Recent Blog Posts
Everything You Should Know About Paternity in Illinois
Parentage 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.
Do We Need a Prenuptial Agreement?
Every 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.
Overcoming Barriers to Divorce
A 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.
Grandparents' Rights: Exploring the Ins and Outs of Seeking Custody and Visitation of Grandchildren
Parents 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?
Understanding Family Law: Safeguarding the Bonds that Matter
Family 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.
What is the Difference Between Orders of Protection and Restraining Orders in Illinois?
When there is tension or violence in a relationship, obtaining an order of protection or a restraining order in Illinois can be an effective legal way to establish limits and safety. Although similar in nature, the two have significant differences. As a result, if you are interested in pursuing either an order of protection or a restraining order, contact a family law attorney to learn more about what each option entails and which may be right for you.
Restraining Orders
Contrary to what many believe, temporary restraining orders are designed primarily to protect financial assets during divorce proceedings under Illinois law. When a divorce is taking place, a restraining order can prohibit a spouse from taking, selling, or otherwise disposing of jointly controlled property or assets. An example of a scenario where a financial restraining order may be necessary could be to prevent a spouse from canceling a critical insurance policy. In Illinois, restraining orders are usually used in divorce cases instead of domestic violence cases, but not always.
What You Need to Know About Establishing Paternity in Illinois
Establishing paternity is an important process for both parents and children in Illinois. Without establishing paternity, fathers may not have the same rights as mothers, and children are not entitled to the same legal protections and benefits. Today, we will discuss what is most important to know about paternity in Illinois. If you have questions related to paternity, contact a family law attorney to understand your legal options at this time.
Essential Considerations for Paternity in Illinois
In Illinois, paternity can be established in a few different ways, including:
- Through marriage – If a man and woman are married and a baby is born, the man will legally be considered the father.
- Voluntary acknowledgment of paternity – This method involves both parents signing a voluntary acknowledgment of paternity (VAP) form at the hospital or birthing center where the child was born. This can also be done at a later time as long as both parents agree to it
Debunking the Common Myths of Premarital Agreements
Premarital agreements, commonly referred to as prenuptial agreements, are contracts between two individuals planning on getting married. The agreement defines how the couple's assets and liabilities will be divided in the event of a divorce. Despite their growing popularity, many myths exist regarding premarital agreements. It is essential to debunk these myths to see whether a premarital agreement may suit you and your situation. Remember, if you are interested in a premarital agreement, contact an experienced family law attorney to learn more and see whether signing one may be in your best interest.
The Most Common Misconceptions Regarding Premarital Agreements
- Premarital agreements are only for the wealthy – While premarital agreements are commonly associated with wealthy individuals and celebrities, they are not exclusively for the rich. Anyone can enter into a premarital agreement, regardless of their financial situation. In fact, premarital agreements can benefit those who have children from another marriage or own a business.
What Are the Laws in Illinois Regarding Alimony?
When people are divorcing, there are many financial concerns to contend with, including alimony or spousal maintenance. Judges in Illinois must consider whether one spouse merits receiving payments from the other spouse for any period of time during or after a divorce.
Spousal support in Illinois is generally either temporary or long-term. Temporary support may last only through the divorce process while long-term support will last much longer.
Long-term maintenance can also be fixed-term, indefinite, or reviewable. Fixed-term maintenance means a court establishes a date on which support will end, indefinite maintenance means that payments will continue unless an award is modified or terminated, and reviewable maintenance means a court will retain the right to revisit the award and modify it later.
Amount and Duration of Spousal Maintenance
Not every divorce case involves a spousal maintenance order. Spousal maintenance decisions are usually based on a combination of different factors, including the needs of both spouses, the duration of the marriage, each spouse’s income, assets, and debts, the standard of living established during the marriage, the receiving spouse’s current and future earning capacity, constraints on either spouse’s earning capacity, the effect of child custody and placement arrangements on a spouse’s ability to maintain employment, and any other factors that a court finds to be just and equitable.
How to Choose an Attorney For My Illinois Divorce?
Ending a marriage can be an especially difficult and often confusing time. Even if a divorce is the best option for you and your spouse, it can still be a challenge to navigate the process. Hiring a divorce attorney is the best way to ensure you have access to the legal support you need. Your lawyer will guide you through the divorce every step of the way and help you step into the next chapter of your life.
But how can you pick the attorney best for you? There are many different things to keep in mind. With the added benefit of modern technology and the internet, researching is made easy so you can find the right fit for your needs.
What Type Of Attorney Do I Need?
There are many different types of law that can be practiced. In the case of divorce, a law firm that handles family law is what you will want. There are many different complexities involved in marriage dissolution cases, and knowledge of family law is essential.