Posted on March 16,2023 in Paternity

Equal treatment is essential when it comes to American law. Married and unmarried parents both have the same parental rights and obligations. When people have children while unwed, things can become complicated if they decide to end their relationship. Enforcing these rights and responsibilities can add to the situation's complexity. No matter the case, Illinois laws are made to look out for the child's best interest.

What Happens When Unmarried Parents Decide to Part Ways?

Unmarried couples typically live under agreements in which they decide upon themselves. If they choose to part ways, then they must establish paternity. Similarly, they should also decide on child custody and support issues. Unmarried couples do not have the same rights as married couples. When married couples get divorced, their marital property is equitably distributed between them. However, being unmarried means that these couples will need to decide what is ultimately in the best interest of not only themselves but their child.

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 Posted on March 09,2023 in Divorce

If you and your partner decide that the best way to go forward is to get a divorce, your biggest fear may revolve around how difficult and taxing the process will be and potentially become. While it is true that many divorces become stressful and complicated, if both parties are willing and able to cooperate and negotiate, you can reach a resolution that satisfies both parties. For parties to get an amicable divorce, they should approach it in a way that prevents any future conflicts from taking over.

Ways To Reach an Amicable Divorce

Being able to have an amicable divorce relies on the behaviors of both parties. Here are a few ways that can make an amicable divorce more likely:

• Couples therapy - In most cases, couples will attempt couples therapy before deciding on a divorce, but if, even after the decision, both parties are willing to attend couples therapy, it could save the marriage. If not, couples therapy can help the parties better understand each other's needs and wants for the future.

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 Posted on March 07,2023 in Parental Rights

Under Illinois law, if you are the biological parent of a child but do not have parental rights for that child, you may want to consider filing for the allocation of parental responsibilities. If married to the parent with sole guardianship of the child, you are entitled to parental rights. However, if you are not married to this parent, you will have to obtain parental rights from the court and prove that it would be in the child's best interest for you to have parental rights. A judge will consider many things when deciding whether to allow this. A judge will focus most importantly on what is best for the child but will consider the wishes of both parents as well—considering financial and health benefits or disadvantages, as well as if there is any potential for abuse or violence by granting parental responsibilities.

Requirements for Parental Responsibilities During a Divorce

Seeking parenting during a divorce requires parents to attend a parenting class. This class's primary focus is on teaching parents how to avoid hurting their children during their divorce. Both parents must complete this class within two months after being ordered by a judge. Once accomplished, a judge will make the ultimate decision.

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 Posted on March 01,2023 in Spousal Support

Alimony, which is referred to as spousal maintenance in Illinois, is financial support that may be granted to an ex-spouse who cannot fully provide for their own needs. If an ex-spouse makes a lower income, or in some cases no income at all (for example, a stay-at-home parent), they may be entitled to support from their former partner. The Illinois Marriage and Dissolution of Marriage Act details the criteria that may determine when alimony may be awarded. There are four different types of alimony that may be available in a divorce:

Temporary Alimony

Temporary alimony is financial support granted to one spouse while the couple’s divorce is pending. This support is intended to cover a spouse’s living expenses, and it is typically awarded in situations where the parties have decided to no longer live together during the divorce. Temporary alimony ends once the divorce is finalized, and if necessary it may be replaced by a more permanent form of spousal support..

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 Posted on February 28,2023 in Child Custody

When determining how to handle issues related to child custody in the state of Illinois, parents are usually encouraged to attempt to share custody. Parents can work together to create a parenting plan that fully details all of the legal and physical custody decisions for the child. If they are unable to negotiate terms that they both agree with, then they may be required to participate in court-ordered mediation. In these situations, a certified mediator will help the parents communicate, negotiate, and attempt to find agreements that will work for both of them.

If disagreements cannot be resolved through mediation, then the court will make the ultimate decision. These decisions will address both physical and legal custody. Legal custody, known as the allocation of parental responsibilities, determines how parents will make the major decisions in the child’s life. Physical custody, known as parenting time, will determine when children will spend time with each parent in their day-to-day life. When how legal and physical custody of a child will be divided between parents, the court will first and most importantly consider the best interest of the child. Several different factors will be considered when making these decisions.

