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There may be circumstance that lead a couple to request that a court declare their marriage invalid. Invalidity of marriage, commonly known as annulment, is a different process than divorce. A court will only declare a marriage invalid under the specific circumstances; it is important to speak to a skilled attorney if you are interested in pursuing this option.
When is a Marriage Invalid?
Under the Illinois Marriage and Dissolution of Marriage Act, a court may find a marriage invalid if it was entered into under one of the circumstances below:
The state of Illinois now requires parents with a minor child who file for divorce to attend a class, as many children experience both short and long-term effects after a divorce. This class seeks to assist parents with helping their children during a difficult time. If you are struggling through a child custody issue with your former spouse, it is important to understand how the course may help you make this difficult process easier for your child.
What is the Parenting Class?
The Illinois Supreme Court Rule 924 requires all parents to complete a four-hour parenting course after a divorce or paternity case is finalized. The course seeks to educate parents about the ways their children may react to divorce issues like visitation and custody arrangements. The course also provides information so that parents can help their child adjust to life after divorce. The class teaches parents how to recognize when young children express emotions like anger, sadness and confusion..
The Illinois Marriage and Dissolution of Marriage Act requires couples to value and divide property before a court will grant a divorce. Oftentimes, a divorcing couple is able to sit down and figure out who gets what, and divide property. Sometimes this just not possible because of a dispute, refusal to compromise, or complex issues regarding the ownership or value of property. These tedious and emotionally charged disputes can leave a divorcing couple feeling frustrated and exhausted.
Fortunately, there are several different ways you and your spouse can help expedite the process of valuing and dividing your personal property, including:
There is never really a good time to divorce. However, it may be especially rough for a couple that decides to divorce as their children become teenagers and young adults.
Parents will need to make important decisions regarding their teens and their divorce. If the children are closer to college age or even the planning stages, there are key issues that a couple will want to consider as well.
Who Gets the College Savings Account?
A couple may have jointly started a 529 savings account for their child in order to save money for their child's college education. Like any other joint asset under Illinois law, the account is owned by both parents and it will be awarded to one parent, or the account will be split between the couple. Before making the decision about how to deal with the the account, parents should remember that they will no longer have a say in how the account is used once the divorce is finalized. It is also important to remember that a 529 account can be counted as household income when the child applies for financial aid.
By now most Illinoisans know that starting January 1st, 2016, Illinois family law received a substantial facelift. “Legal custody” is a familiar legal concept that is being overhauled as part of the Illinois lawmakers’ efforts to modernize Illinois’s family law. The progress of cases in 2016 will help Illinois lawmakers determine whether these changes to how a court determines child custody will benefit Illinois families or further complicate already complex child custody determinations.
Legal Custody vs. Child Custody
Legal custody and physical custody are similar concepts. Physical custody determination decides with which parent a child should physically reside; legal custody decides which parent will make important decisions about a child’s upbringing and well-being, such as educational, religious, medical, and other important decisions.
When your child has been removed from your care, it can be difficult to determine what steps to take next. It can also be difficult to regain child custody and have your child returned to you. If your child has been removed from your home, then you may feel powerless and angry. While these feelings are normal, you should also be aware of your legal rights.
What Can I Do to Help Get My Child Back?
First, you need to make sure that you give the court all of the information it needs. This can be hard when you are worrying about your child. Also, you should begin working on every aspect of your life that will help you get your child back. Additionally, if you want to have your child back, then start coordinating with the court, your case worker, and your lawyer to begin working towards getting your child home.
Every parent has the right to decide how their children are raised. Parental rights are fiercely protected by the law. Parental rights also come with parental responsibilities. If a birth parent has decided to place a child up for adoption, then both parents must give up these rights. Giving up parental rights, or consenting to an adoption, is an important and critical legal step for biological parents. If you are making the difficult decision to place your child up for adoption, you will need to understand the full impact of consenting to your child’s adoption.
Requirement for Consenting to Adoption
When parents consent to an adoption, the parents give up both their rights and responsibilities. Illinois provides two different ways for parents to consent to an adoption:
Specific Consent to Adoption: A parent may specifically provide consent for the person taking care of his or her child to adopt the child. This type of consent requires DCFS to approve the designated parent. A specific consent, or direct consent, is only valid for the selected adoptive parents.
When a minor is emancipated, there is no turning back. Emancipation makes a minor a legal adult. This means that a minor is not entitled to support from his or her parents. However, there are some cases where a court may order parents to support a partially emancipated minor. Minors and their parents should make sure they have considered the full impact of emancipation on their family, as emancipation will have important effects on a minor’s future decisions.
What Does Emancipation Allow?
Emancipation gives a minor the right to make decision that would normally be granted to an adult. Once a minor is emancipated, the minor will be able to:
Understanding divorce and the associated timeline can be confusing. However, it is important that you respond to request from the court and show up for court when you have a hearing. If you do not appear at hearing related to your divorce, it is possible that a court may decide to enter a default judgment against you in the divorce proceedings. When the court enters a default judgment, this means that the court has decided that you did not properly respond or participate in your divorce proceedings. If the court believes you have not properly responded, the court will make a judgment in favor of your spouse.
Once a court enters a default judgment entered against you in your divorce, you need to respond quickly. There is still time to protect your rights and interests that were not addressed by the judgment. It may even be possible to have your default judgment vacated. However, whether this is possible depend on the reason you were not able to appear in court.
The concept of property division and divorce are familiar to most Americans. Using the Illinois Marriage and Dissolution of Marriage Act, a court will divide property between a divorcing couple in a fair and equitable manner. Dividing a business is much more complicated than dividing a car or the value of a home. Determining the value of a business is further complicated by the fact that the value of a business may fluctuate over time, increasing or decreasing in value at any point in time. If your spouse owns a business, how will an Illinois court value the business upon divorce?
Is a Business Marital Property?
A court will first attempt to determine whether the business is marital property. If your spouse started the business before the marriage and the profits and assets are kept separate from other marital assets, then a court is likely to find the business is not marital property. This means that your spouse’s business will not be divided between the spouses. On the other hand, if your spouse started the business during the marriage, and business deposits/withdraws funds from a joint account, or if business profits are used to pay common expenses, then a court may view the business as marital property and subject the property to division.
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