Posted on February 04,2022 in Annulment

It is often normal for parents to be unsure of their child’s choice in a romantic partner. However, in the state of Illinois, it may be possible to get your child’s marriage annulled if the circumstances of the marriage were illegal. A few factors can lead to marriage invalidation in Illinois. If a marriage occurred when one or both of the parties were under the age of consent or unable to consent, a parent can file for an annulment or “Judgement of Invalidation of Marriage.”

My Underage Child Got Married Without My Consent

One reason to have a marriage annulled in Illinois is if a child ages 16 or 17 got married without parental consent. The age of consent in Illinois is 17 years old, however, to obtain a legally legitimate marriage, a 17-year-old must also have parental consent documented. Lacking parental or judicial consent to marry at 17 leaves the marriage prohibited.

My Child Was Under the Age of Consent

Continue Reading ››

 Posted on February 02,2022 in Paternity

Establishing parentage of a child has many benefits. In the case of paternity, determining parentage can be difficult depending on the marital status between the parents and paternity allegations. Often, the best way to determine the biological father of a child is by taking a paternity DNA test. These are the four main reasons to take a paternity test in Illinois.

You Want the Alleged Father to Pay Child Support

Even if a father is not interested in being a part of the child’s life, he is still accountable for financially supporting the child. A mother who is interested in obtaining child support from the father of her child may need to request a DNA paternity test. By requesting the alleged father take a DNA test and prove paternity, you can ensure that he is held to his legal responsibilities.

The Father Wants Custody Rights

Courts will allow for custody rights including parenting time based on the best interests of the child in question. Typically, this encourages both the mother and father to be an active part of their child’s life. If the paternity of a child is undetermined, a parent or the court may request a paternity DNA test to be conducted. A father-child relationship can be an important bond for both the dad and the child. By establishing paternity, a father can secure custody rights to encourage involvement in the child’s life.

Continue Reading ››

 Posted on January 31,2022 in Chicago divorce attorney

Although divorce orders are final and upheld by the law, there are many scenarios that can allow for post-divorce modifications to be made. Many things change after a divorce is finalized, and often, people want to revise their existing divorce decree to better fit their new lives. Someone looking to make certain changes will have to submit a petition clearly showing the need for a modification. Speaking with an experienced divorce and family lawyer can help facilitate these modifications to a divorce order.

What Modifications Can I Make?

Post-divorce order modifications can not be made simply because they upset or inconvenience one of the parties. Although many people are unhappy with the outcome of their divorce orders, that alone would not be grounds to make significant legal changes to a divorce decree. There are, however, underlying factors that warrant a judge reviewing the divorce agreement and potentially making changes.

Continue Reading ››

 Posted on January 27,2022 in Child Support

Child support usually ends when the child grows up and graduates high school. However, if a child is disabled (mentally or physically), there may be an extension of child support payments. In the state of Illinois, child support payments are determined using the Income Shares formula. The court will determine how much each parent pays in child support based on their net incomes. However, there is another factor that determines the type and amount of child support ordered: the child’s need. By working with a family law attorney, child support can be modified or extended to support a child with special needs.

Getting Support for a Disabled Child

Child support in Illinois ends when the child turns 18 years old and graduates high school because it is assumed the child will be able to emotionally and financially support themselves. However, this is not the case when dealing with a child or adult with special needs. The non-minor child with special needs may not be able to financially support themselves into adulthood, and so the custodial parent may be required to continue providing support. In this scenario, child support from the non-custodial parent can be extended.

Continue Reading ››

 Posted on January 26,2022 in Divorce

Infidelity in a marriage can be one of the most painful experiences in a relationship. If your marraige ended because you or your spouse cheated, you may wonder how this will influence your divorce case. Illinois is considered a “no-fault” divorce state, meaning that cheating on your spouse doesn’t necessarily affect your ability to get a divorce. However, if you or your partner was unfaithful in your marriage, the outcome of your divorce may be impacted.

What is Considered Cheating?

Spousal infidelity is classified in Illinois as:

• A person knowingly engaging in an extramarital, sexual affair with a partner that is not his or her spouse

• A person knowingly engaging in a sexual relationship with a partner who is openly married

What Elements of my Divorce May Be Impacted by Cheating?

