Posted on December 17, 2021 in Paternity

When a child’s parents are married, there is usually no question about the identity of the child’s father, and both parents will have the legal rights and obligations that come with parenthood. However, when a child is born to unmarried parents, additional steps will need to be taken to legally establish paternity. In many cases, this is done by signing a Voluntary Acknowledgment of Paternity (VAP) form. When doing so, parents will need to understand their rights and requirements, and they may also need to address other related legal issues.

Issues That May Affect a Voluntary Acknowledgment of Paternity

Until paternity is established, a father may not be recognized as a child’s legal parent. If the parents are in agreement that a man is the child’s biological father, they can sign and submit a VAP form together. This form may be provided at the hospital where a child is born, but it is also available from other state and local government offices, such as a county clerk, and it may be signed at any time after a child is born. After a father is recognized as a legal parent, he will have the right to share in child custody and parenting time, and he will have an obligation to provide child support.

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 Posted on December 15, 2021 in Prenuptial & Postnuptial Agreements

For many married couples, a prenuptial agreement can provide a sense of security, ensuring that they will be able to avoid uncertainty and minimize conflict in the case of a divorce. By using a prenup to make decisions about issues such as property division and spousal maintenance ahead of time, spouses can protect their financial interests and make sure they will each be able to move forward successfully following the end of their relationship. However, there are some cases where a prenuptial agreement may be challenged by one party. While these challenges may be based on a variety of factors, one common reason a spouse may believe that a prenup should not be enforced is that it is unfair. By understanding when this type of challenge may be made, spouses can determine the best ways to approach these situations.

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 Posted on December 15, 2021 in Uncategorized

The holiday season can be stressful for anyone. Buying gifts for loved ones and coordinating holiday celebrations and family get-togethers can take up a great deal of time and energy. These issues can be even more difficult to deal with for those who have recently ended their marriage or are in the midst of the divorce process. If you are a divorced or unmarried parent who shares custody of your children, you may need to make major changes to your normal holiday plans, and both you and your children may experience emotional struggles as you adjust to new arrangements. Fortunately, there are some positive steps that you can take to make sure you will be able to enjoy the holidays with your children. These include:

• Set expectations - It is important to make sure everyone understands the holiday parenting time schedule well in advance. You can communicate with the other parent to determine when children will be staying with each of you and when children will be picked up or dropped off, while also addressing any other issues related to the time children will spend in each of your homes during their winter break from school. You will also want to discuss these plans with your children and answer any questions they may have about the holiday schedule or other related concerns.

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 Posted on December 10, 2021 in Child Support

Parents have the obligation to provide financial support for their children. To ensure that children will have the resources that will fully address their ongoing needs, child support will usually be ordered in cases where married parents choose to divorce or when unmarried parents are separated. In many of these cases, one parent will have primary physical custody, meaning that children will live with them the majority of the time, and this parent will usually receive child support payments from the other parent. However, there are some situations where parents may have equal or 50/50 custody, and determining the parents’ child support obligations in these cases can be more complex.

Child Support and Shared Physical Care

In Illinois, child support obligations are calculated by taking the income earned by both parents into account. These obligations are determined by considering the amount that married parents would usually be expected to spend on child-related expenses. The state of Illinois uses tables that detail the appropriate amount of support based on parents’ combined income and their number of children.

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 Posted on December 08, 2021 in Divorce

There are multiple situations where family members may need to address legal issues. These disputes can become very contentious, especially when parents or other parties disagree about what is best for children. In some cases, divorcing spouses, parents who need to address issues related to child custody, or other family members involved in children’s lives may become concerned about children’s safety, physical and mental health, and overall well-being. To ensure that children will be protected from harm or to address other concerns about the safety of family members, psychological evaluations may be performed.

Reasons for a Psychological Evaluation

In family law cases involving children, the court’s primary focus will be to protect children’s best interests. While parents are generally presumed to be fit to care for their children, there are some situations where a parent or other family members may be concerned that children will be at risk of physical or emotional harm when in a parent’s care. One or more parties involved in a case may request a psychological evaluation of either or both parents, and children may also be evaluated to gain a better understanding of their relationships with their parents and any issues that may affect their well-being. A judge may also order psychological evaluations if they believe that they need additional information to help them make decisions about child custody.

