Archive, March 2015.

If you are a parent currently going through a divorce, your child likely has opinions about the divorce and how it will affect his or her life once the process is complete. Depending on your child's age and personality, he or she may be quite vocal about these opinions. One of the issues that your child may be most vocal about is his or her custody arrangement after the divorce.
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The Illinois Marriage and Dissolution of Marriage Act is a law that covers general family-law related topics within the state of Illinois. While many topics fall into specific realms, such as divorce, division of assets, and and child support, some aspects of the law do not fit neatly into a single category. In order to handle these topics, the state created a “Miscellaneous” category of family law issues. Here are five more examples of the resulting hodgepodge:

The Illinois Marriage and Dissolution of Marriage Act is a comprehensive law that covers divorce, legal separation, division of marital assets, child support and other related issues. Some aspects of the law do not fit neatly into a single category, which is why the state legislature lumped those issues into a “Miscellaneous” section. Here are five examples of the resulting hodgepodge:

Generally, only a child’s parents or legal guardians have the authority to make decisions regarding the child’s care and well-being. To a certain extent, that authority even extends beyond the grave. Illinois law permits parents and guardians to appoint standby guardians, which allows them to decide who will care for their children if the worst happens. A standby guardian is someone who would immediately take on the care of minor children upon the passing of the parents or guardians.
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Debt is often unavoidable for modern families, whether the debt accrues from credit cards, loans, college tuition or other necessary expenses. However, it is important to remember that marital debt is separate and distinct from personal debt. Illinois law recognizes that married persons can retain property acquired before the marriage as nonmarital property. Furthermore, the law allows married persons to acquire property during the marriage that belongs solely to them (property acquired by descent is one example). That distinction can be confusing for couples and for their creditors. Here are…
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Child custody battles can be stressful and upsetting, especially for parents who do not have their desired custody arrangement or visitation rights. While child custody can be an emotionally fraught issue, it is also a legally delicate one. If you are a non-custodial parent and missing your child, do not take matters into your own hands. Spending time with your child illegally will only hurt your custody and visitation rights.

In 2012, an Illinois appellate court considered a dissipation case called In re Marriage of Berberet. Dissipation occurs when one or both spouses waste marital assets to prevent the other spouse from receiving those assets during a divorce. Under Illinois law, dissipation refers to a person’s use of marital property for his or her sole benefit for a purpose unrelated to the marriage at a time when the marriage is undergoing an irreconcilable breakdown.
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Illinois strives to keep families together, whenever possible. However, there are circumstances in which the state will break up a family – sometimes temporarily and sometimes permanently. Those circumstances generally involve child abuse, neglect or some other type of criminal behavior. If a court determines that a child should be permanently removed from his home, then the child likely will be placed for adoption. But when is parental consent for adoption required and when is it not?
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Goostree Law Group

Goostree Law Group

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