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 Posted on February 20,2023 in Family Law

The termination of parental rights is a major decision and should not be taken lightly. In some cases, parental rights are surrendered voluntarily, while in other instances, the court makes the decision that a biological parent is unfit to maintain their parental rights. Typically, termination of these rights can be decided during an adoption or juvenile case. There are multiple ways in which a court may determine if terminating a parent’s rights is in the best interest of the child.

How Does a Court Determine a Parent to be “Unfit”?

Nearly everyone has different parenting styles and beliefs when it comes to raising a child. However, some parents may be neglectful or abusive toward their children. In these cases, a court may determine that they are unfit to continue parenting their child or children and terminate their parental rights. Some of the factors that may contribute to parental rights being terminated include:

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 Posted on February 14,2023 in Family Law

Protection orders are court orders that are placed with the intention of protecting an individual or individuals from an abusive person in their household or family. These orders are governed under the Illinois Domestic Violence Act (IDVA). Originally passed in 1982, the IDVA brings legislative recognition to the gravity of domestic violence by providing a wide range of protection to victims. We will be discussing three different types of protective orders: civil no-contact orders, orders of protection, and stalking no-contact orders.

Civil No Contact Orders

A civil no-contact order requires that a person who has committed sexual assault or abuse stay away from the person they assaulted. Any person who is a victim of non-consensual sexual conduct or penetration is eligible to petition for a no-contact order, regardless of age, blood relation, or romantic interest. If you are a minor or an adult with health issues that prevent you from filing yourself, you may have a parent or trusted adult file on your behalf. Filling out this petition may require someone to share details or proof of the assault. Additionally, an advocate at your local rape center can help with filling out this petition.

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 Posted on February 10,2023 in Order Modification

Going through a divorce is a difficult and taxing process. After completing the stressful divorce process, a person may hope to finally be able to put this experience behind them. However, there are situations where issues related to divorce may arise later. Divorce settlements strive to address the current and future needs of the parties involved.

There is, however, consideration for parties to make modifications that may be necessary over time. Family and financial circumstances often require renegotiation at certain times to meet present needs. This follows if one of the parties does not fulfill the terms of the divorce settlement. In this case, the other party needs to pursue legal options for enforcement.

Modifications

In the state of Illinois, either party is allowed to petition the court to make changes to existing family law orders related to concerns such as child custody, visitation, child. support, or alimony. These orders can be modified when it is necessary divorce orders, but for the court to grant these modifications, the party requesting these changes must have a valid reason for wanting to make these changes.They must prove that there have been significant long-term changes in the life of one or both parties, including;

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 Posted on February 07,2023 in Division of Property

When people get divorced, most assume that they will have to divide their assets. However, many do not fully understand the rules and procedures for doing so. The good news is that with help from a qualified attorney, the process can be relatively straightforward in many cases.

Asset Division Considerations

The first step to dividing property is determining what is marital property and what is separate property. Separate property is defined as assets that were accumulated by an individual before the parties were legally married. Marital property includes assets and debts that have been accumulated by one or both parties during the marriage, with limited exceptions for gifts and inheritances.

Examples of property that could be considered marital include:

• Homes
• Vehicles
• Household Items
• Savings Accounts
• Investments
• Life Insurance

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 Posted on January 31,2023 in Parenting Time

In Illinois, visitation is now called “parenting time.” Courts typically assume that it is in the child’s best interest for them to spend quality time with each parent, as long as this poses no risk to the child’s safety and well-being. However, there are also situations in which the courts may place conditions on parenting time, such as requiring a parent to abstain from drugs or alcohol prior to and during parenting time.

Who Has a Right to Parenting Time?

The biological parents of a child typically have the right to spend time with that child. However, if unmarried parents have a child together, a parent may need to establish parentage before gaining parental rights. For example, if an unmarried woman gives birth, the father must establish paternity before he gains the right to petition the court for parenting time and parental responsibilities. Parentage or paternity may be established through a Voluntary Acknowledgement of Paternity (VAP) document, an administrative process through the Illinois Department of Health and Family Services, or a judicial process through the court.

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