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It is possible for a marriage to be considered invalid under the Illinois Marriage and Dissolution of Marriage Act. When this is the case, a couple may end their marriage through a process known as annulment. Annulments are different from divorces for multiple reasons, the most important of which is that a couple's marriage must somehow violate the laws outlined in the Illinois Marriage and Dissolution of Marriage Act.
It is important to contact an experienced divorce attorney to begin the annulment process. Annulments, like divorces, must go through the court system and be finalized by a judge. The process of completing an annulment is known as nullification.
The fundamental difference between a divorce and an annulment is simple: when a couple gets divorced, they complete the legal process of ending a valid marriage. The couple is eligible to divide their jointly-owned property and the lesser-earning spouse may seek spousal maintenance from his or her former partner. With an annulment, the couple's marriage is legally considered to never have happened. This precludes the couple from dividing their property and seeking spousal maintenance in many cases.
If you are currently working through the divorce process, you will likely have to work out a fair division of your shared property with your spouse. This is because, under the Illinois Marriage and Dissolution of Marriage Act, Illinois is an equitable distribution state, rather than a community property state. In an equitable distribution state, the court must determine a fair way to divide property between divorcing spouses, rather than a completely equal one.
Property division can only work when the court has a clear picture of the divorcing couple's complete net worth. When an individual hides some or all of his or her assets to avoid sharing them through a divorce, these assets are known as hidden assets. The process through which a spouse may have his or her former partner's hidden assets brought to light is known as discovery.
Paternity is defined as the legal relationship between a father and child. When a married woman has a baby, Illinois law automatically considers her husband to be the father of the child. However, if the husband believes that he is not the father of a child, he can sign a Denial of Paternity form.
On the other hand, the father of a child born to an unmarried mother is called an “alleged father,” until his paternity is established. Even if the parents are engaged or living together, a legal process must be followed to make his paternity official.
Establishing paternity provides an important legal foundation for one of the most important relationships in a child’s life. After establishing paternity, the father’s name can be added to his child’s birth certificate. Among other benefits, establishing paternity can protect the father’s rights as a parent, enable the father to access important family medical information, and secure support from the father, in the form of child support, Social Security contributions and inheritance.
Watching your parents grow old is never easy, but it is especially difficult when they are having trouble caring for themselves. If one of both of your parents are aging, but have refused your help in caring for them, you may want to consider trying to become their guardian.
Becoming the legal guardian of an adult is a lengthy and complex process, because courts take the best interests of the person over whom guardianship is sought very seriously.
Relevant Laws
Under the Illinois Probate Act, disable adults can have guardians appointed for them, following a hearing before a judge. For purposes of the Act, a disabled person is anyone who is “not fully able to manage his person or estate.” A doctor’s assessment is needed in order to declare a person disabled.
Usually, when a couple with children divorces, a custody order is issued by a judge as part of their marriage dissolution process. Yet, if you were never married to the father of your child, and you are now separated, it is very likely that there is no formal custody agreement. However, this does not necessarily mean that both parents have joint custody rights. If your ex is trying to take your child from you, you should seek immediate help from an experienced child custody lawyer.
In most cases, if your child has been living with you, you are automatically considered to have legal custody. You do not need a court order saying that you are the custodial parent. Even if your child’s father has had his paternity legally established, either by voluntarily signing an agreement, or by being proven to be the father in court proceedings, this does not mean that he has custody of your child, even jointly.
NOTE: As of July 2017, the law governing child support in Illinois has changed. Please see our Child Support page for more information.
In the state of Illinois, court-ordered child support is usually collected through your employer. The paycheck that your employer gives you will already have the garnishment taken out of it. If you are supporting one child, 20 percent of your pay will be withheld, and if you are supporting two children, 28 percent will go to them. For three or more children, the proportions of your pay that are garnished increases, up to a maximum of 50 percent.
Garnishment for Debts on Top of Child Support
If you have any additional debts, such as medical bills, that a collector is trying to recoup through garnishment, it is unlikely that your employer will be able to further garnish your wages. Even if they have been served with a garnishment order, they must coordinate garnishments, and cannot exceed the cap set by Illinois’ Income Withholding for Support Act. Garnishments cannot exceed 15 percent of your gross pay, or 15 percent of your net pay over $371.25 per week (whichever amount is less). This means that if your take home pay is less than $371.25, your wages cannot be garnished at all for non-child support payments.
There are many reasons why a parent might wish to change the conditions of his or her visitation order. Some of the most common include a change of schedule, preventing the parent from taking advantage of the originally scheduled visitation times; a move to another location, further or closer to the place where the other parent lives; failure of a parent to follow the schedule; or a choice to not visit the child.
Under Illinois law, existing visitation orders can be changed at any time. The primary consideration for a judge, who will review your request for a modification, is whether the change is in the best interests of the child. A child’s best interests can be determined based on the desires of the child, the preferences of one or both parents, the strength of the parent-child relationship, the mental and physical health of the parents and child, and countless other factors.
Premarital agreements, often call prenuptial agreements, are contracts entered into by two people planning to be married. Although the agreement does not take effect until marriage, it must be prepared and signed well in advance of the wedding.
With the increasing prevalence of divorce, more and more couples are choosing to record their intentions in this way, especially if they are marrying later in life, when they have built up more assets, or if they have been married before and have children from a former union, whose inheritance they wish to keep intact.
The Elements of a Binding Premarital Agreement
Most premarital agreements spell out the assets and debts of the spouses-to-be, and set a plan for how property will be shared once they are married, and later, if they are separated through death or divorce. Often, a premarital agreement will address whether alimony or maintenance will be paid by either spouse in the event of a divorce.
Are you planning a trip with your child that would take you beyond state lines? If you are separated from your child’s parent, and you have a custody agreement, there are a few steps that you must take before you can depart.
First, you are obligated under Illinois family law to inform the other parent any time you travel out of the state with your child. You should share information about the length of the trip, where you will be staying, and how you can be contacted.
If the other parent is notified and agrees, you may take your child out-of-state for a short trip or vacation. However, if they do not agree, you would have to get permission from a judge, called an Order of Removal.
Moving Out of State
If you plan on leaving Illinois permanently to move to another state or country, you will need to get an order from a judge, even if the other parent agrees. However, if you and your ex agreed to allow your child to be removed from Illinois when you signed your marital settlement agreement, this permission will apply to the present circumstances, and you will not need new permission from a judge.
If you and your husband or wife have separated, and your ex is claiming that you need to help pay his or her bills, beware. Under Illinois law, you are liable for any family expenses incurred by your spouse before you separated. On the other hand, once you are divorced, you cannot be held legally responsible for new expenses that your ex-husband or ex-wife incurs. However, if you are separated but not divorced, any bills that your spouse owes could become your responsibility.
Types of Bills you Could be Liable For
The Illinois Rights of Married Persons Act makes spouses liable for “the expenses of the family and of the education of the children.” Even if you did not agree to an expense, authorize it, or even know about it, you can be held accountable for it, as long as it was incurred for the benefit of the family.
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