Posted on May 26, 2017 in Adoption

Adoption has become a fairly common way to expand one’s family in this day and age. In many cases, children are adopted from foster care, but occasionally, an adult may decide to adopt a member of their own family for a variety of reasons. While this may sound unusual, it is more common than many believe, and it can be a faster way to remove a child from an uncertain situation, giving them a stable home. If you are considering this option, it can help to be familiar with the process.

Parental Rights Issues

The primary concern in such cases is whether or not the biological mother and father have abandoned or signed away their parental rights, or whether they are still the legal custodians of the child in question. The Illinois Adoption Act holds that both parents must waive their rights before a child can be adopted by anyone, and this does apply to a parent who has been inactive in a child’s life. For example, an absent father has the right to decline his consent to the adoption if he can be located. Usually, this means that you must show due diligence in your attempts to locate the father, with the matter being considered closed if you are unsuccessful after six months to one year.

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 Posted on May 24, 2017 in Paternity

It is a common—albeit somewhat of a stereotype--trope that when a child is born, it is the mother who will have to seek the biological father out and hector him into formally acknowledging legal paternity. However, this does a disservice to the millions of fathers who actively wish to be involved in their children’s lives yet are discouraged or dissuaded from acknowledging paternity or are actively turned away from trying to claim a child as their own. If you want to be involved in your child’s life, but are facing resistance or problems, you do have options you can use to pursue the matter.

What Are My Rights?

In some cases, acknowledging paternity of your child can be very easy. When the baby is born, you and the mother—if you are unmarried—will have the opportunity to complete a voluntary acknowledgment of paternity (VAP) form. While there are other opportunities to establish paternity, this is by far the quickest and easiest method if the child’s mother is cooperative with your efforts. It is extremely important to realize, however, that completing a VAP form does not entitle you to any custodial rights regarding nor to any guaranteed parenting time. It establishes a legal parent-child relationship, but it does not make any other guarantees.

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 Posted on May 19, 2017 in Property Division

It is a very common scenario for a couple to divorce after putting a retirement plan in place. What many do not realize, however, is that certain instruments are not divisible under the sole authority of a divorce decree. Many retirement accounts require an instrument referred to as a Qualified Domestic Relations Order (QDRO). It is important to be aware of which assets may require a QDRO, as failure to appreciate this necessity could have severe tax consequences.  

Definitions and Terms

Some retirement instruments may be divided or disbursed under the terms of your divorce decree. The most common example of these would be an Individual Retirement Account (IRA). An IRA is an investment account usually opened by an individual or small business to hold the proceeds of other assets such as stocks or mutual funds. However, most accounts or instruments that are specifically designed for retirement must be handled through the use of a QDRO. The QDRO may be addressed in the divorce agreement, but the relevant asset cannot be disbursed via the divorce agreement itself.

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 Posted on May 18, 2017 in Divorce

Divorces are among the few family law decisions that can be made unilaterally. One spouse decides that they have done all they can to stay in a marriage and opts to file for divorce. However, it is possible that the other spouse will refuse to sign divorce papers, which can make the process far more difficult than it normally is. There are ways around such a roadblock, and it is important to know what they are.

Factors to Keep In Mind

If you are planning to initiate a divorce in the near future, there are several important factors for you to consider. The first is that under Illinois law, it is, for all intents and purposes, impossible to stop a divorce from happening even if one spouse is dead set against it. It goes against public policy to keep a spouse in a marriage where he or she is miserable. Despite this, it is entirely possible for one spouse to stall and obstruct the process.

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 Posted on May 12, 2017 in Prenuptial and Postnuptial Agreements

Many people are familiar with prenuptial agreements,or “prenups," and some of their pros and cons. However, what most do not know is that they can actually be quite complex and may include much more than standard asset division terms. They are also not as ironclad as popular culture paints them to be. It is imperative that before you enter into a prenuptial agreement, you should have a good understanding of exactly how they work.

What to Include and Leave Out

The are two common reasons why a couple may choose to into a prenup: to protect one spouse from the consequences of the other’s debt or to ensure that provisions are made for the children of a previous marriage. Inheritance laws in most states immediately default to a person’s children from their current marriage, so if there was a promise, for example, to save a personal item for a child of one’s first marriage, it can be advantageous to note that in a prenup. Prenuptial agreements are legally binding unless it can be proven that the agreement is unenforceable.

