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Can Men Get Alimony in Kane County, Illinois?

Posted on in Divorce

Kane County Alimony LawyerIn 1989, about ten percent of stay-at-home parents were men. That number had nearly doubled by 2016. As traditional gender roles fade and families take unique approaches to raising children and maintaining a home, more and more men are choosing homemaking and family life over a career. Furthermore, about 30 percent of modern wives make more money than their husbands.

If you are getting divorced, you may be worried about the financial consequences of ending your marriage. If you are disabled, out of work, or have chosen to sacrifice your career in lieu of family or household responsibilities, you may be dependent on your spouse’s income to make ends meet. Fortunately, divorcing men may be entitled to alimony or spousal maintenance.

Divorcing Husbands May Be Entitled to Spousal Support

Alimony, spousal support, and spousal maintenance are all terms used to describe payments that a spouse makes to the other spouse after divorce. Traditionally, the payers of spousal maintenance were men, and the recipients were women. However, men have the same right to spousal support as women. Federal and Illinois state laws do not discriminate against divorcing spouses on the basis of gender.

Kane County Family Law AttorneyReports show that approximately 40 percent of babies are born to unwed parents. In Illinois, a parent’s marital status can affect parentage and paternity issues. Whether you are a mother or father, or you soon will be, it is important to understand how Illinois paternity laws may influence your situation. Child support, child custody, and several other important matters hinge upon parentage.

How to Establish Parentage in Illinois

Most parentage issues are paternity issues affecting fathers. Because the mother gives birth to the child, there is rarely doubt about who a child’s mother is. When a mother gives birth, she is automatically the child’s legal parent. If the mother is married or was married at the time of conception, her husband is considered the father.

In the case of unmarried parents, paternity may need to be established. A Voluntary Acknowledgement of Paternity (VAP) is a document used to confirm the identity of a child’s father. A father should only sign a VAP if he is sure that he is actually the child’s biological parent. If there is doubt about who the child’s father is, the child and presumed father may need to undergo DNA testing to confirm their biological relationship.

How Are Subpoenas Used in Illinois Divorce Cases?

Posted on in Divorce

Kane County Divorce LawyerIn an ideal world, parties in a divorce case would be cooperative and respectful. They would freely disclose financial information, hand over necessary documents, and negotiate divorce issues in good faith. Unfortunately, this rarely happens. Divorcing spouses and other relevant parties in a divorce may sometimes refuse to cooperate with requests. In this case, the court may issue a subpoena that requires the party to take certain actions.

What Is a Subpoena?

A subpoena is a court order requiring a party to do something under penalty of law. Ignoring a subpoena can lead to charges for contempt of court. Failure to comply with a subpoena is punishable by hefty fines and even jail time. Often, subpoenas force a party to provide evidence or testimony in a court case.

Why Are Subpoenas Used During Divorce?

In the context of divorce and family law cases, subpoenas are sometimes used to compel a spouse or other party to provide some type of information that is relevant to the case.

Kane County Divorce LawyerOwning your own business can be a fulfilling and lucrative way to earn a living. Whether you are a business owner or a non-owner with significant business interests, it is important to consider how business assets will be dealt with during divorce.

Businesses Are Treated Like Other Forms of Property in an Illinois Divorce

The Illinois Marriage and Dissolution of Marriage Act explains how property is addressed in a divorce. Assets acquired during the marriage are marital property belonging to both spouses. Non-marital assets are those assets that a party owned before the marriage. However, there are exceptions to these guidelines. Businesses, professional practices, investments, and business interests are subject to the same property division rules as any other asset in a divorce.

Determining Ownership Rights May Be Complicated

Understanding if your marriage is marital or non-marital property is not always easy. For example, consider a husband who owned a small business before marrying. According to Illinois law, property acquired before marriage is non-marital property belonging solely to the spouse who originally obtained the asset. However, if money from a joint account was used for the business or the other spouse contributed to the business’s increased value, the business may be classified as marital property.

Can I Get My Marriage Annulled in Kane County, Illinois?

Posted on in Annulments

Kane County Divorce LawyerNewlyweds are usually portrayed as doe-eyed romantics enjoying the beginning of a happy marriage. However, marriage does not always work out this way. Many newlyweds find themselves regretting their marriage vows. Spouses in this situation may wish to get their marriage annulled. However, annulments are only possible in certain situations. If you cannot get an annulment, your only option for ending your marriage is divorce.

How Can You Get Your Marriage Annulled?

Many people misunderstand what an annulment actually is. They assume that annulment is a shortcut to divorce. In reality, divorce and annulment are two different legal procedures. Divorce ends a marriage. Annulment states that a marriage was never valid to begin with.

Annulment, or as it is called in Illinois, “Declaration of Invalidity of Marriage” is only possible if there is an issue with the marriage that makes the marriage invalid or prohibited by law.

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