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Recent Blog Posts
Should I Legally Adopt My Stepchild?
Step-children and their step-parents have unique relationships. Sometimes, step-parents can have a role similar to the child’s biological parents, while other times, step-parents and step-children may simply co-exist in the same household. This relationship can evolve over time, especially for children whose biological parent has passed away, or who still have a relationship with both of their biological parents. For step-parents who have a close relationship with their step-children, it may be beneficial to officially adopt their child. While doing this may not be the choice of every step-parent, some do choose to legally recognize the relationship with their step-child, with the help of an adoption attorney.
What Are the Benefits of Step-Parent Adoption?
Many step-parents who decide to adopt their step-children do so to officially recognize their relationship in the eyes of the law. This can make the relationship more legitimate, not just legally but also personally, and it can often bring a step-parent closer to their step-child. While there may be emotional benefits to adopting a step-child, there are also a variety of legal advantages that come along with this process:
How Can Parentage Be Legally Established in Illinois?
Parentage (which is also known as paternity) is the legal relationship between a parent and his or her child. If a couple was married or in a civil union when their child was born or within 300 days before the birth, the mother’s spouse is presumed to be the father. However, if the mother and father were not married or in a civil union, paternity must be legally established. Naming a child’s legal parents is important, because it ensures that both parents have a right to participate in the allocation of parental responsibilities, and it allows the child to receive the necessary child support. For fathers who are trying to protect their parental rights or mothers who wish to confirm the parentage of their child, it is important to speak to an experienced family law attorney.
How Is a Parenting Agreement Created in an Illinois Divorce?
If you are going through a divorce, you will need to make a variety of difficult decisions involving the separation of your life, your finances, and your property from your spouse. While this can be a lot to deal with, the situation can become even more complicated if you and your spouse have children, because both of you will need to address the allocation of parental responsibilities (formerly known as child custody in Illinois), as well as parenting time (formerly known as visitation), and the decisions about these issues will be written down in an agreement known as a parenting plan, which will be part of your divorce decree. When creating a parenting plan, it is important to work with an experienced family law attorney to ensure that your parental rights and your child’s best interests are protected.
Creating a Parenting Plan
What Can and Cannot Be Included in an Illinois Prenuptial Agreement?
Marriage is a big decision, and before entering into that legal partnership with your spouse, you may want to take steps to protect your rights, your property, and your finances. In many cases, a prenuptial agreement can be beneficial for both spouses. However, before entering into a premarital agreement, you will need clarification on what can and cannot be included in the prenup. Discussing your thoughts and ideas with an experienced family law attorney will ensure that you understand how to create an agreement that meets your needs.
Personal Matters
What Is a Parent’s “Right of First Refusal” in Illinois?
For couples with children who are going through a divorce, one of the most important aspects of the process is ensuring that their child's best interests are met. The courts require that divorcing parents try to work together to create a parenting plan that will determine each parent’s level of authority in making decisions about raising the child, define schedules for the parenting time the child will spend with each parent, and address other relevant issues. If the parents cannot come to an agreement on these issues, these decisions will be made by the judge in their divorce case. The “right of first refusal” is one issue that may need to be addressed in a parenting plan.
What Is the “Right of First Refusal”?
When a parenting plan is approved by the court, it is expected that each parent will follow the court-ordered parenting time schedule. However, situations may arise in which a parent will not be available during their scheduled parenting time, and they may need to utilize a third-party caregiver, such as a daycare, grandparents, or babysitters for a significant period of time. In these situations, the other parent may want to have the option to care for the children.
