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The Consequences of an Invalid Marriage
Illinois has specific requirements before a judge will declare that a marriage is invalid (or annulled). Those seeking to have a marriage declared invalid must show that one of the following four circumstances is true:
- a party lacked capacity to consent to the marriage at the time the marriage was solemnized, because of mental incapacity or infirmity, or because of the influence of intoxicants, or a party was induced to enter into a marriage by force, duress or by fraud;
- a party is unable consummate the marriage through sexual intercourse and the other party did not know of the inability;
Divorce Linked to Long Commutes
Having a long drive to and from work could be one reason your marriage is on the rocks. According to new research, conducted by Swedish Umea University affiliate Erica Sandow and reported by the Huffington Post, “people who commute at least 45 minutes one-way to work are more likely to divorce than people who have shorter daily commutes.” The study tracked millions of people in Sweden for 10 years, beginning in 1995. “Sandow focused on people who were married or living with a partner for her research [and] found that around 11 percent of the couples she studied had split by 2000, and more commuter couples separated than those who worked close to home,” according to the Huffington Post. The statistics are pretty bleak—14 percent of couples in which either person had a 45-minute or longer commute broke up, compared to only 10 percent of those in which neither person had a long commute. It seems that the research is skewed over time, however. Sandow found that if the person who had the long drive to work had been doing so for more than five years (if their relationship made it past that crucial marker), then they were only one percent more likely to divorce than couples in which neither person had a long commute. This is bad news for Americans, and could be one contributing factor as to why the divorce rate is so high in the U.S. According to Forbes, a 2013 U.S. Census Bureau report found that “10.8 million people, or 8.1 percent of workers, commute an hour or more to work each way. What’s more, 600,000 are classified as ‘mega-commuters,’ traveling 90 minutes or more and at least 50 miles to get into the office.” This is twice as long as the threshold Sandow was studying that linked long commutes to marital dysfunction. If you or someone you know is having trouble in marriage, whether you believe a long commute is a factor or not, it could be time to sit down with a qualified professional to discuss your options. Contact an experienced Chicago-area family law attorney today.
Parental Visitation for Non-Custodial Parents
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In Illinois, What Happens to Property Without a Will?
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Pros and Cons of Prenuptial Agreements
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Orders of Protection
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Who May Adopt, Be Adopted, or Place a Child for Adoption?
For an adoption to take place, the person available to be adopted must be placed in the home of a person or persons eligible to adopt. All states have laws that specify the persons who are eligible to be adopting parents and the persons who can be adopted. In addition, there are laws that designate the persons or entities that have the authority to make adoptive placements. Contacting a qualified attorney in your state will ensure that you are aware of what lies ahead of you. Who May Adopt? In general, any single adult or a husband and wife jointly can be eligible to adopt. In addition, a stepparent can adopt the birth child of his or her spouse. But, other eligibility requirements such as age, state residency, and sexual orientation of the adoptive parents can come into play. (In the state of Illinois, the petitioners for adoption must be state residents.) Who May Be Adopted? All states allow the adoption of a child. Some states also allow the adoption of an adult, under certain circumstances. In Illinois, the adopting parent must be in a sustained relationship for a period of at least two years with the adult to be adopted. Who May Place a Child for Adoption? In general, any person or entity who has the right to make decisions about a child’s care and custody may place that child for adoption. Such persons include the birth parents or the child’s legal guardian; legal entities include state departments of social services or child-placing agencies. Non-agency placements. Most states allow non-agency placements of children for adoption, which are often referred to as private or independent adoptions. One type of private adoption allowed in most states is the direct placement of a child by the birth parent with an adoptive family. Many states that allow direct placement have detailed statutory regulations to protect the interests of the parties to the adoption. Since laws vary by state and are always being revised and added to, you should contact an Illinois family law attorney if you are seeking to adopt.
