When parents with at least one child in common get divorced in Illinois and will share custody, they must file what is called a parenting plan. Parenting plans may also be needed for parents who were never married, but are separating. A parenting plan is more than a visitation schedule, and more than a child support order. Parenting plans include a wide variety of information and agreements or court orders. In many cases, parenting plans are developed by mutual agreement of the parents outside of court. These plans are of very high importance to both the parents involved and
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Kane County Divorce Blog
Latest from Kane County Divorce Blog - Page 11
What is a Voluntary Acknowledgement of Paternity?
In Illinois, there are several paths to establishing that you are the father of your child. If you are married to the mother around the time the baby is born, you will likely be declared the father automatically. If this is the case, you do not need to take any further steps to become a legal father as well as a biological one. However, if you are not married to the mother, you will need to take additional steps. In some cases, you may even need to go to court to have yourself declared the legal parent of your child.
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The Importance and Purpose of Premarital Agreements
It is crucial to understand the importance of a prenuptial agreement in marriage, including its purpose, benefits, and drawbacks before making a decision. Even if you do not plan on getting one, it’s helpful to have knowledge about it to be prepared in advance.
Understanding Premarital Agreements
A premarital agreement, commonly known as a “prenup,” is a legal agreement that two indiviuals sign before getting married or entering a civil partnership. Prenuptial agreements have been used for a significant amount of time, but they have become increasingly popular in recent years.
Premarital agreements can be helpful for many couples, but…
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Which Profession Has the Highest Divorce Rate?
There are variations in divorce rates among different professions. A recent study revealed that gaming managers–individuals who manage casinos–and bartenders bear the brunt of this reality, with a staggering divorce rate of over 50%. Working long hours outside conventional business hours can significantly strain a relationship, leading to its ultimate dissolution. In this blog post, we will explore the specifics of getting a divorce in Illinois, with a focus on professions that are particularly susceptible to high-risk situations.
Illinois Divorce Laws: No-Fault Grounds
Illinois updated their divorce laws in January 2016. Only “irreconcilable differences” is now a valid reason for…
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What is the Role of Psychological Evaluations in Litigation Involving the Allocation of Parental Responsibilities in Illinois?
In Illinois, figuring out custody and the allocation of parental responsibilities can be complicated and emotionally arduous, as parents tend to be strongly opinionated as to their wishes regarding their children. During the custody evaluation process, psychological evaluations are often requested to gain a better understanding of a parent’s mental health and psychological functioning. These evaluations can provide valuable insights into how a parent’s emotional state affects their ability to parent effectively. For legal assistance regarding this important matter, contact a skilled child custody lawyer to put yourself in the best position to pursue a favorable custody and case outcome. …
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Are Spousal Maintenance Payments Automatically Awarded in Illinois Divorce Cases?
Spousal support, commonly referred to as spousal maintenance or alimony, is a vital consideration in many divorce cases, assisting individuals in maintaining their financial well-being after divorce proceedings have been completed. Often parties in a divorce may be unaware of the factors determining whether spousal maintenance is paid or what amount should be paid to the requesting party. One widespread assumption is that spousal maintenance payments are automatically awarded in divorce cases. However, this is not the case.
Illinois provides guidelines as to determining whether spousal maintenance payments will be awarded. The final decision will rely upon the individual…
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Are Mothers Automatically Awarded Custody in Texas Divorce Cases?
One of the most common misconceptions about divorce law in Texas is that mothers are automatically awarded custody of their children. This is not true – in fact, Texas family law is designed to ensure that both parents have equal rights and responsibilities when it comes to their children. If you are going through a divorce and are concerned about matters related to custody, contact a divorce lawyer to ensure you understand your rights related to custody and other matters related to the divorce.
Texas Laws Regarding Child Custody After a Divorce
In Texas, child custody is broken down into…
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How Are Subpoenas Used in a Divorce Case?
Contested divorce cases are those in which the spouses disagree about one or more divorce issues. Disagreements about how marital property should be distributed between the spouses or who should have the majority of the parenting time with the children are just some of the circumstances that can lead to a contested divorce case.
