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Archive, March 2015.

If you are considering divorce, or are already beginning the process, and your spouse has been spending your shared funds imprudently, you may be able to get some of the money back.
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How to Seek the Right to Visitation
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If you are seeking a divorce, there are two major routes under Illinois’ marriage dissolution law. When seeking a Judgment for Dissolution of Marriage from a local judge, you must show that you and your spouse have irreconcilable differences, or that you are seeking to dissolve your marriage on the basis of one of the grounds for divorce.
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In Illinois, a divorce marks the legal end of a marriage. Both former spouses are able to marry others. During divorce proceedings, a court can decide on issues such as custody, visitation, and support of children, as well as how to divide marital property and whether one spouse must pay alimony to the other.
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Under Illinois’ visitation law, if you have a child, but do not have custody, you may consider obtaining visitation rights. Visitation rights are not limited to parents, but can also be extended to grandparents or siblings.
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If you are currently making spousal support payments, filing for bankruptcy does not terminate your obligation. Unlike credit card debt and mortgage payments, which may be put on hold or eliminated completely through bankruptcy, your responsibility to provide for your former spouse and your children remains in place regardless of your financial circumstances.
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It is possible for a marriage to be considered invalid under the Illinois Marriage and Dissolution of Marriage Act. When this is the case, a couple may end their marriage through a process known as annulment. Annulments are different from divorces for multiple reasons, the most important of which is that a couple's marriage must somehow violate the laws outlined in the Illinois Marriage and Dissolution of Marriage Act.
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If you are currently working through the divorce process, you will likely have to work out a fair division of your shared property with your spouse. This is because, under the Illinois Marriage and Dissolution of Marriage Act, Illinois is an equitable distribution state, rather than a community property state. In an equitable distribution state, the court must determine a fair way to divide property between divorcing spouses, rather than a completely equal one.
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Paternity is defined as the legal relationship between a father and child. When a married woman has a baby, Illinois law automatically considers her husband to be the father of the child. However, if the husband believes that he is not the father of a child, he can sign a Denial of Paternity form.
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Watching your parents grow old is never easy, but it is especially difficult when they are having trouble caring for themselves. If one of both of your parents are aging, but have refused your help in caring for them, you may want to consider trying to become their guardian.
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Usually, when a couple with children divorces, a custody order is issued by a judge as part of their marriage dissolution process. Yet, if you were never married to the father of your child, and you are now separated, it is very likely that there is no formal custody agreement. However, this does not necessarily mean that both parents have joint custody rights. If your ex is trying to take your child from you, you should seek immediate help from an experienced child custody lawyer.
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NOTE: As of July 2017, the law governing child support in Illinois has changed. Please see our Child Support page for more information.
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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway
Suite 103
Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road
Building A, Suite 105
Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street
Suite 900
Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street
7th Floor
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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