Posted on September 25, 2019 in Family Law

When a baby is born to a married couple, the mother’s husband is assumed to be the father of the child. Paternity is the legal definition of a father’s relationship with the child. When a father establishes that he is legally the father, he has rights to the child, such as parenting time. This is what legally differentiates him from anyone else, such as a family friend or other father figure. Establishing paternity not only strengthens the relationship between father and child, but the child will also benefit.

Ways to Confirm Parentage

The only way paternity is automatically established is through marriage. Even if the parents of a child live together, or are engaged to be married, paternity will need to be established another way. The only exception is if the mother was married, or in a civil union, at least 300 days before the birth. In these cases, her partner or former partner will be assumed to be the child’s father. 

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 Posted on September 18, 2019 in Divorce

The divorce rate is currently at its lowest in 40 years, and this decrease in divorces is widely attributed to younger generations delaying marriage. In fact, 15- to 24-year-olds have contributed the most to this average decrease, with a 43 percent drop in divorce rates for this age group. As societal norms change, younger people are waiting longer to get married. A lot of couples choose to live together for a number of years before entering into a legal union. Although the overall percentage of divorces has decreased recently, many couples still choose to end their marriage after careful consideration. 

Issues That Can Destroy a Marriage

Most couples do not enter into marriage expecting to get divorced. However, it can happen due to various factors that cause the breakdown of the relationship, such as:  

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 Posted on September 11, 2019 in Divorce

A person will likely experience many changes after getting a divorce. One spouse may move to a different city or state to get a fresh start. If children are involved, a parenting plan will be created to allocate parental responsibility and scheduled parenting time, among other things. Also, finances will be affected, since the spouses will no longer be sharing incomes. Another adjustment for a newly single person will be how he or she files taxes at the end of the year. An individual’s tax filing status will be different after a divorce, especially if children are involved. 

Filing Status

Depending on when the divorce is finalized will determine how a couple can file. If the divorce is final before December 31 at 11:59 p.m., each party must file their own individual tax return for that year. However, if the couple remains married at this time, they may choose whether to file taxes jointly or individually. A single person often can only claim one allowance, but a married couple has access to several. 

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 Posted on September 04, 2019 in Divorce

Any person who grew up with divorced parents will tell you it is not easy. Although the divorce rate in the United States has decreased, slightly less than half of all marriages still end in divorce. Traditionally, two people get married and then start a family, so children are often caught in the crossfire of a divorce. Studies have shown that children of divorce are more likely to marry another person with divorced parents, and those couples are more likely to get a divorce themselves. If the cycle of divorce continues, it is important for parents to learn how to communicate with their children about the end of their marriage. 

Open Communication

How the discussion of divorce should be handled will depend on the age and emotional maturity of a child. If there are multiple children with significant gaps in age, it may be best to individualize these discussions. Some of the most important aspects of these conversations include being open and honest while talking to children about divorce. Expect a wide range of reactions and emotions, which could go on for a period of time, even after the divorce is final. Some tips for discussing divorce with children of different ages include:

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 Posted on August 23, 2019 in Divorce

Before a divorce, most parents care for their children together under one roof. Once a divorce is finalized, parents will need to continue providing the same level of care for children while living in separate households. This can be a difficult adjustment for parents, especially if there is bad blood between them. The goal for successful co-parenting is for a child to be minimally affected by a divorce, and a parenting plan can help achieve that. 

What Is a Parenting Plan?

In Illinois, when adults with children get divorced, how the child is taken care of after the split is determined by a parenting plan. This plan is a court order signed by a judge, to which both parents agree. The parenting plan dictates who has parental responsibilities for the child (custody), as well as parenting time with the child (visitation). For example, a parenting plan may state that the child will spend the weekdays with one parent, and the weekends with the other. No matter how it is organized, a judge will only sign off on the plan if it is believed to be in the best interests of the child. 

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 Posted on August 16, 2019 in Divorce

Planning a wedding requires a lot of work, but getting a divorce has just as many challenges. After being served with divorce papers, it may be difficult to know what to do next. If you and your spouse were married for a long time, going through a divorce means figuring out how to split the life you two created together. Although it is possible to go through a divorce without legal representation, it is recommended to speak with a lawyer to leave the marriage confidently. There are many variables to a divorce, and if your spouse has an attorney, you will be at a significant disadvantage if you do not. An experienced divorce lawyer will know which questions to ask and the necessary actions to take to ensure you get the most out of your divorce settlement. 

Marital Issues That Need to Be Addressed

When sitting down with a lawyer, be sure to discuss the following topics regarding your divorce:

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 Posted on August 09, 2019 in Divorce

When two people decide to get a divorce, it is not only their marriage that is splitting. Everything that a couple built together will be divided. In regards to assets, Illinois is an equitable division state. Unlike a community property state, which splits marital assets 50/50, Illinois divides property based on what is fair. When it comes to the family home, it will be given to whomever the court deems is deserving based on certain factors surrounding the marriage. The other spouse will likely move to another location, and the couple's children will usually split their time between the parents' homes.

Factors Considered for Division

• Contribution to the marriage: When dividing marital assets, such as the home, the court will review and consider what each spouse contributed to the marriage. If one spouse gave up his or her career to raise children, that can be considered a significant contribution. In many cases, the other parent may have traveled for work and was gone for long periods at a time, so one parent staying home was a necessity to maintain the household. The court also considers economic circumstances such as employment-related issues such as income earned or the income-earning potential of each spouse. This factors into whether or not a person can afford to make mortgage and property tax payments on a house. 

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 Posted on August 02, 2019 in Divorce

Divorce brings changes to all members of an immediate family. Instead of giving custody to one parent over the other, Illinois allocates parental responsibility and parenting time through a parenting plan, which is a court order that maps out how a child will be taken care of after divorce. This schedule includes details such as when a child stays with each parent. The parenting plan will also specify how decisions are made for education, religion, and medical care are covered, as well as who has the authority to make these decisions. Things like school and extracurricular activities will be taken into consideration when creating this plan, and it is best if co-parents can communicate with each other about expectations during the school year. 

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 Posted on July 25, 2019 in Divorce

Many married people fear getting divorced, especially if they have been together for a long time or have children. If someone has been divorced once before, the stakes can seem even higher if he or she is contemplating a second divorce. It is often stated that half of the marriages in the United States end in divorce. However, the actual statistic is less than half, with first-time divorce rates decreasing since the 1980s. However, the rate for second marriages to end in divorce is between 67-80 percent. Third marriages end at an even higher rate. Even if someone has gone through a divorce before, it is important to seek legal guidance, because each marriage and divorce is unique. 

The Divorce Process in Illinois

Everyone has their own reasons for deciding to get a divorce, but some common reasons include infidelity, different life goals, unmet expectations, or falling out of love. People sometimes marry after a brief courtship, and they do not have time to discuss important issues involved with marriage, such as career goals or having children. 

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 Posted on July 18, 2019 in Child Custody

When parents decide to get divorced, the future of their child will be one of their primary concerns. No parent wants to give up time with his or her child, but when a couple splits up, changes to parent-child relationships are inevitable. During their divorce, parents should be sure to understand how Illinois law will affect decisions about the allocation of parental responsibilities.

What Is Parental Responsibility?

In 2016, the word “custody” was removed from Illinois family law and replaced with "allocation of parental responsibility." Another common term, “visitation,” was replaced with "parenting time." Parental responsibility includes the right to make decisions for a child, and it is usually shared by both parents in some capacity, unless one parent is seen as unfit. These decisions involve religion, education, medical care, and other important choices a parent makes for a child. 

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