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Tag Archives: DuPage family law attorney

DuPage County family lawyers, invalid and Prohibited MarriagesMarriage laws vary by state, but all states prohibit some kinds of marriages. Some people start the divorce process only to find out that their marriage is actually invalid. Conversely, a couple may want to marry but later find out that they cannot. It is important to understand the laws in Illinois and what marriages are prohibited.

Invalidity and Prohibition

In Illinois, marriages that are not permitted are termed invalid. In order for a marriage to be declared invalid, Illinois law allows certain people to file a petition for a Declaration of Invalidity of Marriage. Depending on the circumstances, certain aspects of the marriage may still apply.

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DuPage family law attorney, Illinois guardianshipsWhen the court determines that an adult is unable to care for himself/herself, or a child’s parents are unable to care for the child, the court will appoint a guardian. The court can appoint a guardian to have custody of the child or to manage the child’s property, or both.

If the court appoints a custodial guardian, the guardian has the right to:

  • Custody of the minor child;

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child support special needsGenerally, the duty to pay child support terminates when the child turns 18 or graduates high school, whichever happens last. The law is structured this way because there is presumption that after a child turns 18 or graduates from high school, he or she would be capable of supporting him or herself. However, under certain circumstances the legal duty to pay child support can continue past these two occurrences. One common situation where child support continues is when there is a child with disabilities.

The reason behind continued child support for a disabled child over the age of majority stems from the simple fact that the child is unable, for whatever disability, to support him or herself. Because of this, the legal and financial responsibility often falls on the disabled adult’s parents to continue the support. Unfortunately, disabled adults often have unique financial demands – like tuition for specialized educational institutions or excessive health care costs.

The Law

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parenting classIf you have been ordered to take a parenting class by a judge, it does not mean anyone thinks you are a bad parent.  In Illinois, every person with a minor child who is involved in a divorce, custody, visitation, or paternity case is required by the Illinois Supreme Court to participate in a parenting class. If the thought of taking a class on parenting skills sounds intimidating, hopefully this quick overview of the process will help ease your concern.

The Caring, Coping and Children Program (CCC)

In DuPage County, the mandatory in-class parenting class that may be ordered by the court is called the Caring, Coping and Children Program (CCC). The CCC class is a one-time, four-hour seminar designed to build and enhance not only parent/child relationships, but also co-parent relationships. According to the Family Center page of DuPage County’s website, the course “encourages parents to develop a way to relate to each other that keeps children out of conflict” and “emphasizes the need for parents to set aside personal differences in order to provide the healthiest environment for children.”

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effectiveness of a prenuptial agreementThese days, many people contemplating marriage consider entering into a prenuptial agreement. This legal document was traditionally used almost exclusively by the very wealthy in order to protect their assets in the event of divorce. However, it is increasing in popularity among people with average income today in order to set expectations and come to an agreement on certain terms in the event of divorce long before a marriage ever breaks down.

While such a conversation may be uncomfortable for a couple to have as they are planning to spend their lives together, the taboo that used to be associated with entering into a prenuptial agreement may have faded somewhat in recent years. This is good news for those who may be interested in entering into such an agreement, but one question remains: how effective is the document in successfully determining each spouse’s rights in the event of divorce and being held valid in the face of challenges?

Safety of a Prenup

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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
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, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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