3 Tips for Co-Parenting When Your Ex-Spouse Has a New Partner
If you are a newly-single parent adapting to life after divorce, moving on may be difficult, and you may be dealing with negative feelings toward your ex-spouse. Although it can be difficult to put those feelings aside, fostering the growth and development of your child should continue to be your primary goal. One dreaded scenario that may arise is meeting your ex’s new partner. This can be a challenging and stressful situation, but you will likely want to make an effort to get to know that person, as they will be a significant party in your child’s life. The following three tips can help the three of you work together as co-parents toward a happy and healthy upbringing for your child:
Understand the Position You Are in
You are likely to have mixed emotions about your ex’s new relationship, and this may lead to confusion for your child. The behaviors and feelings displayed by a parent can shape the thoughts and actions of children. Even though you may not be happy about meeting and dealing with your former spouse’s new partner, being willing to get to know them can be a good example for your child, encouraging them to form new relationships and branch out to meet new people. Ultimately, you cannot control what your ex does in their personal life, but demonstrating acceptance of their new partner will likely promote your child’s happiness and well-being in both households.
How Long Does a Divorce Case Take?
Feelings of anxiety and stress are common for any couple which is moving forward with the dissolution of their marriage. A divorce can be a complex matter which can have a lasting effect on everyone involved. Going into a divorce, most people are unfamiliar with the steps involved, the legal requirements that must be met, and the length of time needed. Dissolving a marriage is never fun, and you may want to get your divorce over with as quickly as possible. However, there are certain factors that can cause the divorce process to go on longer, and so working with a knowledgeable divorce attorney is essential to ensure the process can conclude in a timely matter.
Is Your Divorce Contested or Uncontested?
While there is likely to be some level of disagreement between almost all divorcing spouses, determining what areas may cause the most contentious disputes can help take some of the surprises out of the process. Compromise is crucial during divorce, and if you and your ex-spouse are able to work together to reach a divorce settlement, this can save a great deal of time and money. If you can make the decision to “pick your battles,” you may be able to avoid long, drawn-out disputes. However, there may be some issues that you will be unable to resolve between the two of you, and so regarding those issues, it may be necessary to have the court make those decisions for you.
What Are the Alternatives to Divorce in Illinois?
A married person may consider divorce as an option for leaving a stressful or unhappy relationship and getting a fresh start. Agreeing to dissolve a marriage can be a difficult choice, since a person may be unwilling to give up the unity and love that brought the couple together. The divorce process will require spouses to identify and resolve the legal issues that must be addressed when ending their marriage, including the allocation of parental responsibilities (formerly known as child custody), child support, and the division of marital property. However, the complexity that might be involved in resolving these matters could be a negative for some couples, and ending the marriage could also lead to unwanted attention or embarrassment for either spouse. For spouses who are considering divorce but are unsure about whether to proceed with the end of their marriage, consulting with a skilled family law attorney could identify some alternative options.
Is “Bird Nesting” an Option in My Illinois Divorce?
The end of a marriage can signify a new start for a former couple. However, divorce can be difficult for any children who are involved, since they then often have to split time between both parents. A new alternative to having children split time between two houses after a divorce is called “bird nesting.” This refers to an arrangement in which the divorcing parents themselves divide their time in a home, instead of the children being uprooted from the home for parenting time. The parents may each rent their own apartment or condo, or they may share a dwelling where one parent will stay even when it is not their parenting time. This type of parenting solution is not for everyone, but if parents do wish to use this option, their parenting plan document can spell out the allocation of parental responsibilities, parenting time arrangements, and more.
Tips for Divorcing an Abusive Spouse in Illinois
Domestic violence is committed anytime an individual hits, kicks, chokes, harasses, threatens, or interferes with the personal liberty of a family member or a person in their household. Unfortunately, many people are affected by domestic abuse every day. In May 2019, the National Domestic Violence Hotline (NDVH) answered their 5 millionth call from a victim seeking help.
Trying to get out of an abusive marriage can be difficult. You might be afraid to leave your relationship if your spouse has threatened retaliation. Ending a dangerous marriage requires preparation and special considerations, especially if a child is involved. In some cases, you may be able to obtain an order of protection to restrict contact with the abuser during and after your divorce.
Creating a Safety/Escape Plan
If you are a victim of abuse, one of the first things you should do is create a plan that will protect your safety as you escape from a dangerous situation. This plan should include practical steps to remain safe while in your relationship, when you are planning to leave, and after leaving. In addition to looking at the types of legal action that can be taken, you should also consider issues such as how to cope with difficult emotions, and how to tell family and friends about the abuse.
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