In no-fault divorce states, traditional reasons to file for divorce such as adultery, abandonment, and cruelty do not hold up as grounds to divorce your spouse. In Illinois, you can seek a divorce when you and your spouse experience "irreconcilable differences.” This means that your attempts to salvage the marriage have failed and that further attempts to save the marriage would not be beneficial for you and your children.

Continue Reading ››

 Posted on January 24,2022 in Child Support

In the state of Illinois, paying child support is an independent parental obligation. The state sees it as the right of a child to receive financial support from both parents. However, you may be able to adjust your child support obligation through a child support modification in Illinois. By speaking with a skilled divorce or family law attorney, you may be able to adjust your child support order.

Factors for Child Support Modification

Every three years, child support court orders may go under review for modification. However, this process can be expedited if there are significant changes in the child or parents’ lives. The factors include:

• Significant changes in the financial situation of the non-custodial parent (both increases and decreases to income)

• Change in the child’s care needs

• Change in the parent’s employment status

  Continue Reading ››

 Posted on January 17,2022 in Child Custody

When getting a divorce, a very important situation to figure out is determining who will have custody of the children. Whether full custody is granted to one parent or a shared child custody arrangement is put into place amongst co-parenting adults, the ultimate decision can yield quite the grueling process. The topics of child custody and visitation become even more complex when step-parents are interested in pursuing legal access to the children as well.

Who is Legally Defined as a Step-Parent in Illinois?

In Illinois, the law specifies that a step-parent is an individual who is legally married to one of the parents of the child in question. While someone may consider his- or herself a parental figure to a child, if he or she is dating the child's parent, as opposed to being officially married to them in the eyes of the law, then Illinois does not recognize said individual as a step-parent. Without an official marriage license, the partner of a child's parent cannot be considered a step-parent.

Continue Reading ››

 Posted on January 07,2022 in Division of Property

When two partners file for divorce, they can expect to face a lot of complicated questions and strenuous processes. One of the most complex aspects of getting a divorce is having to divide the assets that two spouses once shared.

From bank balances and investments to vehicles and houses, there is a lot to consider when it comes time to analyze the assets and determine who will receive ownership of which assets. One very important asset that couples are often perplexed by is inheritance.

What is Considered Marital Property in Illinois?

There are two types of property to be aware of in an Illinois divorce: marital property and non-marital property. Marital property refers to any and all assets that were acquired at some point after the marriage was official. In other words, marital property is any property that you and your spouse acquired together while married.

Non-marital property, on the other hand, is the opposite. It refers to any and all property that belonged to you prior to getting married. In order to understand whether or not an inheritance is considered property that may be divided during a divorce, it is important to understand whether inheritance is deemed as marital property or non-marital property.

Continue Reading ››

 Posted on December 30,2021 in Child Custody

Creating a shared parenting agreement is often one of the most stressful parts of divorce. Often, one or both parents believe they alone know what is best for their child and will try to minimize the other parent’s parenting time or parental responsibilities. While this can be a tempting short-term strategy, in the long run, it leads to sad and confused children and angry, burnt-out parents.

But when divorcing spouses can work together to create a parenting agreement and commit to peaceful co-parenting, it can be possible to have children share time in two households without endless conflict or stress. However, such a commitment must happen from the beginning - when the parenting agreement is being created. If you are getting divorced and want to work cooperatively with your spouse now and in the future, read on.

Continue Reading ››

 Posted on December 28,2021 in Divorce

The experience of getting divorced has evolved considerably in the last few years. Although divorce is still not easy, Illinois’ laws have changed to reflect modern family arrangements and now consider both parents responsible for providing financial support and physical care for their children. Courts have also tried to move away from high-conflict divorce litigation and often require divorcing couples to seek alternative dispute resolution strategies.

This has made it easier for parents to focus more on divorcing cooperatively rather than trying to best each other during divorce. As a result, many different professionals are now available to help divorcing couples pursue a peaceful strategy that minimizes hostility and places the needs of children first. Here are three divorce professionals who, in addition to a great divorce attorney, may be able to help you during your Kane County divorce.

Divorce Coach

Continue Reading ››