Gathering relevant evidence from the parties is a crucial aspect of a contested divorce case. If the spouses are not willing to provide information voluntarily, various legal tools may be used to gather the necessary information, documentation, or testimony. Subpoenas are one such legal tool used…
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Co-Parenting Tips for Recently Divorced Individuals In Kane County
Divorce is one of the most challenging life events an individual can go through, especially when children are involved. Figuring out how to co-parent with your ex and create a stable, nurturing environment for your children can be very difficult. Good co-parenting requires flexibility, open communication, and a shared goal of doing what is best for the children. In this blog, we will discuss tips for successful co-parenting with an ex-spouse.
Communicate Frequently, But Get It In Writing
Even if your parenting plan spells out the terms of the parenting time schedule, allocation of parental responsibilities, and other parenting…
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Can You Get an Annulment in Illinois?
Most people are only vaguely familiar with the concept of marriage annulment. They may have heard about celebrity couples who get married only to have their marriage annulled a few days later or heard a rumor that you can get your marriage annulled if you have not had sexual intercourse yet. The reality of the situation is much more complex.
Annulment, or as it is called in Illinois, Declaration Of Invalidity Of Marriage, is permitted by Illinois law. However, you can only get your marriage annulled in a very narrow range of circumstances.
If you are married and wish…
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Creating a Safety Plan for Leaving an Abusive Marriage
Leaving a spouse who has physically harmed you, threatened violence against you or your children, or otherwise abused you is a frightening and complicated process. Having a safety plan in place is essential. As you develop your plan, keep the following considerations in mind. If you are ever in immediate danger, call 911 right away.
Consider an Emergency Order of Protection
In Illinois, emergency orders of protection are granted based solely on the testimony of the petitioner, or person requesting protection. In other words, your spouse does not need to be present or even be aware of the fact…
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Is My Spouse Entitled to My Social Security Benefits And Retirement Funds if We Get Divorced?
For working adults, retirement offers a much-needed break from the hustle and grind of their jobs. Unsurprisingly, what happens to retirement funds during a divorce is a top concern for many individuals planning to end their marriage.
Every case is different. However, it is not uncommon for a divorcing spouse to be entitled to part of the other spouse’s retirement assets.
If you are getting divorced and you have questions about how retirement assets or Social Security retirement benefits are handled during a divorce, make sure to work with an experienced divorce attorney who can give you personalized guidance.
401(k)s,…
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Parental Alienation: When a Parent Turns a Child Against Another Parent
The end of a relationship or marriage often brings out the worst sides of people. Sadly, children from the relationship often get caught in the middle. Parental alienation is a form of emotional abuse in which a parent intentionally turns his or her child against the other parent. The parent may tell the child lies about the other parent, punish the child for showing love or affection toward the other parent, or refuse to let the other parent spend time with the child.
Illinois courts do not specifically use the term “parental alienation” when referring to this type of behavior.
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Divorced Parents and College Expenses: What You Should Know in 2023
For many young people, May is a month filled with graduation parties, ceremonies, and making plans for the future. If you are a parent of a high school or college-aged child, it is important to understand how Illinois law handles college expenses when parents are divorced. Illinois is unique in that divorced parents are sometimes legally required to contribute to their child’s college education. Read on to learn more.
Splitting the Cost of Tuition, Books, Fees, Housing, and Other College Costs
Child support obligations typically end once a child becomes an adult. However, in Illinois, a parent may still…
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My Child’s Other Parent Gets Paid Under the Table. How Will This Affect Child Support?
As any parent can confirm, raising a child is costly. Tuition and other educational expenses, childcare, extracurricular activities, clothing, housing, and groceries are just some of the many expenses a parent will need to cover. Child support payments help distribute the cost of raising a child between the two parents.
Unfortunately, some parents try to pay less than their fair share of financial support. If your child’s parent receives cash income “under the table,” you may worry about how this will influence child support payments. In this blog, we will discuss how child support is calculated in Illinois and what…
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Legal Separation in Illinois: Your Questions Answered
There is a good deal of confusion and misinformation surrounding the concept of legal separation in Illinois. Many people use the word “separated” to refer to a temporary break from a spouse. Others use the word to refer to a permanent situation in which the spouses live separately. However, neither of these situations necessarily constitutes a legal separation.
A married couple who has legally separated benefits from specific legal protections under Illinois law. Being separated does not end a marriage, but it does allow the spouses to address many of the same types of issues that they would address during…
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