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Law Office of Van A. Larson, P.C. | Kane County Divorce Lawyer | Batavia, IL
233 W. Wilson Street, Batavia, IL, 60510
Recent blog posts

Everything You Should Know About Paternity in Illinois

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IL family lawyerParentage is a far more complicated legal issue than it used to be. Illinois law now recognizes and accounts for gender diversity in parenthood. This can result in some confusion for new parents or people who are trying to become parents. Both medical advances and improved legal protections for LGBT+ parents have changed the way parenthood is looked at from a legal perspective. There are a few ways to establish the identity of a child’s legal parents. Unmarried parents and those using certain alternative methods to become parents may need to take extra steps to make sure they are legally their child’s parent. It is best to be represented by an attorney when navigating this complex and rapidly evolving field of law.

Presumption of Parentage

If a parent is married when they give birth, their spouse will automatically be considered a parent to that baby - even if it is impossible for the spouse to be the biological parent. So, if two women are married, and one of them gives birth, her wife is considered to be her child’s other parent, just as it would be if the mother were married to a man.

Voluntary Acknowledgement of Paternity

Signing a VAP is generally the easiest way for a child’s biological father to establish themself as the child’s legal parent. If both biological parents sign the form agreeing that they are the biological parents, the father’s name can be added to the birth certificate. This may be done at the hospital when the baby is born.

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Do We Need a Prenuptial Agreement?

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IL divorce lawyerEvery couple should strongly consider getting a prenuptial agreement. Although you likely dream of growing old together now, no marriage is bulletproof. Life has a way of surprising people. Spouses that seemed perfect for each other can drift apart over the years. A stressful event beyond your control could later come between you. Hard times can create stress and conflict among the most perfectly matched couples.  In some traditions, brides and grooms promise to uphold their vows “so long as the love between them shall last,” rather than “until death do they part.” Many would argue that the former is a bit more practical. A prenuptial agreement is a good way of reducing uncertainty and stress in the event that your marriage does not last forever. It is important to consult an Illinois family law attorney when drafting a prenuptial agreement. 

Why Should We Get a Prenuptial Agreement?

Getting a prenuptial agreement offers quite a few benefits and very few drawbacks. Couples who choose not to get a prenuptial agreement often say that the idea feels unromantic and may even suggest that the couple is planning for divorce. However, there are better ways of looking at it. You are probably not planning to cause a car accident, but you likely carry insurance just in case you do. Making a prenuptial agreement is more like buying an insurance policy than making a plan to get divorced. 

However, if you do get divorced, your prenuptial agreement can be invaluable. Getting divorced with a strong prenuptial agreement in place is often a fairly simple process. Your prenuptial agreement will likely control things like whether anyone receives alimony and how your property should be divided. It is important to note that issues concerning children cannot be controlled by a prenuptial agreement and must be decided at the time of divorce. 

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Overcoming Barriers to Divorce

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Batavia Divorce LawyerA lot of people find themselves staying in their marriage not because they are happy, but because they have logistical barriers to divorce. Many spouses rely on one another for varying types of support whether they are happy together or not. You may have children together that you care for as a team. You may have combined your finances to such a degree that separating yours from theirs could be challenging, or you may be in a position where the family needs two incomes to pay expenses. 

All of this can make it more difficult to get divorced. However, remaining in a marriage that is no longer working and is making you miserable may be even more difficult over the years. Additionally, the longer you stay married the more difficult it may become to sort out the issues that would arise in your divorce. You may find that while the time period during the divorce is challenging, things will get much easier as time goes on and you will be happier in the end. An attorney can help you plan to overcome any barriers to divorce you may face. 

Common Barriers to Divorce and How to Overcome Them

Many people in unhappy marriages hold the same reasons for staying, and these reasons are generally practical and logistical rather than emotional. Common barriers and what can be done about them include: 

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Batavia, IL grandparents rights lawyerParents almost always determine the outcome of child custody cases. But in certain unfortunate family events, a grandparent may need to seek parental responsibility. Usually, this occurs for a child’s safety or out of concerns about parental unfitness. Understanding the ins and outs of grandparents' rights can be critical.The best thing a grandparent can do is get help from a child custody attorney to aid in building a solid case and advocating for their rights.

Custody vs. Visitation

Parental responsibilities, formerly known as custody, is the power to decide important matters on behalf of a child, such as religious upbringing, education, healthcare, and more. Visitation involves spending time with grandchildren, even if they live with their parents. Both are quite different and need a separate set of requirements to petition for it. 

Can Grandparents Get Custody of Grandchildren in Illinois?

Grandparents may need to seek custody or visitation rights to maintain contact with their grandchildren. Grandparents seeking custody must prove that living with them is best for the child. When deciding whether to let grandparents have custody of a child, the court system considers several factors, including:

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Batavia Divorce LawyerFamily law is a specialized branch of the legal system that governs aspects related to domestic affairs and familial relationships. It encompasses a range of legal issues that arise within families, from marriage and divorce to child custody, adoption, and even domestic violence. Today, we will aim to shed light on the crucial aspects and significance of family law, showcasing its pivotal role in preserving the well-being and stability of the modern family unit. If you need legal assistance with a family matter, contact a family lawyer today to ensure your legal goals can be satisfied. 

Marriage and Divorce

A cornerstone of family law is the regulation of marriage and divorce. This includes procedures for obtaining a marriage license, the legal recognition of marriage between partners, and the dissolution of marriage through divorce. Family law attorneys play a crucial role in guiding couples through the complexities of divorce, such as asset division, spousal support, and child custody arrangements.

Child Custody and Support 

Family law addresses the well-being and protection of children at the center of disputes. It ensures that custody decisions take the best interests of the child into account, prioritizing their safety, upbringing, and stability. Family law establishes guidelines for determining child support to safeguard children's financial welfare, regardless of their parent’s marital status.

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Illinois State Bar Association Kane County Bar Association
Serving Northern Illinois cities such as Algonquin, Aurora, Barrington Hills, Bartlett, Batavia, Big Rock, Burlington, Campton, Carpentersville, Dundee, East Dundee, Elburn, Elgin, Geneva, Gilberts, Hampshire, Huntley, Kaneville, Lily Lake, Maple Park, Montgomery, North Aurora, Plato, Sleepy Hollow, South Elgin, St. Charles, Sugar Grove, Virgil, Wayne, West Chicago, West Dundee, Yorkville, Afton, Clinton, Cortland, DeKalb, Franklin, Genoa, Hinckley, Kingston, Kirkland, Lee, Malta, Maple Park, Mayfield, Milan, Paw Paw, Pierce, Sandwich, Shabbona, Somonauk, South Grove, Squaw Grove, Sycamore, Victor, Waterman, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Oswego, Plainfield, Plano, Sandwich, Yorkville as well as Kane County, Kendall County and DeKalb County.
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