Posted on September 28, 2016 in Paternity

Unlike fathers who were married to the mother of their child at the time of birth, unwed fathers are not automatically granted parental rights. Instead, they must take legal steps to establish their role in the life of a child. This starts with the establishment of paternity, which is not presumed for unwed fathers, and continues with a petition to the court. If you are an unwed father and want to gain and establish legal rights to parent your child, the following information can help.

Establishing Paternity

Before an unmarried father can seek legal parenting rights to his child, he must first establish paternity. This can be done in one of three ways:

• Signing a Voluntary Acknowledgment of Paternity form at the time of the child’s birth (also requires acknowledgment from the mother);
• An Administrative Paternity Order through Illinois Department of Healthcare and Family Services; or

Continue Reading ››

 Posted on September 26, 2016 in Adoption

One of the most talked about Hollywood marriages is reportedly coming to end, as Angela Jolie has filed for a divorce from her husband, Brad Pitt. The two have been married since 2014, but the relationship began back in 2004. Sources close to the duo say that the couple was planning to adopt a seventh child before their split. The couple became a poster child of sorts for international adoptions after adopting three children from Cambodia, Ethiopia, and Vietnam during the course of their relationship.

According to reports, Pitt and Jolie may have planned on adopting an older child—over the age of 10—to join the three adopted and three biological children already in their home. The couple allegedly wanted an older child for two reasons. They wanted the child to fit in with their other children and because older children are often disregarded. “Brad and Angie also believe that adopting an older child will make people aware of orphans who are often overlooked,” the source indicated. “According to Angie, everybody seems to want to adopt babies when there are so many other wonderful, worthy and deserving older children out there.”

Continue Reading ››

 Posted on September 21, 2016 in Child Custody and Support

If you are a divorced parent, you probably recognize your responsibility for helping to provide financially for your child. In most Illinois cases, the parent with fewer parental responsibilities and less parenting time is obligated to make child support payments to the other parent. While the law that dictates the calculation of such payments is set to change at the beginning of 2017, the current statute takes into account two primary factors: the number of children being supported and the net income of the supporting parent. But, what does net income include?

According to the Illinois Marriage and Dissolution of Marriage Act, net income is defined as the “total of all income from all sources” minus certain allowable deductions. By law, these deductions include:

• Properly calculated federal taxes;
• Properly calculated state taxes;

Continue Reading ››

 Posted on September 19, 2016 in Property Division

For many couples, dividing marital property is the most difficult element of the entire divorce process. To a certain extent, it is understandable that a pair who has spent many years together would find it challenging to how to divide assets that belonged to both spouses for so long. This may be especially true for spouses who married young with almost nothing, then spend the next several decades amassing a significant amount of wealth and net-worth. When such a marriage comes to an end, determining who will get what can be long and cumbersome process.

Titled Assets

The first step in dividing marital property is deciding what actually is marital property. According to Illinois law, almost anything acquired by either spouse during the marriage is marital property and subject to division in divorce. Exceptions include gifts and inheritances to one spouse alone. This means that even assets for which a title is issued, such as a vacation home, a vehicle, or boat, are considered marital property if they were purchased after the marriage, regardless of whose name is on the title.

Continue Reading ››

 Posted on September 14, 2016 in Guardian ad Litem

When you are embroiled in a difficult divorce, it can be nearly impossible to work cooperatively with your soon-to-be ex-spouse. Every aspect of the proceedings may seem like a fight with almost zero chance of reaching a negotiated resolution. While fighting over money and marital property is certainly bad enough, the problems get even worse when there are children involved. That is why the law in Illinois provides the court with the authority to appoint an attorney specifically to protect a child’s best interest in any matter related to parental responsibilities (child custody), parenting time, non-parental visitation, child support, or any other child-related legal proceeding.

Protecting the Child’s Best Interests

The court may appoint an attorney to serve in one of three roles: an attorney for the child, a child representative, or a guardian ad litem. Of these, the child representative and the guardian ad litem are the most commonly used and the guardian ad litem is usually the most appropriate for younger children.

Continue Reading ››

 Posted on September 12, 2016 in Parental Relocation

It is easy to understand how such a situation could arise. You and your spouse divorced several years ago, and, while the process was not easy, you managed to reach a reasonable agreement that addressed not only your property and finances but arrangements for your children as well. Based on your circumstances and what was best for your children, you were granted primary residential responsibilities while the other parent was afforded ample visitation time. Things could always be a little better, but you realize that you have it pretty good overall. Your children are happy and healthy, and enjoy a strong relationship with both you and your former spouse.

