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Hillside, IL 60162
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Recent Blog Posts
Establishing Paternity in Illinois
In a marriage, the paternity of a child is automatically established. However, this is not the case when the biological parents are unmarried. Instead, the father is deemed an “alleged father” until he and the mother either acknowledge paternity or receive confirmation of paternity through the courts or Illinois’ Department of Healthcare and Family Services (DHFS). Learn more about establishing paternity in Illinois, including how it can be done and why you should get it done, and see why the assistance of an experienced family law attorney should be obtained.
Why Establish Paternity?
At first glance, the purpose of establishing paternity may seem to be about money. After all, a father may be obligated to pay child support if he and the biological mother are not residing together. However, fathers can also reap several benefits if they pursue establishing paternity legally. For example, fathers can still have the right to pursue custody of their child, should the mother ever lose her rights or become incapacitated for any reason. Fathers can also seek parenting time and allocation of parental responsibilities, which gives them bonding time and decision-making power in the life of their child.
Creative Parenting Plan Solutions for Your Illinois Divorce
When parents file for divorce, they are required to complete a parenting plan document which outlines their wishes on parenting time and the allocation of parental responsibilities. Of course, since every family is unique, each parenting plan is (and should be) different. However, these variances in needs, desires, and circumstances can make what sounds like a straightforward process rather complicated. Learn how to make the most of your parenting plan by adopting some creative parenting plan solutions that may address your family’s unique needs.
Consider Your Child’s Age
Perhaps one of the biggest mistakes that parents make when designing their parenting plan is not taking their child’s age, activities, or personality into account – yet these factors can greatly influence their specific needs. For example, it might make sense for an infant who has spent most of their life with a stay-at-home parent to have more parenting time with that parent. However, child mental health professionals typically recommend more frequent transitions for young children, as they need a great deal of time with both parents to ensure proper bonding. Depending on your situation, a two day stay with one parent, & then a two day stay with the other parent, and then three days back with the first parent may be the appropriate schedule until the child is a bit older. At that point, the family may want to consider going to a 2-2-5 parenting arrangement, instead.
Waiting for Divorce Until the Kids Grow Up – Are You Doing More Harm Than Good?
When your marriage is failing, and you know divorce is the next step, you may stop to consider how your children will respond. If you determine that they simply cannot handle growing up in a broken home – perhaps because of a disability, a sensitive demeanor, or a rough upbringing – you may be tempted to put off the inevitable. Are you really doing your children a favor though, or are you doing more harm than good? The answer may rest in the underlying issues of your marriage. Learn more with help from the following information.
Domestic Violence and Children
If there is any marriage in which divorce should not be delayed, it is one in which domestic violence is present. Violence of any sort can have a negative impact on the growth and development of a child, and it may also increase the child’s risk for several mental health conditions, such as depression, aggression, and anxiety. Furthermore, children may ultimately be at risk for violence themselves, even if they are not currently the target. If you are a victim of violence, do not wait. Get help immediately. Seek out services tailored especially for victims and contact an experienced family law attorney for assistance with your divorce.
Understanding the Risks of a Pro Se Divorce
Do-it-yourself divorce, also known as pro se divorce, has become increasingly common over the last several years. In fact, there are now agencies that help divorcing couples complete their paperwork, which the couple must then file themselves. Many pursue this option because they think it will save them time and/or money. Others feel they can manage an amicable divorce better on their own than with an attorney. Unfortunately, both of these approaches often lead to problems.
Why Even Amicable Divorces Need an Attorney
It happens all too often: a couple starts out on their divorce journey amicably enough, but then a sensitive matter comes up. Sparks fly, and the arguments begin. Sometimes, the matter becomes so contentious, it delays the divorce. Other times, couples are so locked in their negotiations, they have no alternative but to hire an attorney – and by that time, things may be a complete mess, and could take more time and money to sort out than necessary. Contention and a loss of time and money are not the only risks that couples face in a DIY divorce, however. In fact, some situations may place the lives of one party, and possibly even children, at risk for significant financial loss, violence, mental health issues, trauma, and more.
More Men Are Aggressively Pursuing Alimony in Divorce
Alimony - which is called spousal maintenance in Illinois - used to be a common factor in a divorce, and it was usually awarded to wives. Often caretakers and homemakers, women in the past often lacked the skills, experience, or resources to support themselves immediately after divorce. Times have changed, however. Today, more and more wives are becoming the primary breadwinners of their families, and more husbands are staying home. Because of this, many women are now finding themselves on the paying side when it comes to the subject of alimony in a divorce. Unfortunately, this kind of “role reversal” in a divorce can have serious implications.
