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Many couples who feel their marriage is failing file for divorce. But Illinois law offers another option that some couples find appealing: legal separation. Being legally separated allows two spouses to live separately but remain legally married. It is seen as a halfway point between marriage and divorce and has several benefits.
Sometimes, however, divorce may be the better choice. The best way to know which is best for you is to consult a skilled Illinois divorce attorney who can explain to you the pros and cons of each option.
This article will discuss what legal separation is, why
Continue Reading Can I Live With My Spouse if We Are Legally Separated?

Whenever a legal proceeding involves a child, such as a divorce or child custody case, a court can appoint a guardian ad litem. A guardian ad litem (GAL), which is Latin for “a guardian for the lawsuit,” is a person who advocates for a child’s interests in any court proceeding that involves an underage or mentally incompetent child. In Illinois, GALs are attorneys who have gone through extra training.
If you have questions about appointing a GAL for your child, it is best to consult with a family law attorney who can advise you.
This article will discuss what
Continue Reading Can I Change My Child’s Guardian Ad Litem in Illinois?

It is an incredibly difficult decision for someone to relinquish their parental rights. This conclusion is generally by people for whom life has been too tough to function as parents are expected to. Perhaps the parents are dealing with severe mental or emotional conditions or battling a substance addiction, and they are unable to give their child a suitable home regardless of how much they love them. In some cases, a relative of the parents may want to adopt the child. This can often be the best option for the child, although it can be a complex process for the
Continue Reading Can I Adopt a Child I Am Related to in Illinois?

In 2024, the Internet is simply a fact of life. As it has spread through every facet of modern society, people without smartphones have a difficult time staying on top of updates ranging from developments at their work, changes at their child’s school, their medical appointments, and even which groceries will be on sale on any given day. Social media networks are a crucial part of many people’s daily routines and are used for everything from wishing a happy birthday to beloved relatives, receiving payments, and even finding dates.
With all the advantages that increased access to social media has
Continue Reading How Can Social Media Affect My Illinois Divorce?

When you first arranged your divorce settlement, there were so many things that you and your ex needed to work out: Where would your children live? How often would each of you see them? Will either pay the other alimony? Who can make important decisions on your child’s behalf?  How much child support will you need to pay? What are you supposed to do if things in your life have changed from the way they were back then? If for example, you make monthly child support payments to your ex and now you are unemployed, are you expected to keep
Continue Reading What Happens to Child Support Payments if I Lose My Job?

Same-sex divorce may seem like a relatively new legal topic since same-sex marriage was only legalized in the past decade in many states. In fact, it was legalized about ten years ago in Illinois, effective as of June 1, 2014. Although same-sex divorce is not very different from divorce for a straight couple, what happens when a same-sex marriage ends is extremely different from what used to happen in the past. Before same-sex marriage was legal, a spouse would not legally inherit their deceased spouse’s estate, and instead, it would be liquidated and divided among any blood relations. And if
Continue Reading Same-Sex Divorce in Illinois

There are many reasons why divorce can be a complicated process. Some couples have an especially acrimonious split and the path toward drafting their divorce settlement is full of spite and anger. Every decision brings a fresh round of arguments. Some couples decide to get divorced because they were not compatible as a couple but they might still care for and appreciate each other. Even so, the emotions and disappointment they might feel can make the process unpleasant. 
The specific matters that need to be settled in a divorce can also make it difficult. Spouses need to agree on several
Continue Reading Will I Be Stuck Paying For My Ex’s Debt in an Illinois Divorce?

No two people are the same. And therefore, no two marriages are the same and no two divorces are the same. Different arrangements work for different people. Some feel so hurt and offended by their soon-to-be ex-spouse that there is no option other than a contentious divorce in court. Others recognize that they do not make sense as a married couple but still appreciate each other and, if they have children, would like for their child to feel safe and secure in either parent’s home. 
If the second category sounds more like you and your spouse, mediation might be a
Continue Reading Should I Consider Mediation for My Illinois Divorce?

