The Law Office of Christina Martell

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Whether it came out of the blue, or whether times in your marriage have been tough for a while, it is frightening to hear your spouse say, “I want a divorce.” Most couples who file for divorce are unprepared, and they are often not even on the same page. If you have children together, that can make the proceedings even more challenging. There are many issues that will need to be addressed, including the allocation of parental responsibilities (child custody) as well as the division of assets and property. You and your spouse may not agree on how these
Continue Reading 5 Tips for What to Do if Your Spouse Asks for a Divorce in Illinois

Family is an important part of life. Because of this, many couples who are looking to start or expand their families turn toward adoption. According to the Donaldson Adoption Institute, 6 in 10 Americans have had a personal experience with adoption. This means that they themselves, a family member, or friend was adopted, had adopted a child, or had put a child up for adoption. There are many factors that can influence your decision to adopt. If you are considering adoption, it is a serious endeavor that should not be taken lightly. Whether you plan on adopting as a foster
Continue Reading 5 Factors to Consider Before Adopting a Child in Illinois

You have found your dream home, made an offer, and have been notified that your offer was accepted. However, you should not celebrate just quite yet, as a number of different items must be completed before the previous homeowner can hand you the house keys. The closing, also known as completion or settlement, is the final step within a real estate transaction. Your closing date will be established, and it will usually be several weeks after your offer has been accepted. Once the closing is complete, the house will officially become yours. Read on to learn a few things
Continue Reading The Top 5 Things Not to Do Before a Real Estate Closing

The state of Illinois has established spousal support guidelines for those in the midst of a divorce. Spousal support, also referred to as alimony or maintenance, is a court-ordered payment one spouse must pay to the other for an extended period of time. Spousal support is calculated by taking 33.33 percent of the payor’s net income minus 25 percent of the receiver’s net income. The final calculation, when added to the receiver’s income, cannot surpass 40 percent of the spouses’ combined net income. In the event the final calculation is above 40 percent, it will be reduced to meet
Continue Reading 4 Things Divorcing Couples Should Know About Illinois Spousal Support

A child’s best interest is the key focus of any custody decision in an Illinois divorce. If parents do not agree on child-related issues, Illinois courts will intervene, and they usually favor a shared parenting arrangement. However, if a parent is believed to be a danger to the child, that parent may not be allocated any of the parental responsibilities, or their time with the child may be restricted or supervised. The job of the Illinois Department of Child and Family Services (DCFS) is to protect children. If they see, hear, or believe a child is a victim of
Continue Reading How Do Child Abuse Allegations Affect Illinois Child Custody Disputes?

There are hundreds of thousands of children in the world who do not have a loving home or parents who can provide them with affection and care. Approximately 135,000 children are adopted each year, and many of them are unaware of their birth parents or family members’ names, appearance, or ethnicity. According to Illinois statutes regarding adoptive children, information about the child’s birth parents and family may be shared and can be used to reconnect in the future. If available at the time of the adoption, the information is typically given to the adoptive parents. The parents can present it
Continue Reading What Are Adoptive Children’s Rights Regarding their Birth Parents?

Not every divorce is amicable, and some are highly contentious. In certain situations, parents may be unable to reach an agreement about the allocation of parental responsibilities and parenting time, and these matters may be left up to a judge to decide. In these cases, a guardian ad litem, also known as a “GAL,” may be appointed by the court. A GAL serves as an attorney who represents the children, ensuring that their best interests will be protected. In a sense, they act as the “eyes and ears” of the courtroom. It is important to understand the legal role a GAL
Continue Reading What to Expect if a Guardian ad Litem Has Been Appointed in Your Divorce

A divorce can be challenging for all the involved parties, including for a child the couple had together. Many changes will take place once the final decree is issued. Whether you and your spouse and your attorneys plan to resolve the allocation of parental responsibilities (child custody) in or out of divorce court, you will want to make sure you are putting your child’s best interests first. According to the United States Census Bureau, about five out of every six custodial parents were mothers (82.5 percent), and one out of every six were fathers (17.5 percent) in 2014.
When addressing
Continue Reading 6 Ways to Keep Your Child’s Best Interests in Mind During Custody Disputes

The decision to divorce can be difficult for many couples, regardless of whether they were married a few years or a few decades. According to the Illinois Marriage and Dissolution of Marriage Act, a divorce may be granted when “irreconcilable differences have caused the irretrievable breakdown of the marriage” and efforts at reconciliation have failed or future attempts to reconcile would not be in the best interests of the family. Illinois is known as a “no-fault” state, meaning one or both spouses do not need to find an issue within their marriage, such as violence, substance abuse, or adultery, to
Continue Reading What Are the Advantages of an Uncontested Divorce in Illinois?

The act of adopting a child can transform lives. Couples who cannot have biological children of their own often provide a loving and safe home for a deceased family member’s child, an orphan, or a neglected child. Due to the nature of this responsibility, adoption can be a long and complicated process. Regardless if it is a related, domestic, or international adoption, there are many legal steps to complete. Approximately 135,000 children are adopted in the United States every year. Adoptions can take place through the foster care system, private domestic and international agencies, or between family members. It is
Continue Reading What Are the Illinois Adoption Laws?