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Archive, March 2015.
Dissipation of Assets: My Spouse is Wasting Our Money
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.
Posted in Divorce
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asset division
dissipation of assets
DuPage County divorce attorney
marital assets
Visitation Rights for Grandparents and Other Relatives
How to Seek the Right to Visitation
Grounds for Divorce in Illinois
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.
Divorce, Separation, and Living Apart: What’s the Difference?
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.
Obtaining Visitation Rights in Illinois
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.
How Will Filing for Bankruptcy Affect My Spousal Support Payments?
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.
Choose an Annulment to End Your Invalid Marriage
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.
Hidden Assets and the Divorce Process
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.
Establishing Paternity in Illinois
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.
Obtaining Guardianship Rights over an Aging Parent
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.
Who Has Custody Over Your Child if There is No Court Order?
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.
Garnishment of Wages for Child Support
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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