Your children’s welfare is a paramount concern to the state of Illinois. Things like physical violence, neglect, or inadequate care are only some reasons that the Department of Child Protective Services (DCFS) may choose to take your child from their home. When under investigation by DCFS, do not hesitate to contact a DCFS investigations attorney to help safeguard your rights and keep your children with you where they belong.
When DCFS Comes For Your Children
A DCFS caseworker with an authorized court order is allowed to remove your child or children from the home. An emergency removal is also possible
Continue Reading Reasons DCFS May Take Your Children

Illinois law does not automatically acknowledge a child’s biological father as the legal father if a child’s parents are not wed. Instead, fathers looking to be acknowledged as the legal father of their children will need to establish paternity. Establishing paternity can protect a father’s rights to his children and provide either parent with the financial support he or she may need. An attorney can go over the finer points of how to establish paternity for your family.
The Benefits of Establishing Paternity
Establishing paternity has many benefits for parents wanting to create and maintain a parent-child bond. Establishing
Continue Reading Why Establishing Paternity is Good For Both Parents

There are potential advantages to choosing a legal separation over a divorce, most of which are financial and could be a good reason to remain legally married. Whether you prefer a legal separation or something more permanent like divorce, a skilled and experienced attorney can provide the advice and resources needed to navigate the legalities of the entire process.
What is the Difference Between a Legal Separation and a Divorce?
The primary and only relevant difference between the two is that in a legal separation, you are still considered married. Most important legal issues, such as child support and marital
Continue Reading Why A Legal Separation Might Be Better Than Divorce

In Illinois, all assets must be divided fairly and equitably among spouses. Complex property arrangements in a long-lasting marriage can make property division difficult once one spouse decides to file for divorce. Complicated finances weaved throughout a marriage can often contribute highly toward the complexity. An experienced divorce attorney understands the complexities and can help you navigate them during the divorce proceedings.
What Assets Are Commonly Involved in a High Asset Divorce?
Over the course of years, a marriage can accumulate an extensive collection of valuable assets that can often be difficult to divide during a divorce in a way
Continue Reading What Makes a High Asset Divorce So Complex?

Making the hard decision to give up parental rights is something that requires careful thought. A parent going through substance addiction or battling depression may not be the best fit for a child, no matter how much they are loved. In cases like these, it may often be the best course of action to seek related adoption with a family member willing to take the children in as their own. Before you consider giving up your child to a relative, educating yourself on the potential complications and working with an attorney experienced in these matters is important.
What is a
Continue Reading Relinquishing Parental Rights For Related Adoption

As society evolves, so too does the definition of family. Same-sex marriages are now recognized and protected by law in many parts of the world, including Illinois. Parental responsibility matters come to the forefront in a same-sex divorce as they would in any other divorce case. Illinois prioritizes the best interests of the child when determining parental responsibilities and rights.
Illinois recognizes various legal avenues to establishing parenthood. The court emphasizes the child’s best interests in parental responsibility allocations. Consulting an experienced divorce attorney can be invaluable in navigating these complexities. It can also help to ensure that the child’s
Continue Reading How Courts Determine Child Custody Rights in a Same-Sex Divorce

One of the most important concerns in a legal separation is figuring out what will happen to your children. It is important to put your children first and work together with your spouse to create a plan that is in their best interests. Failure to do so may require going to court to get a judge’s decision on child support and parental responsibilities. This can be a difficult process, but it is important to remember that the judge will make decisions based on your children’s best interests.
If you are considering legal separation in Chicago, it is important to speak
Continue Reading What Happens to My Children in a Legal Separation?

In Illinois, emotional abuse is considered domestic violence if it is used to control or intimidate the victim. The abuser can be charged with a crime, even if they do not physically harm the victim.
Emotional abuse is a form of domestic violence that is often overlooked. It can be just as damaging as physical abuse, and it can have lasting effects on the victim’s mental and emotional health.
Has someone caused emotional harm to you or someone you know? If you feel as though you are experiencing emotional abuse, there are many resources available to help you. The best
Continue Reading Is Emotional Abuse Considered Domestic Violence?