Posted on December 00, 0000 in Main

Determining who will get the house is often one of the biggest issues that must be resolved for people going through the divorce process. It is likely that a house is a couple's most highly valued asset, and the decision of what happens to the house is affected by several factors.

Equitable Division

Illinois is an equitable division of property state. Hence, property in a divorce is divided as fairly as possible. One spouse may end up with significantly more because the court awards property based on what each spouse contributed to the marriage. If one spouse had significantly higher financial earnings, the division of property may weigh heavily in that party's favor. But, it is important to note that the court also considers the value of a stay-at-home spouse.

There are only nine states that do not divide property under the equitable theory. Instead, these states are community property states. Under this division, all property acquired during a marriage is evaluated and split equally. Additionally, which spouse legally owns the property does not matter; if it was acquired during the marriage, it becomes community property.

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 Posted on December 00, 0000 in Main

When a couple is married, they will likely obtain a great deal of personal and real property during the course of their marriage, particularly when they are married for a significant period of time. Therefore, when a couple decides to divorce, how that property is distributed becomes a critical issue.

Agreement

Under Illinois law, divorcing parties may enter into a written or oral agreement containing provisions for the disposition of property owned by either party. This agreement is binding on the court unless it is found to be unconscionable. In determining whether an agreement is unconscionable, the court will consider the economic circumstances of the parties and any other relevant evidence. If the court finds that the agreement is unconscionable, it may request the parties to submit a revised plan or agreement.

Disposition of Property

If the parties cannot agree on the division of property, the court will have to become involved. The first step is to determine what property is marital property. Marital property is considered all property acquired by either party subsequent to the marriage, except for certain property that is deemed non-marital, which includes:

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 Posted on December 00, 0000 in Main

There are several important reasons why a single parent should legally determine paternity, such as to obtain support or to establish a family relationship. Furthermore, there are numerous ways in which paternity determinations can be initiated and resolved. If you are involved in a paternity dispute, it is important to understand the different ways legal paternity may be determined in Illinois.

The parent and child relationship is defined as the legal relationship existing between a child and his or her natural or adoptive parents. This is important because the law confers or imposes rights, privileges, duties, and obligations on this relationship. Illinois specifically states that it includes the mother and child relationship and the father and child relationship.

Presumption of Paternity

Under Illinois law, a presumption, rebuttable only by clear and convincing evidence, that a man is the natural father of a child exists if:

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 Posted on December 00, 0000 in Main

Ordinarily, an obligation to pay child support ends when a child reaches the age of 18 or graduates from high school, whichever occurs later. However, under certain circumstances, a support obligation may continue beyond age 18 and graduation from high school.

Child Support in Illinois

Under Illinois law, a child support order must state a date when the support obligation ends, which cannot be earlier than the date on which the child will turn age 18. However, if a child turns 18 while still in high school, the support obligation must continue until the child graduates from high school or until he or she turns age 19.

However, in Illinois, a judge may award support for a child who has attained majority under the following circumstances:

• When a child is disabled and not otherwise emancipated; or
• To provide for the educational expenses of a child or children.

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 Posted on December 00, 0000 in Main

Divorce is often considered to be an adversarial battle. However, this does not have to be the case. While it is not appropriate for everyone, the process of collaborative divorce can work very well for certain couples. If the parties in a divorce can set aside their differences and cooperate with one another, a collaborative divorce may be a more efficient and less contentious alternative to the traditional divorce process.

What is Collaborative Divorce?

During a divorce, issues such as property distribution and child custody must be resolved. Under a collaborative divorce, a couple cooperates to make these important determinations. Both parties retain their own attorneys who are specially trained in collaborative divorce. All four people come together regularly in an attempt to arrive at an agreement. The focus of a collaborative divorce is to resolve the issues in a civil manner, without placing blame on anyone.

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 Posted on December 00, 0000 in Main

During a divorce proceeding, a child support obligation is often a critical area of consideration. When divorcing parties have a minor child, a determination regarding child support must be made. The court will usually set the amount of child support according to guidelines that are codified under Illinois law. In certain circumstances, however, the court will consider other factors and deviate from the guidelines when making the determination of how much child support should be ordered. Additionally, the court can order either or both parents to provide for certain other expenses, such as healthcare or education.

However, even though a support obligation is ordered by the court, it does not mean that the obligation will always be followed. For custodial parents faced with an uncooperative non-custodial parent, there are several ways in which a support obligation may be enforced.

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 Posted on December 00, 0000 in Main

There are several ways in which child custody may be organized, and understanding the differences can enable parents to make the best choices for their children.

Most people are aware of joint custody—one parent has physical custody of his or her child for a majority of the time while the other parent pays child support and has visitation rights. However, a hybrid form of joint custody, called shared custody, is starting to gain popularity throughout the nation. Under shared custody, a child spends alternating blocks of time with each parent. The alternating block of time can be of any duration, but it is usually best in one or two-week periods. In most situations, a child spends approximately the same amount of time with each parent.

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 Posted on December 00, 0000 in Main

Upon divorce in Illinois, it is possible that one spouse may be awarded, and the other spouse ordered to pay, maintenance. Maintenance is support for one spouse from the resources of the other spouse. The issue of whether, and in what amount, maintenance may be awarded is often a critical issue for divorcing couples.

The most significant form of maintenance is permanent or indefinite maintenance, which is awarded when it is unlikely that a spouse will ever be able to find and secure sufficient employment from which to support themselves. A spouse may not be able to secure employment because he or she suffers from a serious illness. Or, he or she may have forgone employment or education in order to care for the home, particularly if children are involved.

Other forms of maintenance include: temporary, rehabilitative and reviewable maintenance. Temporary maintenance may be granted for the period during which the divorce proceedings are pending or until the final judgment is entered. Rehabilitative and/or reviewable maintenance may be granted to allow for a spouse to complete education that will enable the spouse to support him or herself through the securing of gainful employment.

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 Posted on December 00, 0000 in Main

Upon completing the divorce process, it is very likely that one's circumstances will change at some point in the future. This is particularly true if a couple divorces at an earlier stage in life. If the changes are significant, upon notice and motion, it is likely that a court will order a modification of maintenance and/or child support awards.

Changes that May Result in Modification

In order for a petitioner (the person requesting modification) to obtain a modification of maintenance or support, he or she must prove that a substantial change in circumstances has occurred. Examples of changes that may give rise to modification include, but are not limited to, the following:

1. Promotion or a new job that results in a substantially higher salary;
2. Loss of a job or a substantial decrease in pay;
3. Disability;
4. Remarriage or having another child;

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 Posted on December 00, 0000 in Main

The age range of adopted children varies widely and, depending on one's circumstances, adopting parents may consider several factors prior to making a final decision.

Adopting a Young Child

Adopting parents may desire to have the same experiences as biological parents and therefore prefer to adopt infants or very young children. In certain circumstances, biological parents may agree to place a child with adoptive parents prior to the child's birth. In these situations, adoptive parents can even be given custody immediately upon the child's release from the hospital.

The adoption of a young child allows adopting parents to provide the child with preferable health care at a very early age. Thus, parents have a more complete medical history of the child.

Finally, adopting a young child allows parents to provide the type of education they believe is best for the child at an early age—a young child has a more limited development of ideas and personality.

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