Posted on July 21, 2022 in Family Law

When a mother gives birth to a baby, there is no dispute as to the woman’s motherhood. However, determining paternity is not as simple. There are many different reasons that paternity may be unclear. Sometimes, a woman unexpectedly gets pregnant and is unsure of who the father is. Other times, an extramarital affair leads to confusion about paternity. A father may claim that he is the child’s father even if the mother knows this is untrue. Alternatively, a mother may believe that one man is the father of her child but he denies paternity.

If you are involved in a paternity dispute, you may understandably be filled with questions. Among these questions may be the question of whether DNA testing will be used to establish paternity.

Genetic Testing to Determine Who a Child’s Father Is

When paternity is unknown or disputed, one of the only ways to find out for sure is to conduct genetic testing. By evaluating the child’s DNA and comparing it to the presumed father’s DNA, paternity can be confirmed or denied with a negligible margin of error. According to the Cleveland Clinic, DNA paternity tests are 99.9 percent accurate.

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 Posted on July 20, 2022 in Domestic Violence

Intimate partner violence is shockingly common. The CDC estimates that approximately one in five women and one in seven men have been physically abused by an intimate partner at some point in their lives. Abuse may come in the form of physical violence, psychological manipulation, emotional abuse, or financial exploitation. Whatever the form it comes in, no one ever deserves to be abused by a romantic partner.

If you were threatened or abused by a boyfriend, girlfriend, spouse, or ex, you may want to consider getting an emergency order of protection.

What a Protection Order Can Do For You

Illinois courts offer several different kinds of protection orders. An emergency order of protection (EOP) is designed to be effective immediately. Often, petitioners can get an EOP on the same day they request it. Furthermore, EOPs are offered on an “ex parte” basis. This means that a formal hearing with both the petitioner (abuse victim) and respondent (abuser) is not required for the court to issue an EOP. If you are being abused by a current or former romantic partner, your partner does not need to be present for you to receive an EOP.

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 Posted on July 15, 2022 in Family Law

Most people have heard of prenuptial agreements, but fewer have heard of postnuptial agreements. A postnuptial agreement is very similar to a prenup, but it is completed after the couple is already married. Like prenuptial agreements, postnuptial agreements describe the spouses’ property rights and financial obligations in the event of divorce or death of a spouse. The reasons that couples utilize postnuptial agreements are varied and each situation is different. This blog will discuss the most common reasons married couples draft postnuptial agreements and what you can do to get started if you are interested in setting up a postnuptial agreement.

Postnups May Be Used for Financial or Personal Reasons

Postnuptial agreements or “postnups” have become increasingly popular in recent years. More and more couples understand the benefit of establishing their financial rights and responsibilities in an official, legally enforceable document.

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 Posted on July 14, 2022 in Child Custody

When parents divorce, they must contend with many difficult issues. If the parents want to share custody, they just decide how to divide parenting duties. In Illinois, the time a parent spends caring for his or her child is called parenting time. A parent’s right to make decisions about his or her child’s education, medical care, and other important matters is referred to as the allocation of parental responsibilities. Divorcing parents who want to share parenting time must decide which days each parent will care for the child. They will also need to determine how to handle parenting time arrangements for birthdays, holidays, school vacations, and other special occasions.

Considerations for Shared Custody in Illinois

If you and your child’s other parent can agree on a parenting time schedule, you can design whatever schedule works best for you and your child. As you make your parenting time schedule make sure to consider:

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 Posted on July 11, 2022 in Divorce

Finances play a major role in any divorce case. When a married couple divorces, they will divide their shared property and debt equitably. Each spouse’s income and assets also influence child support, spousal support, and other aspects of the divorce.

Some spouses try to sway the divorce in their favor by lying about their financial circumstances. They may underreport income, hide assets, or inflate debts or expenses in an effort to secure a more favorable outcome. Business owners and spouses who are self-employed have nearly countless opportunities for this type of financial deceit. However, a skilled divorce lawyer can find evidence of hidden assets and income and fight for a fair divorce outcome.

Underreporting Income in an Illinois Divorce

Divorcing spouses are required to submit financial disclosures to the court that list their assets and income. However, some spouses are not truthful about the amount of money they make. Self-employed spouses and entrepreneurs may have an easier time lying about income than traditional w-2 employees. However, any individual may find sneaky ways to underreport income.

