Posted on October 09, 2017 in Family Law

Many couples who want children are unfortunately unable to have them naturally, due to health issues, infertility or other possible factors. More and more couples are turning to surrogates as an answer. Once thought of as a solution mostly for same-sex couples, heterosexual couples are using surrogates to help ease their fertility problems. However, if you are not careful, some complex legal tangles can crop up over a surrogate’s maternal rights.

The Gestational Surrogacy Act

Illinois’ laws about surrogate parents are actually some of the most well-defined and specific in the nation. The Illinois Gestational Surrogacy Act (IGSA) was passed in 2005 to specifically clarify the rights of both the intended parents and the surrogate mother.

The single most important thing to understand about the IGSA, however, is that it only applies to gestational surrogacy agreements—in other words, agreements where the surrogate mother is not also the egg donor. Traditional surrogacy agreements, where the surrogate’s egg is used, are not covered, and the law is significantly murkier when discussing the rights of all those involved. To avoid even more complications, it is usually best to have an egg donor if you or your partner cannot provide one.

Continue Reading ››

 Posted on October 05, 2017 in Child Custody and Support

A parent has a legal obligation to support his or her children. This is true even in the midst of a divorce. Depending on any the situation, a person may have an obligation to help support his or her (soon-to-be) ex-spouse as well. However, many people confuse the two obligations, when in reality child support and maintenance (also called alimony or spousal support) are very different, not least of all because the right to collect belongs to different parties.

Child Support

Child support is a right that belongs to a child, not their parents, though the actual payments may be received and administered by the child’s parent. It is defined as court-ordered payments usually made by the parent with fewer parental responsibilities or less parenting time to help support his or her children. In Illinois, the obligation to pay support exists, if ordered, until that child turns 18 years old. If the child is still attending high school at that age, however, the support obligation is extended until they either graduate or turn 19, whichever comes first.

Continue Reading ››

 Posted on October 04, 2017 in Domestic Violence

Most parents would do absolutely anything to keep their children safe and happy. Thus, when there is a suspicion of abuse, parents and authorities typically act quickly to address the concerns. This can get especially tricky in divorce cases, however. Sometimes abuse allegations have merit, and sometimes they are used as weapons by an estranged or bitter ex-spouse. It is important to know how to handle both situations.

The Law on Abuse and Neglect

The statutory definition of child abuse in Illinois is somewhat complex, but that is not necessarily a bad thing. Essentially, an abused child is one who has been the victim of any act that either causes or intends to cause severe physical, emotional, sexual or mental harm. If a mother grabs her son’s arm to pull him out of traffic and gives him bruises, such conduct is likely not abusive, but if she dislocates his shoulder while trying to get his attention in a supermarket, it may be considered abuse.

Continue Reading ››

 Posted on September 28, 2017 in Adoption

In Illinois, adoptions historically were completed in the traditional “closed” style. However, more and more people are choosing to have “open” adoptions in this day and age—and for a variety of reasons. While the processes for both types are fairly similar in terms of legalities, there are enough differences that it is important to make your choice before going through with the adoption.

Traditional Adoptions

Traditional adoptions in Illinois were almost always closed. This means that they were completed with no way for the child or adoptive parents to contact the birth parents at any time. This was once thought to be the most healthy way for a child and a couple to move on with their lives. It also helped cement the adoptive parents in the child’s life without interference from the birth parents.

Traditional adoptions come with promises of secrecy and confidentiality, including sealed files wherein the names of the birth parents—one or both—are redacted or otherwise kept confidential. However, an adopted person can apply, in many states (Illinois included), to access their birth information, even if a birth parent has requested anonymity. If the latter is true, the information is released to the now-adult adoptee via a third party. This approach balances the birth parents’ right to anonymity with the public policy position that permits adoptees to know their origins.

Continue Reading ››

 Posted on September 28, 2017 in Child Custody and Support

The Real Housewives of Orange County star Kelly Dodd recently announced that she plans to file for divorce from her husband. Kelly Dodd and Michael Dodd have been married eleven years but according to Kelly, the marriage was not always perfect. She explained to US Weekly that the marriage had its ups and downs. The star also said that while she and her husband were good friends that they are just too different to continue being married. The Dodds have an 11-year-old daughter together that they plan to co-parent.