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 Posted on May 10, 2017 in Divorce

Choosing to file for divorce is a momentous decision. Before you begin the process, it is a good idea to ensure that you are prepared in every way possible. The last thing you want is to be knee-deep in divorce proceedings and realize you are unprepared to address a critical question.

Preparing Financially

The first thing any professional will recommend is to begin saving money. It is not only attorneys that cost money, but there will also be many different sets of bills. Without your spouse’s income, it may be harder to pay them. It is imperative, however, that you not do this after you have filed papers, at least not with money such as your paycheck that can be considered marital property. Illinois is an equitable distribution state, meaning that marital property is distributed to the spouses in the most equitable manner possible upon a divorce. Concealing money that is earmarked as marital property, as spouses’ paychecks usually are, can lead to accusations of hiding assets.  

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 Posted on April 28, 2017 in Property Division

Dividing assets during a divorce is a well-understood part of the process for most people. However, what many do not realize is that there are certain debts that must also be divided between the spouses. It would be inequitable for some debts to be shunted onto one spouse when the proceeds of that debt were used by both spouses.

Debt as Marital Property

Before marriage, two people have their individual property that they own. Once they get married, however, any property accumulated (with rare exceptions) is referred to as “marital” property—that is, owned by the couple. Thus, if a divorce occurs, these assets must be distributed fairly between the two spouses.

The general rule is that marital property is divided equitably—fairly, not necessarily equally—between the spouses. Most people understand this to mean the couple’s assets. According to Illinois law, however, marital property includes both assets and debts acquired during the marriage. This holds true even if the debt was incurred by only one of the parties. It is still property of the marriage if it was incurred during the marriage. At least in Illinois, that is the only criteria necessary to classify a debt as marital.

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 Posted on April 26, 2017 in Property Division

When you are in the process of divorcing your spouse, the temptation can be overwhelming to not be entirely truthful in disclosing all of your assets. You may feel that he or she does not deserve them or that you are more morally entitled to retain the entirety of a bank account or pension fund. Do not give into this temptation; the penalties for being found out far outweigh any possible chance you might succeed in your endeavor.

Is It Common?

One might wonder how many people actually go so far as to hide assets. The National Endowment for Financial Education (NEFE) found in a 2011 study that three in 10 Americans admit to some sort of untruthfulness with their partner about financial matters, whether it was outright lying or hiding, or simply softening the truth. More men than women historically hide assets, but of course, any spouse may be tempted, especially if they are the primary breadwinner.

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 Posted on April 21, 2017 in Divorce

When a couple decides to get a divorce, there are several different ways it can go. However, though the individual characteristics may change, there are certain constants in the process. Many couples find them a source of certainty, especially if there are still some disputes between the spouses.

Requirements

Before you are even permitted to file for a dissolution of marriage in Illinois (the official legal name for a divorce) you must fit certain requirements. The primary qualification you must have is residency; Illinois mandates that either you or your spouse must have lived there for at least 90 days before filing.

Also, many believe that having an attorney present is necessary. This is not the case under Illinois law; the Illinois Marriage and Dissolution of Marriage Act does not even mention attorneys in its provisions. Most local courts, including Cook County, do permit pro se parties, or parties representing themselves (it is always best to check with your specific circuit just to be certain, however). Despite this, it is always a good idea to obtain professional advice, especially in a contested divorce.

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 Posted on April 19, 2017 in Paternity

In many states, Illinois included, the paternity of a child is in presumed to be in doubt if the mother is unmarried. There are ways to effectively establish legal paternity that are quick and easy, and by comparison, there are also ways to legally and definitively disavow paternity. Given that the law is different in every state, it is incumbent on you to know your rights and responsibilities if you decide to become a father.

Ways to Establish Legal Paternity

If you are married at the time of your child’s conception and/or birth, your husband (or ex-husband) is legally presumed to be that child’s father. If you are unmarried, there are three main ways to establish legal paternity, which both allows for rights--such as parenting time—and obligations—such as child support, if the parents do not later marry. They are:

• Both the mother and biological father complete and sign a Voluntary Acknowledgment of Paternity (VAP) form. This form will set out the information that will eventually be included on a child’s birth certificate;

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