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 Posted on July 07, 2022 in Divorce

Whether it is a house, condominium, townhouse, or apartment, your home is more than just a living space and deciding how to handle ownership of the marital home during divorce is no easy task. Your home may have great personal and financial value to you and your family. As you explore your options in preparation for divorce, consider the following factors regarding the marital home.

How to Handle the Marital Home in Your Illinois Divorce

Real estate properties are classified as either marital or non-marital. Most of the time, the family home is a marital asset. However, if one spouse owned the home before getting married or inherited the home, it may be classified as non-marital property.

If your home is a marital asset, both spouses have a right to a share of the home’s value. In this case, you have a few different options:

• One spouse keeps the home and buys out the other spouse’s equity. – One of the most common scenarios in a divorce is for one spouse to keep the marital home and the other spouse to move out. If a couple has children, the parent with the majority of the parenting time may keep the home to provide stability for the children. When one spouse keeps the home, the other spouse is compensated for his or her share of the home’s equity with other marital assets.

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 Posted on July 06, 2022 in Divorce

As Americans struggle with inflation, supply chain issues, and rising prices, many are turning to credit cards to make ends meet. Credit cards can be a useful financial tool. However, credit card debt can quickly spiral out of control.

If you are getting divorced, you may have many questions and concerns about credit card debt. How is credit card debt divided between spouses? Do we have to pay off our credit cards before we can divorce? What if a spouse promises to pay credit card debt and fails to do so?

Responsibility for Credit Card Debt in Illinois

Illinois courts handle debt similarly to property in a divorce. A debt that a spouse acquired before getting married is usually non-marital debt while debts acquired during a marriage are marital debt or joint debt. However, many different factors can influence liability for debts in a divorce. Sometimes part of a debt is considered marital and part of it is considered non-marital.

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 Posted on June 28, 2022 in Family Law

When people think of abuse or domestic violence, they may picture a battered individual with visible injuries. Although physical abuse is one type of domestic violence, it is not the only type of abuse men and women may be subjected to. Threats, intimidation, scare tactics, stalking, and harassment are just some of the ways an abuser may hurt someone without physically injuring them.

Fortunately, Illinois law reflects the fact that abuse does not always involve punching or kicking. Other forms of psychological and emotional torment also fall under the category of abuse. Victims have the right to seek legal protection against abuse through an order of protection. In many cases, getting an order of protection is the best way to prevent further abuse, harassment, and violence from escalating.

Understanding The Timeline of Abuse

Abusive relationships often follow a pattern. At first, the relationship is pleasant and respectful. However, over time, the abuser becomes more and more controlling and violent. The abuser starts using verbal abuse like insults and yelling to destroy the victim’s self-esteem. He or she isolates the victim from friends and family, uses gaslighting and other psychological tactics to confuse the victim, or purposefully embarrasses the victim. These types of emotional and mental abuse tactics are often the precursor to physical violence. If you or a loved one are currently suffering from this type of non-physical abuse, do not wait until the situation escalates to take action.

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 Posted on June 27, 2022 in Family Law

The term “paternity” refers to fatherhood. Mothers and fathers in Illinois often have questions about how paternity works. Contrary to what many believe, paternity is not always automatically established by a baby’s birth. In some cases, parents must take additional action to formalize the child’s legal relationship with his or her father. The situation becomes especially complex when a mother is unsure of who the father is, or the father denies his paternity.

How Can I Establish a Child’s Legal Relationship with His or Her Father?

If parents are unmarried, they must establish paternity. The easiest way is to sign a document called a Voluntary Acknowledgement of Paternity (VAP) and submit it to the Illinois Department of Healthcare and Family Services (HFS). Paternity may also be established through an administrative order through the HFS or through a court order.

What if I Signed a VAP and Then Found Out I Am Not the Father?

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 Posted on June 23, 2022 in Divorce

Only a few short decades ago, telephones were landlines physically wired to a person’s home. Phones were used for making phone calls and little else. Nowadays, we use smartphones for calls, text messages, social media, searching the internet, shopping, and even paying our bills. Most people’s cell phones contain a shocking amount of personal information. Consequently, many divorcing spouses wonder how and when cell phone information can be used in divorce proceedings.

Gathering Text Message and Call Logs in a Divorce Case

The portion of the divorce in which both parties gather information is called discovery. Discovery often involves depositions, interrogatories, requests for production of documents, and other formal requests for information. Accessing evidence like tax documents or bank account statements is usually easier than gathering cell phone records. Unless a spouse willingly hands over cell phone data, which is unlikely in a contentious divorce, the most common way to get cell phone records is through a subpoena.

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