Personality Differences Can Spell Trouble for Couples

Fame and celebrity status aside, the Dodd family is not unlike many families in the United States. Many couples get married and have children together only to later discover that cannot peacefully coexist with one another. Contradictory personalities, arguments, different priorities and goals in life, and other sources of conflict can drive a wedge between the spouse in a marriage. After trying and failing to solve the marital problems and despite their best intentions, many couples ultimately reach the decision to divorce.

Continue Reading ››

 Posted on September 25, 2017 in Family Law

Arranged marriage is an unfamiliar concept to most residents of the United States. However, it does happen in this country, and it is important to understand that certain cultural factors may play a role in arranged marriages. This is especially true when it comes to attitudes about divorce. It takes a uniquely sensitive and experienced professional to be able to handle both the legal and the cultural hurdles of this unusual situation.

Arranged Marriage Facts and Statistics

The proponents of arranged marriage point to a low divorce rate—about 6 percent worldwide, according to UNICEF data—as one of the advantages of the institution. Compare this to the most recent data available on divorce in the United States which is generally reported as between 35 and 45 percent. However, these figures may not be completely reliable, primarily because arranged marriage most often occurs in cultures that have an inherent taboo against divorce, if they recognize it at all.

Continue Reading ››

 Posted on September 21, 2017 in Divorce

Sometimes, when a couple decides to divorce, it can be difficult for one spouse to hold down the proverbial fort, especially if they are not used to working or are making far less money than their soon-to-be ex-spouse. Illinois has enacted several laws that help ensure that both spouses are appropriately represented in the divorce process, and that no one has to forsake necessities while a long-term plan is being negotiated.

“Level Playing Field” Laws

Illinois is one of the many states that has decided to make parity between divorcing spouses a matter of public policy—that is, something that the state will work hard to help maintain. There are many reasons for this trend, but one of the most important is the welfare of any marital children. If, for example, a wife cannot afford to hire a competent divorce attorney, her secretly abusive husband could win primary parental responsibilities for the children in their divorce. This is not the optimal outcome for most people.

Continue Reading ››

 Posted on September 19, 2017 in Divorce

In this technologically advanced age, social media is part of most people’s lives. Information both personal and private is shared over the internet, and with that freedom comes the potential dangers. While social media can play a role in people choosing to divorce—the most recent relevant data shows that 81 percent of attorneys surveyed by the American Academy of Matrimonial Lawyers (AAML) reported an increase in divorce cases using evidence obtained from social networks—it can also play a role in the outcome of a divorce already pending. Both can have a direct affect on you.

Child Custody Issues

By far, information found on social media is most commonly used as evidence in child custody cases—now called the allocation of parental responsibilities in Illinois. Nowadays, Facebook, Twitter and Instagram posts are much more commonly being introduced to support allegations of unethical or inappropriate behavior going on right under the judge’s nose, and while such posts might seem harmless, they can absolutely be used against you.

Continue Reading ››

 Posted on September 14, 2017 in Mediation

Very few people enjoy going to court (except, of course, for some attorneys). When divorce becomes a reality, some people make the choice to go through divorce mediation instead of litigating the matter in court. However, despite its increasing popularity, there are still many pervasive myths floating around about the mediation process. It is important to set the record straight, so that you can make an informed choice about which process may be right for you.

Myth: The mediator is there to mediate your disputes about your marriage.

Technically, this is false. A divorce mediator is a professional, often an attorney but not always, who has training in dispute resolution and will use it to help you work out a settlement. They are, in a nutshell, not “that” kind of mediator. They are not therapists or couples’ counselors. Mediators are there to facilitate the conversation so that parties can make constructive progress on divorce-related issues, including asset disposition, child custody and spousal support or alimony.

Continue Reading ››

 Posted on September 13, 2017 in Adoption

In an overwhelming majority of cases, an adoption is a celebrated and joyous event that leads to the growth of a family. Sometimes, however, that joy does not last. If the unthinkable happens and the adoption does not work out, there are ways to ensure that everyone’s rights are protected.

Vacating/Reversing

It is possible in Illinois to vacate or reverse an adoption, but there is a strict protocol for doing so, and definitive proof of why a reversal is required. Usually, it is the birth parents who attempt to have an adoption vacated, and they usually attempt to do so by claiming that something inappropriate or unconscionable occurred. Some common reasons cited for trying to reverse an adoption include:

• Fraud: Consent to the adoption may have been obtained through duress or depection;
• Lack of jurisdiction: A court only has jurisdiction over an adoption proceedings if significant ties exist to that county (usually as either the residence of the parents or the place of the child’s birth, but other substantial ties may exist); and

Continue Reading ››