As a couple experiences the process of divorce, a lot of anxiety can be burdened on their children. No matter what is said or done throughout the divorce proceedings, one thing is absolutely clear: the children require the highest level of support and care available to them. A separation is a big deal to a child, and the end result of the divorce proceedings is critical in shaping the rest of that child’s life. Custody law is no laughing matter, and you need to hire an expert whoContinue reading
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VISITATION WITH UNRELATED CHILDREN 750 ILCS 5/607
In Illinois, visitation rights with children of married and unmarried parents is governed by 750 ILCS 5/607, and it is established using a “best interests” standard. A party seeking to restrict visitation must prove to the court that regular visitation would create a “serious endangerment” to the child. In a recent divorce case I represented the father of two children. His wife also had a child from a prior relationship, and that child had no relationship with her biological father. After five years of marriage a divorce wasContinue reading
ESTABLISHING CHILD SUPPORT – 750 ILCS 5/505
In Illinois the law under which child support is established is 750 ILCS 5/505. It applies to children of married parents (pursuant to the Illinois Marriage and Dissolution of Marriage Act) as well as to children of parents who never married (ie: parentage cases pursuant to the Illinois Parentage Act of 1984). In both circumstances the Court is entitled to set child support based on a percentage of the non-custodial parent’s net income. The Court has the ability to award child support retroactive to the date the requestContinue reading
What Is An Uncontested divorce?
If you aren’t sure what people mean when they talk about an uncontested divorce, just know that it means the divorcees are able to come to a mutual agreement on the main aspects of the separation without going to court. This is an attractive option to many divorcees because of two main reasons. Firstly, both parties can facilitate their divorce without the courts becoming involved. Because they are in agreement with their choices, there is no need for a judge. Secondly, they become legally separated after a certainContinue reading
Are lump sum child support buy-outs allowed in Illinois paternity cases?
LUMP SUM CHILD SUPPORT BUY-OUTS IN ILLINOIS PATERNITY CASES ILLINOIS PARENTAGE ACT OF 1984 (as amended) Back in the late 1990’s the unmarried parents of a child reached an agreement for the father to pay the mother a lump sum of $50,000 for current and future child support including medical expenses, college expenses, extracurricular activity fees and all other financial responsibility. They further agreed that the Father would not have visitation with the child. To formalize their agreement, the filed an action to establish his parentage of theContinue reading
What You Need to Know About Child Custody in Divorce Cases
Divorce is one of the most stressful experiences of your life, and of the lives of your children. Here are some facts to help you find your way through the maze and get the best outcome for your children at this difficult time. What is Child Custody? Child custody is a legal term describing the relationship between a child and their parent. Divorce usually involves the parents living separately, so they need to agree on appropriate care for their children. Child custody has two elements. Legal custody isContinue reading
Do I Need a Lawyer For An Uncontested Divorce?
Breaking up with your spouse is a stressful and emotional time, and it’s natural to think that hiring a lawyer will complicate things even further. If both you and your spouse agree it’s the right thing to do, here are some tips to help you get ready for your divorce. What Is An Uncontested Divorce? An uncontested divorce is when you and your spouse agree on all the big issues involved in ending your marriage, such as: dividing your property dividing your debt child custody and support ThisContinue reading
Things to Keep in Mind when Determining Who Should Have Child Custody
Divorce law usually varies from state to state in the USA. The laws existing in individual states govern divorce cases. Dissolution of marriage is actually a legal process in which a marriage is legally terminated. Divorce is not an issue in isolation and the divorce law requires resolution of several issues including distribution of property spousal support, division of debt and most importantly child custody and child support. Usually Joint Guardianship When dissolution of a marriage takes place child custody becomes a pivotal issue and the Court ofContinue reading
Things you Should Be Aware Of When Filing For Divorce
Filing for divorce may seem like a difficult thing to do but once you understand what it involves, it is fairly easy to manage. Furthermore, you will always have the guidance of your family law attorney to ensure you do the right thing. Divorce is not a very complicated process, but for it to proceed smoothly you should know the various things involved. For instance, there are rules for every little aspect – like the splitting of property, finances, child custody and so on. When you are filingContinue reading
Ways to Cope With An Impending Divorce Trial
Everybody hopes to have a good, stable family life and that is the why many people choose to get married and have children. Sometimes though, things just don’t work out and it is just inevitable that a divorce happens. Couples going through a divorce can end up going through great amounts of emotional problems. Couples with children will also have to ensure the children do not get affected by the divorce. The divorce trial itself is a tough time because both parties fight each other and blame eachContinue reading