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Adoption is a beautiful thing. You are choosing to take on a child who is not biologically your offspring and promising to love them as if they were. In Illinois, there are four different types of adoption. Which one you choose is entirely dependent on your situation, circumstance, and preference. A family law attorney can help prepare you for legal adoption so that you can navigate the complexities often associated with the process.
Related adoptions are where the adoptive parents are already related in some way to the children being adopted. Stepparents looking to adopt the child of their significant other will want to select related adoption. Other related adoption candidates may include biological siblings and grandparents.
Most adoptions that people are familiar with often involve minor children. However, adult adoption is when a petitioner wishes to legally adopt a child who is older than 18 years of age. Instead of the need for the biological parent’s consent, as is required in related adoption, the adoptee will need to provide consent. If the petitioning parent is not related biologically, the adult child must have resided with the petitioning parents for at least two years before an adoption can occur.
Restrictions can be imposed on parents who have a history of, continue to engage in, or threaten domestic violence to other members of their household. The restrictions can include the allocation of significant parental responsibilities, which could have the alleged abuser receiving supervised parenting time, limitations on child rights, or a complete revocation of parent-child interaction until a judge deems them no longer a threat to a child’s well-being. A skilled attorney with experience in family law is perfect for providing necessary instruction on where you can seek help while representing you during trial.
Courts determine parental responsibilities based on the best interest of the child. One of the factors a judge will consider is a parent’s history of abuse against the child or other members of the household. Illinois law finds domestic violence to be considered abuse and, as such, is weighed into the final decision on significant decision-making responsibilities and parenting time. However, abuse is only one factor in a long list of factors a judge can use to determine a child’s best interest.
Social media is paramount to many people’s lives in the digital age. It helps you stay connected to family and friends, allows you to network with colleagues and peers, and offers a place to post silly images of cats wearing bread helmets. However, during a divorce, social media can work against you if you are not careful. A knowledgeable attorney can provide all the necessary information to help guide you through your situation.
Posting the wrong thing at the wrong time can have legal consequences. Boasting about purchasing something expensive or displaying images of you partying and drinking could lead to financial issues and impact your future relationship with your children.
Your spouse’s attorney can use social media to their advantage by digging up older images or posts as evidence of being an unfit parent or just to make you appear in a less favorable light. Social media can also cause problems already apparent in the marriage much worse. Issues of jealousy, abuse, or mistrust can be pulled from images to point the finger at you.
Every pet owner will, more often than not, consider their pet one of the family. However, in the case of a divorce, the family dog is seen as more like marital property. Thankfully, the Illinois Marriage and Dissolution of Marriage Act does provide some provisions for custody regarding companion animals. A divorce lawyer can review this and more with you during the consultation.
Marital property and marital assets are property you and your spouse have acquired throughout your marriage. Even things solely in your name alone, if created, received, or acquired during the marriage, are then subject to division in court. The only exception is gifts or inheritance received specifically awarded to one spouse. This is considered personal property. So long as no personal assets are commingled with marital assets, it can remain the owner's sole property even in a divorce.
Spousal maintenance can be modified at the discretion of an Illinois judge should they find that a substantial change of circumstances has occurred after the original order was entered. Depending on the judge’s assessment, the amount can be increased, decreased, or terminated. A skilled lawyer can help you determine if modifications to spousal maintenance are possible.
Typically, only three major situations will terminate currently court-ordered spousal maintenance: Cohabitation, getting remarried, or death. Any of these three to terminate spousal support payments will require having a motion to terminate maintenance filed with the court. Here is what those situations mean:
Both parents have financial obligations to their children. The non-custodial parent is legally required to continue supporting their children with the court-appointed amount of child support. Failure to do so can result in wage garnishment, contempt of court, a driver’s license suspension, and a possible criminal conviction. To avoid these penalties, you must continue to pay what is owed. It can also be beneficial to bring in an experienced divorce attorney to help modify court-ordered child support if you are having difficulties making timely payments.
An employer can withhold a certain amount of your earnings to pay back child support. Doing this would require the owed parent to enter a request through the Illinois Department of Healthcare and Family Services Division of Child Support Services (DCSS). The employer must withhold the requested amount or be liable for the accumulated amount that should have been withheld.
No two cases for the allocation of parental responsibilities are exactly alike. Each is unique in its way, and as such, the outcomes will vary. Though there are consistencies among cases, there are also many misconceptions about how the results of some cases come to be. An attorney experienced in divorce and parental rights cases can better help you understand the truth and cut through the endless array of myths.
A postnuptial agreement is not unlike a premarital agreement, with the key difference being that it takes place during a marriage rather than before. Postnuptial agreements have increased in popularity in recent years and are a great way to secure assets in the event of a divorce. An attorney experienced in postnuptial agreements is a solid investment when the time comes to draft one yourself.
It is not uncommon for a couple to want to define their property rights should a divorce occur. Illinois law states that marital assets must be divided fairly and equitably between a divorcing couple. This means that you could see property that you think belongs to you, split between yourself and your soon-to-be ex-spouse in a divide you may not think is fair. Postnuptial agreements can put the divide in the hands of you and your spouse. One can act as a safety net against future property division in divorce cases.
“Everything was great, then out of the blue it all changed.” How often have you heard this uttered from divorced couples’ mouths? Individuals such as these never imagined or saw how imminent their divorce was until it was too late. Perhaps you are in a similar situation or feel that things have started to change for the worse in your marriage. You are not alone. Couples are divorcing more and more every year and one of the major things to blame is not noticing the early warning signs.
A marriage is meant to be sacred and binding. However, not every married couple goes on to live happily ever after. With divorce being more common now than ever before, it is important to consult a divorce attorney to assess your situation and make sure you come out of it better in the end.
Disagreements, obstacles, and challenges are just some of the things one should expect when entering the covenant of marriage. It is when communication breaks down, disrespect becomes a long-standing pattern, and intimacy falls by the wayside that you should begin to worry.
A parenting plan outlines how two parents will share the responsibility of raising their children after divorce or separation. They are important because they can help to reduce conflict between parents and provide stability and consistency for children. They are also necessary as part of a divorce decree including minor children.
When choosing a lawyer to help you with your parenting plan, it is important to choose one with experience handling divorce and child custody cases. You should also feel comfortable with whom you choose and trust them to represent you and your child’s best interests.
Illinois law requires parents to decide on who has decision-making responsibility over a child. The responsibilities include a child’s health care, education, and religious upbringing. Parenting plans must also include a parenting time schedule describing the division of the children's time between the parents. This may include a weekly schedule, a holiday schedule, and a summer vacation schedule.
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