Then, one day at work you are taken by surprise when your boss offers you a substantial promotion—but there is a catch. To take the new position, you will need to move away from Northern Illinois to your company’s headquarters in Dallas, Texas. On a professional level, there is no way you can turn down such an opportunity, but, as a parent subject to a parenting plan or child custody order, the decision is not so simple.

Continue Reading ››

 Posted on September 07, 2016 in Divorce

Have you been thinking about filing for divorce? Has it been nagging at you with a feeling of inevitability that you cannot shake? If so, you are not alone. Most people who eventually decide to get a divorce do so only after months—sometimes years—of painful deliberation and waiting for the right time. This means that, at any given time, there are probably thousands of unhappy spouses thinking about ending their marriages throughout the country. Interestingly, many of them will wait to make their ultimate decision until after a holiday season, leading to the development of two rather distinct divorce seasons each year.

Semiannual Spikes

Researchers from the University of Washington examined divorce filings in Washington state for nearly a decade and a half, from 2001 to 2015. The research team discovered that there was an unmistakable increase in divorce filings each year in the months of March and August. The team presented their findings at the annual meeting of the American Sociological Association last month and suggested that the spike in filings in these months may be the result of a “domestic ritual” calendar that affects family behavior.

Continue Reading ››

 Posted on August 31, 2016 in Child Custody and Support

While the warm weather has not yet faded into the chill of autumn, school is back in session for children throughout the country, including here in Kane County. Long days full of recreation, trips to amusement parks, camping adventures, and other outdoor activities have been replaced with books, assignments, notes, and an educational focus. The transition back into school mode can be challenging for virtually any child, but the situation is often even more complicated for a child of divorce. If you are divorced and your child is struggling with the change of season, there are some things that you and the other parent can do to help make things a little easier.

Talk

It should come as little surprise to see communication at the top of a list regarding how to help your child. You cannot know what to do or that anything even needs to be done unless and until you talk to your child and find out where he or she may be struggling. You should also take the time to speak with your child’s teachers and school administrators, both to keep them abreast of your child’s needs and to gain their valuable input into how to meet your child’s needs. Finally, do not be afraid to communicate with your child’s other parent. Regardless of your past relationship, you need to be a team now more than ever and to help prevent small problems in school from becoming big ones.

Continue Reading ››

 Posted on August 30, 2016 in Divorce

Approaching divorce with the right perspective is often much easier said than done, but when you are able to look at the end of your marriage through a positive lens, the outcome is generally healthier and less stressful for everyone involved. Grief and healing are processes that inevitably take time, but when you channel your energy into staying focused on new beginnings that will result from the separation, the road to peace and acceptance is less bumpy.

Here are three ways to help yourself develop a positive perspective on divorce:

1. Cut Your Losses

Whether it is material possessions, bank accounts, or impending vacation plans that you made with your soon-to-be ex-spouse, one way to create a positive spin on divorce is to let go and know when to throw in the towel. Money and possessions are often mediums that couples use to take out all of their frustration, hurt, and anger, as using these things as weapons gives them the power to affect their partner. Instead of adding fuel to the fire and contributing to the storm, choose to compromise when it comes to money and belongings or make the decision to walk away completely.

Continue Reading ››

 Posted on August 29, 2016 in Divorce

The months and even years after a divorce can be rough. You are redefining yourself as a single person after being one half of a couple. Depending on how long you were married, it has possibly been a long time since you dated. Soon after a divorce the prospect of finding a new partner or “getting back out there” may be daunting. It is important to realize that you do not have to start dating again until you are ready.

Mental health and relationship professionals agree that individuals should give themselves time to mourn the loss of their marriage just as they would mourn a physical loss. How will you know if you are ready? There are a few clues experts say to look for, including:

• You Stop Ruminating About the Past: There will never be a time that you forget about your ex-spouse completely but thinking of him or her less often is a sign that you are healing emotionally. In the immediate aftermath of a divorce you may be consumed with thoughts about your former partner, feeling emotions like anger, sadness, and disbelief. You may fantasize about how things could have been different in your relationship. Many people find that these feelings and thoughts diminish with time. Eventually, you will be ready to stop living in the past and instead live in the present and look forward to the future.

Continue Reading ››