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 Posted on December 06, 2021 in Divorce

The decision to pursue a divorce is usually not an easy one. However, if your relationship with your spouse has broken down, ending your marriage may be the best option for you, your children, and your family. Rather than living in a tension-filled home and dealing with the stress of regular arguments or disagreements over finances and child-related issues, you can make plans to leave this situation and live a happier, more fulfilling life. As you get ready to end your marriage, you can make the process easier by taking steps to prepare for the divorce process and ensure that you will be ready to address the legal and financial issues involved in ending your marriage.

1. Start Saving Money

Your divorce itself will involve a number of expenses, including legal fees, court costs, and money that will be paid to the attorney you hire to represent you. As you prepare to make changes to your living arrangements, you may also encounter a variety of other expenses. You may need to address moving costs and put money toward rent or mortgage payments, utilities, purchasing new furniture or appliances, and other household expenses. To ensure that you will have the financial resources you need, you can begin saving money ahead of time. However, it is important to understand that the money you save will be considered marital property, and you may be required to divide these funds with your spouse along with other assets that the two of you own together.

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 Posted on December 03, 2021 in Divorce

A divorce will affect spouses in multiple ways, and they will need to address a wide variety of issues as they make sure they will be able to move forward successfully and establish new lives separate from each other. However, a person who relies on their spouse to provide for their family’s financial needs may be concerned about their ability to provide for themselves following their divorce. This can be a significant concern for stay-at-home parents, since a person who does not work outside the home may worry that they will need to seek employment and make arrangements for childcare. In some cases, these issues may be addressed through spousal maintenance (also known as alimony) in which one spouse will pay financial support to the other following the couple’s divorce.

Eligibility for Spousal Maintenance

Following a divorce, both spouses should be able to maintain their standard of living. While spouses will need to make some adjustments, they should each be able to continue living in a way that they were used to while they were married. Divorcing parents will want to avoid upending their children’s lives and making major changes that could affect children’s emotional health and their ability to succeed in school or live comfortably at home. To avoid these types of disruptions, a stay-at-home parent should be able to continue serving in this role after ending their marriage.

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 Posted on November 30, 2021 in Cohabitation

Couples who are in a long-term relationship will usually choose to get married. However, there are many couples who live together, share income and expenses, have children, and enjoy the same type of relationship as a married couple without uniting together in a legal partnership. Couples may choose to do so because they do not see the need for a religious wedding ceremony, because they wish to maintain some independence, or for a variety of other reasons. A couple that wishes to remain unmarried will need to understand how this will affect their rights and responsibilities, including how matters will be handled if they choose to break up in the future. Those who are looking to protect their rights and interests may want to consult with a family law attorney to address these issues.

Rights of Partners in a Breakup or a Divorce

Some states recognize common-law marriage, and if a couple lives together for a certain amount of time, they will be considered to be legally married. However, Illinois is not one of those states, and unmarried couples will not be afforded the same rights as married spouses. This means that if an unmarried couple ends their relationship, issues may be addressed differently than they would during a married couple’s divorce.

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 Posted on November 30, 2021 in Family Law

Originally published: June 12, 2019 -- Updated: November 30, 2021

UPDATE: If a guardian ad litem has been appointed in your divorce or child custody case, you will not only need to understand the procedures they will follow as described below, but you will need to prepare for how you will work with the GAL to address your children’s needs and best interests. When answering a GAL’s questions or responding to their requests, it is important to do the following:

• Be honest and cooperative - You will want to answer all of the GAL’s questions honestly while demonstrating that you can provide for your children’s best interests. Be sure to answer the GAL’s phone calls or emails promptly, and work with them to make arrangements for visiting your home and observing you while you are with your children. Your goal will be to demonstrate that you are a good parent who wants what is best for your children.

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 Posted on November 19, 2021 in Divorce

Even though smartphones are a relatively recent invention, they have become an essential part of many people’s daily lives. Using a phone to send text messages, perform online searches, look up directions, and complete other activities can be very convenient, but one of the primary benefits these devices offer is the ability to connect with and communicate with others. Browsing social networking sites such as Instagram, Facebook, TikTok, and Twitter, sending messages to friends and acquaintances, and posting photos, videos, and status updates are all activities that people do on a daily basis. However, for those who are going through a divorce, these activities may have some unintended consequences. By understanding how certain uses of social media may affect the divorce process, you can avoid doing anything that may make it more difficult for you to end your marriage quickly and efficiently.

Social Media “Don’ts” During Your Divorce

As you work to resolve the issues that must be addressed when ending your marriage, you will want to be sure to avoid the following:

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