Posted on October 19,2023 in Family Law

It may be a hard pill to swallow, but grandparents do not have inherited visitation rights to a child. In fact, if a parent were to deem a grandparent a danger to their child, they could prevent that grandparent from interacting with the child. The rights of grandparents are not governed by federal law. As a grandparent in Illinois, it is always a good idea to fight for your rights to your grandchildren by consulting an experienced family law attorney.

When Do Grandparents Have Visitation Rights?

Grandparents’ rights are limited in Illinois. A grandparent can only be granted legal visitation rights to their grandchildren through court-ordered visitation. A child must reach the age of one year before a grandparent can petition for legal grandparent visitation rights. Before one year old, birth parents can choose to keep grandparents from visiting or interacting with their children.

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 Posted on October 16,2023 in Spousal Support

Spousal maintenance or support is the official Illinois terminology used for alimony. It is awarded after a divorce so that each spouse continues to maintain the standard of living they were living while married. In most cases, spousal maintenance does end, and the duration is largely based on the length of the marriage.

Maintenance payments are calculated by taking 33 percent of the payer’s net pay and subtracting 25 percent of the recipient’s net income. Consulting a skilled divorce attorney can help you figure out what you might owe or are owed in spousal maintenance.

What Are the Different Types of Illinois Spousal Maintenance?

Illinois recognizes five variations of spousal maintenance that the court can award:

• Temporary
• Fixed-Term
• Fixed-Term Reviewable
• Permanent
• Lump Sum

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 Posted on October 11,2023 in Child Custody

A child’s best interest will always come into play when a judge decides on parental responsibilities. When one or both of a child’s parents engage in recreational substance abuse, the judge can deem them unfit to make decisions on the child’s behalf. The response could see parental responsibilities and parenting time revoked or lost altogether.

Individuals with a substance abuse problem can exhibit unpredictable and erratic behavior. Your child should not have to endure such a dangerous environment. Get help for your child by consulting a child custody attorney as soon as you notice habitual drug abuse in your ex-spouse.

What is Substance Abuse?

Drug addiction, or substance abuse disorder, is a disease that affects an individual’s cognitive behavior and can potentially lead to uncontrollable use of drugs, either legal or illegal. Alcohol, prescription drugs, nicotine, illegal narcotics, and even caffeine are considered substances in this regard.

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 Posted on October 06,2023 in Aurora Family Law Attorney

Yes, the terms of a prenuptial agreement (prenup), or premarital agreement, can be changed or revoked in Illinois. However, certain requirements must be met for changes to take place.

When considering changing your prenup, it is important to consult with an attorney. A divorce and family law attorney can help you understand the legal implications of your decision and can draft the necessary paperwork. It is also a good idea to have each spouse hire their own attorney to ensure that both parties are represented fairly.

How to Change a Prenup

Prenuptial agreements in Illinois can be changed in a few ways. One way is to sign a new agreement with your spouse, which will effectively cancel out the old prenup. Another option is to use a postnuptial agreement, which is similar to a prenup but is created after marriage. Postnups are often more detailed than prenups, especially in terms of how marital assets will be divided in the event of a divorce.

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 Posted on September 29,2023 in Chicago divorce attorney

Collaborative law and traditional divorce litigation are two very different ways to get a divorce. Collaborative law is a voluntary process during which divorcing couples work together with their attorneys to reach a mutually agreeable settlement. Traditional divorce litigation is an adversarial process in which couples go to court to have a judge decide the terms of their divorce.

If you are considering collaborative law, it is important to find lawyers who are experienced in this process. You should also make sure that you feel comfortable with your lawyers and that you trust them to help you reach a fair and equitable settlement.

Collaborative Law

Collaborative law is a voluntary process that focuses on cooperation and communication, so both parties must agree to participate. The goal is to reach a settlement that is fair to both parties and that meets the needs of their children.

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 Posted on September 27,2023 in Chicago divorce attorney

There is not an official court action in Illinois for a marriage annulment. Instead, you will need to ask a judge for a judgment of invalidity. The meaning is the same but the outcome is rarely granted. This is because the grounds that must exist before you can ask a judge for a judgment of invalidity are very specific.

Whether a judgment of invalidity is right for you depends on your individual circumstances. Before you petition a court, it is important to speak with an experienced annulment attorney to discuss your case and determine if you meet the grounds necessary in the state of Illinois.

What are the Grounds for a Judgment of Invalidity?

In Illinois, there are four reasons the court outlines for invalidating a marriage:

• One spouse was unable to consent to the marriage because he or she was under the influence of alcohol or drugs, has a mental incapacity, or was forced or under duress by the other spouse, or the other spouse engaged in fraud regarding a marriage detail

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 Posted on September 20,2023 in Chicago divorce attorney

Parents going through a separation or divorce will need to develop a solid parenting plan. Assuming both parents can and want to remain in the children’s lives, co-parenting and parallel parenting are two approaches to effective parenting. Both of these approaches can be successful, but it is important to choose the one that is right for your family and your individual circumstances.

Co-Parenting

Co-parenting is a parenting approach where both parents remain actively involved in their children's lives after separation or divorce. Co-parents work together to make decisions about their children's upbringing, including education, healthcare, and extracurricular activities. They also make an effort to spend time with their children on a regular basis.

Benefits of co-parenting include:

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 Posted on September 15,2023 in Chicago divorce attorney

In an ideal divorce, both spouses agree to end the marriage and work together to divide assets and, if necessary, decide on a parenting plan. However, not all divorces are this simple. Sometimes, one spouse may not cooperate, which can lead to a longer and more difficult process.

It is important to speak with an attorney if you are considering divorce and your spouse is refusing to participate in the process. An attorney can help you understand your options and provide guidance on what to do next.

Why Would Someone Not Sign Divorce Papers?

In a divorce case, the defendant is not required to sign any papers agreeing or not agreeing to the divorce. However, there are a variety of reasons why spouses may refuse to participate in certain aspects of the divorce proceedings, such as:

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 Posted on September 11,2023 in Chicago divorce attorney

When parents get divorced, they can make a parenting plan that says how much time each parent will get to spend with the children. But sometimes, a parent might not be able to watch the children during their scheduled time. Maybe they have to work late or go out of town. In that case, that parent might need to find someone else to watch the children.

The right of first refusal says that if a parent cannot watch their children, they have to offer the other parent the chance to watch them first under certain circumstances. This means that the other parent has the first chance to be with the children before they go to a babysitter, other family members, or daycare. A family lawyer can help you make sure the right of first refusal is in your parenting plan and that the terms suit your needs.

How is a Right of First Refusal Created?

The right of first refusal is not automatically implied. It has to be written into the parenting plan. The parents can agree to it themselves or a judge can order it if they think it is in the best interests of your children.

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 Posted on September 06,2023 in Collaborative Law

Considering mediation or collaborative law can be a way to resolve your family law dispute without going to court. Both mediation and collaborative law are alternative dispute resolution (ADR) processes that can help you reach a mutually agreeable outcome. However, there are some key differences between the two processes.

When considering either mediation or collaborative law in Illinois, it is important to speak to an attorney. They can provide more information about the process and to see if it is the right decision for you.

A Basic Overview

In mediation, a neutral third party called a mediator helps you and your spouse communicate and negotiate a settlement. The mediator does not make any decisions for you, but they can help you to understand each other's needs and interests. The process usually lasts no more than one or two meetings but they can take anywhere from four to eight hours to complete.

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