Moving State Residencies as the Custodial Parent
Even once child custody is determined, for a divorced couple who both want the best for their children, sharing schedules and determining visitation can be a challenge. This becomes all the more difficult if the custodial parent decides that he or she is going to move out of state. In some cases, a move out of state could be beneficial for the children (if the non-custodial parent consistently fails to follow through or is a threat to the ex-spouse), but in most cases moving out of state presents a whole new set of challenges for a divorced couple. In Illinois, if the custodial parent wants to leave Illinois, he or she must first go through a specific court procedure to determine if the move is indeed in the best interest of the child. No custodial parent is allowed to leave Illinois permanently without going through this procedure. In order to make this possible, according to DivorceSource.com, the first step a custodial parent must take if he or she wants to leave Illinois is to “file a petition with the court requesting permission to remove the children from the state.” From there, the court will require “psychological examinations of the parties and the children (and possibly others)… and it is difficult to obtain a prompt hearing.” This means that the custodial parent will need to prepare for the move well in advance—it’s not a decision that can be made lightly and requires months of preparation. According to DivorceSource, “removal will only be approved if it is in the best interest of the children.” There are several factors that the court will consider, according to DivorceSource, which include but are not limited to:
A Bill to Garnish Gaming Winnings
With a backlog of over three million dollars owed in back child support, Illinois officials are making every effort to get this money collected, even if it means going after a person’s casino winnings. If passed, House Bill 2843 will allow garnishments of monies won gambling. The winnings of parents who have not paid back child support would be turned over to the Department of Healthcare and Family Services, who would then distribute the funds to the custodial parents.
In addition to garnishing wages,Illinois has the authority to withhold certain services in the attempt to make parents who avoid their responsibility to pay up. For example, he or she may not be allowed to renew a driver’s license or other professional or sportsman licensing until back child support is paid.
It is estimated that if House Bill 2843 is passed, $1 million will be distributed to custodial parents. Some say this amount is small in comparison to the $3 million owed, but it is a start, according to child support advocates.
In a perfect world, both parents work together in the best interest of the child or children. Unfortunately, measures have to be in place to ensure custodial parents get help from the ex-spouse. Far too often, there is one parent raising the children. When ex spouses do not pay court ordered child support, the custodial parent may have to compensate by working longer hours, which ultimately affects the child.
If you are considering divorce or are a custodial parent who is owed back child support, get your questions answered by calling a qualified Illinois Child Support attorney. He or she will work hard to ensure your interests and your children’s interests are protected. The meet and greet consultation is free.
Image courtesy of Boians Cho Joo Young at Freedigitalphotos.net
Proposed Changes to Illinois Family Law
A bill (HB 1452) being proposed in the Illinois legislature would make significant changes to Illinois’ divorce laws. To be clear, reformation of Illinois family law is long overdue. Fortunately, the proposed changes are the result of four years of bipartisan research, debate and input, and they reflect pragmatic approaches from professionals, including national and local family law experts, family law advocates, judges and family law attorneys, as well as the public. The proposed changes will ensure that the new law will reflect cultural shifts that have occurred during the past decades in Illinois and the United States. The purpose of the changes is both to eliminate abuses and to simplify what has become a burdensome and expensive process. 
Among other things, the proposed changes would abolish the requirement that divorcing parties have grounds before they can file for divorce. This arcane notion is a remnant of a time long gone. Numerous states have done away with it completely, and Illinois may soon follow suit. The proposed changes would also shorten the time that it takes to obtain a divorce judgment, which is good news for couples and children whose life is in limbo until the divorce is final. The proposed changes would also amend the child support guidelines to take into account both parents’ income, as well as the amount of time each parent spends with the child when calculating child support obligation. Lastly, the proposed change would eliminate so-called “home-wrecking” lawsuits, which are lawsuits used to punish a spouse’s lover for causing the divorce. The proposed bill was the result of hard work from the Illinois Family Law Study Committee, a bipartisan group of industry professionals that spent the last four years drafting it. These impending changes make it even more important to consult an experienced Illinois family law attorney.
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