233 W. Wilson Street, Batavia, IL, 60510

do it yourself divorceSomeone going through a'divorce may be tempted by the many online do-it-yourself divorces that, for a small fee, provide forms for people to fill out and file with their local family court. These sites tout the ease of their services, with the caveat of saving the cost of an attorney.

But many people who have used these services discover that the long-term price of a'do-it-yourself divorce is much more costly than what an attorney would have cost, even in simple, uncontested divorces.

One of the most common mistakes people run into concerns the forms from the online sites. People often have to redo the paperwork because the forms provided are outdated or there may be issues with the formatting. Each state, including Illinois, has'Codes of Civil Procedure that must be followed when filing divorce motions. Failure to follow those rules, which happens often with generic online paperwork, will result in a rejection of the motion by the clerk of courts.

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civil union dissolutionThough in several other legal senses a civil union is not as complicated or as involved as a marriage, dissolving a civil union can be just as difficult and trying on all parties involved. According to the Illinois General Assembly, persons who enter into a civil union have the same 'obligations, responsibilities, protections, and benefits afforded or recognized by the law of Illinois to spouses. In the event of divorce, this means that all persons are held to the same responsibilities of divorcing spouses, including distribution of property, setting up an arrangement for shared childcare (if applicable), and the separation of shared financial responsibilities.

The law regarding civil unions in Illinois was changed in 2011, according to the Illinois Bar Journal. That year, the Illinois Religious Freedom Protection and Civil Union Act was passed in an attempt, by and large, to ensure some of the same protections afforded heterosexual couples to homosexual couples as well. Not all couples who opt for a civil union instead of a traditional marriage are same-gender couples, however'and a civil union must be formally dissolved before either party in the civil union can be married or enter into another civil union.

The new law, according to the Bar Journal, is almost exactly the same as the previously existing Illinois Marriage and Dissolution of Marriage Act (IMDMA). One major tenant of the new law allows for separation of property in the same way that property is divided in divorce. Illinois is an equitable property distribution state, meaning that both partners in the relationship are awarded similar settlements, regardless of individual financial standing or contribution.

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same sex marriage, divorce, Illinois family law, Illinois family law attorneyLast month, a new law went into effect in Illinois - the legalizing of same sex marriages. This means that same sex couples have the same rights and privileges under The Illinois Marriage and Dissolution of Marriage Act that heterosexual couples do.

Some of these rights include:

  • The right to marry;
  • 'The right to make medical decisions for their spouse when the spouse is unable to do so.
  • The right to inherit property from a spouse;
  • The right to certain employment benefits - such as access to medical insurance, pension benefits and bereavement leave;
  • The right to what is legally referred to as 'tenancy by the entirety,' meaning that the couple own a piece of property together as a single entity;
  • The right to'divorce.

Now that same sex marriages are legal in Illinois, there are areas that couples should look at before they decide to marry. Having a prenuptial agreement in place can help avoid long, drawn-out divorce negotiations should the marriage end. Some of the issues that can be addressed in a prenuptial agreement are property and financial division and whether or not spousal support will be paid. Prenuptial agreements are especially important if either party has children from prior relationships and want to ensure that certain assets will go to the children.

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obesity in children, children of divorce, Illinois divorce lawyer, Kane County divorce attorneyThe International Obesity Task Force (IOTF) estimates that there are more than 300 million obese people in the world. The organization defines obesity as 'a BMI - 30 kg/m2, but can be further divided on the bases of the severity of the obesity. In the past 30 years the percentage of American children between the ages of 5 to 14 years old who are overweight has doubled, rising from 15 percent to 32 percent.

A'new study has found that there may be a link between'divorcing parents'and obesity in children. The study was done at the Norwegian Institute of Public Health and the University of Oslo.

Researchers studied the health data from 3166 third grade students from 127 schools in Norway. The gender breakdown of the students was 1537 girls and 1629 boys.

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prenuptial agreement, premarital agreement, prenup, Illinois family lawyer, Illinois divorce attorneyWhen most people hear the word prenuptial agreement, they typically think of it as an agreement about assets and how those assets will be divided if the marriage breaks up. The topics covered in a prenuptial agreement are usually pretty standard.

Any real estate the couple owned independently before marriage is usually decided in a prenup. It's especially important if the property is to be the marital home.

Ownership of a business is another issue that is usually covered. Otherwise, if one spouse owned a business before the marriage, a divorce would give the other spouse an opportunity to claim a percentage as part of the settlement.

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