business’s value if he or she contributed time, money, or labor to the business. Through your prenuptial agreement, you can identify the business as non-marital property which is separate from the marital estate. Alternatively, you can establish each spouse’s share of the business interests and liabilities. You can also designate how any appreciation in the business’s value should be divided upon divorce. Doing this in advance can simplify divorce proceedings considerably.
If you have recently decided to get divorced, you may be unsure of what to expect. Most people have little to no experience in legal matters when they enter into the divorce process. Understandably, it can seem overwhelming. One way to prepare yourself for divorce is to learn the basic steps typically in the divorce process. Although divorce generally follows the same general sequence of events, special circumstances can change the divorce process considerably. For advice and information catered to your situation, contact a skilled divorce lawyer.
No two divorces are exactly the same. However, the basic steps in the divorce process are as follows:
Filing for divorce - In the state of Illinois, divorce is technically called “dissolution of marriage.” The dissolution process begins with a “Petition for Dissolution of Marriage.” The spouse who files the petition and initiates the process is the petitioner. The other spouse is the respondent. Illinois is now a no-fault state which means that you will not need to explain the specific reasons you are seeking a divorce. You must only assert that “irreconcilable differences” have led to the relationship’s failure.
Divorce mediation is an alternative resolution method available to Illinois residents getting divorced. In some situations, the court requires a couple to attend mediation. Although it is not appropriate in every circumstance, many divorcing couples have reached agreements about unresolved divorce matters through mediation. Read on to learn what to expect during the mediation process and how mediation may benefit you.
To get divorced, couples may need to address the division of marital property, child custody, spousal maintenance, and several other issues. Reaching an agreement on these issues outside of court is usually preferable to divorce litigation. However, many divorcing spouses struggle to discuss divorce concerns in a practical, productive manner. Understandably, years of pent-up frustration and anger can interfere with the spouses’ attempts to resolve outstanding divorce issues. This is where a mediator can help.
When a couple gets married, they have high hopes of building a life together. Few ever consider that the marriage may not work out. Unfortunately, people change, and marriages sometimes end. If your marriage has turned sour, you may want to get divorced.
Divorce is a legal process involving both spouses. Consequently, you may wonder if you can get divorced even if your spouse refuses to cooperate or sign the paperwork. The answer is, “Yes,” however, the divorce process may be challenging both personally and legally.
Some spouses cannot accept that their marriage is over. They believe that the marriage is still salvageable and that divorce is the wrong move. This can be extremely frustrating for the spouse seeking a divorce. If you have found yourself in this situation, you should know that you have options. Your spouse cannot deny you a divorce. However, he or she can drag out the process and make it more difficult than it needs to be. An experienced divorce lawyer can be a tremendous asset in a situation like this.
As a parent, it can be extremely frustrating when your ability to make decisions about your children is limited. However, laws about child relocations and moving a child out of state during a divorce ultimately exist to protect children.
If you are in the middle of a divorce and you share children with your spouse, it is important to understand the laws regarding child relocations and out-of-state vacations. If you want to take your child out of the state or out of the country, you will most likely need permission from the other parent. If you wish to move with your child to a new residence, you may need permission if the move counts as a “relocation.” Illinois law considers a move a relocation if:
You move from a home in Cook County, DuPage County, Lake County, Kane County, Will County, or McHenry County to a new residence that is over 25 miles away or outside of Illinois.
You move from a home in another Illinois county to a new residence that is more than 50 miles away or more than 25 miles away and in another state.
During a divorce case, divorcing spouses have the right to negotiate divorce issues and reach an agreement. If they cannot reach an agreement, the court will step in and make a determination on the unresolved issues for the couple. These decisions are formalized in the final divorce decree.
The terms of the divorce decree are legally binding for both spouses. However, the only thing certain in life is change, and sometimes the terms of the divorce must be modified. Read on to learn about post-decree modifications in Illinois and what you should do if you need to modify the terms of your divorce.
One of the most consequential aspects of a divorce case is the division of the spouses’ assets and debts. Property must be identified as either marital or nonmarital, accurately valued, and distributed between the spouses. Typically, property division settlements and judgments are not adjustable once the final divorce decree has been issued. However, there may be exceptions to this in rare cases.
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