Women Remain Disadvantaged in Divorce
Despite there being more women in the workforce than ever before, and more women being the primary breadwinners for their families, there remains an income disparity within the workplace. In fact, the Pew Research Center has found that, while the gender income gap is closing, it does still exist. Overall, women make about 80 percent of the income of their male counterparts in the same positions, and it takes, on average, an extra 44 days of work for them to make up for that disparity.
Who Gets Custody of the Frozen Embryos in an Illinois Divorce?
Infertility is a serious and common issue in marriage, which is why many couples turn to in vitro fertilization to conceive. What happens, though, if the couple then divorces? Who gets custody of the embryos? Does anyone? Furthermore, who gets to make the decision? The following information explores the subject of frozen embryos in a divorce, including how they are dealt with and how you can attempt to protect them with help from an experienced legal professional.
The Difficult Truth
Embryos, though typically comprised of both parents’ DNA, are not considered humans by most courts. Illinois law continues to treat them as marital assets. The unfortunate part about this approach is that these assets – unlike homes and cars – have no monetary value. Further, they can become a financial liability for the other parent, should the “custodial” party decide to use the embryos to conceive a child. As such, courts often decide that embryos must be destroyed. Alternatively, they may rule that the embryos can continue to be stored, but no one is permitted access unless they have obtained permission from the other party.
What Can Be Included in a Prenuptial Agreement?
Prenuptial agreements were once thought of as one of the most unromantic documents in existence, perhaps only surpassed by divorce papers. Thankfully, this valuable pre-marital document is finally receiving the appreciation it deserves. Millennials, the tech and creative industries, and the increasing number of remarrying and high-net-worth couples have all played a part in its revival. However, now, with so many seeking it out, it becomes crucial that couples take the time to understand what a prenuptial agreement can cover, and what it cannot.
Prenuptial Agreement Basics
The first thing that couples should know about prenuptial agreements is that each party must enter into the agreement voluntarily, without coercion or duress. Each party must also sign the document. Couples typically have control over most of the other aspects of their agreement, but there are some important exceptions. For example, parties cannot waive the option of spousal support if doing so would cause undue hardship for one of the individuals. It should also be noted that a judge can override such a waiver, if one party would be at risk for undue hardship for reasons that could not have been foreseen at the time the document was signed.
Bitter Divorce May Have a Negative Effect on a Child’s Immune System
Years of study, observation, and information have shown that children may be at risk for mental and emotional issues if their parents go through a divorce. Now, more recent information is suggesting that the negative effect is more a product of a contentious divorce, and not just a divorce itself. A new study backs this recent revelation; it suggests that bitter divorce could negatively impact a child’s immune system, perhaps for the rest of their lives. Thankfully, there are ways that parents can reduce this risk. The following information explains how.
Contentious Divorce versus Amicable Divorce
Illinois may be legally a no-fault divorce state, but the reasons for divorce are still there, simmering just below the surface. When grief, change, and the fear of losing time with a child are added into the mix, things can quickly become contentious. Unfortunately, it is that contentiousness which may harm children – not just mentally or emotionally, but also physically.
Dividing Property in an Illinois Divorce
During marriage, couples often think of their assets as joint property. However, the same cannot be said for couples going through a divorce. Many argue over what belongs to whom, not fully understanding what constitutes marital property. Misunderstandings over marital contributions and Illinois’ divorce laws can further compound the confusing division of assets in a divorce. The following information can help you combat some of the misconceptions about property division in a divorce. You will also learn where to find assistance with your divorce, and why it could be crucial to the outcome of your case.
Marital Assets versus Non-Marital Assets
Separating marital assets from non-marital assets can be fairly straightforward in some cases, but highly complex in others. In most situations, property purchased or acquired during the marriage is considered marital property, and anything acquired before the marriage is considered non-marital. However, there are extenuating circumstances that can complicate this formula.
Lack of Preparation Can Lengthen the Divorce Process for Couples with a High Net Worth
While most couples want to complete their divorces as quickly as possible, some spouses seem to enjoy dragging it out. At every turn, they find something to contest, and they refuse to compromise. Sometimes, this desire to delay stems from feelings of anger or bitterness. Other times, it is an extension of the abuse experienced during the marriage. Whatever the reason, lack of preparedness can leave the non-contentious party frustrated. Learn how to mitigate against the delaying tactics with help from the following information.
Know What You Own and What You Want
One of the biggest mistakes that divorcing parties make is that they fail to understand their financial landscape. Unfortunately, this can result in wasted time, and it also can leave too much of an opportunity for asset dissipation by the other spouse. Reduce your risk of both problems by ensuring you know what you own, and what it is that you want out of the divorce. Gather documents on all your marital assets, including:
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