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What Are the Consequences of Establishing Paternity or Parentage?
Paternity, or the gender-neutral term, parentage, refers to the legal parent-child relationship. When paternity or parentage is established, the parent gains important rights and responsibilities. Paternity is presumed by the court when a married couple has a child, so paternity is most commonly a concern when unmarried parents have a child together.
If you are a mother or father or soon will be, it is important to understand how establishing paternity influences family law concerns such as child custody and child support.
How to Establish Paternity in Illinois
In Illinois, the easiest way for an unmarried couple to establish paternity is to sign a Voluntary Acknowledgement of Paternity. This document can be completed at the hospital when the child is born. Once the parents complete and notarize the form, paternity will be established for all purposes in Illinois. If either parent later has doubts about the paternity, he or she has 60 days to contest it. Paternity can also be established through an administrative or judicial process.
Can You Get Alimony or Spousal Maintenance in Illinois?
Divorce can have a massive financial impact on a person so it is understandable that many divorcing spouses have questions about spousal support or alimony. In Illinois law, spousal support is referred to as spousal maintenance. In many cases, divorcing spouses negotiate a spousal maintenance arrangement. However, if they cannot reach an agreement, the court will decide.
Options for Getting Spousal Support
Spousal maintenance is not automatically granted in an Illinois divorce. If you have a prenuptial agreement or postnuptial agreement that entitles a spouse to maintenance, the court will typically uphold this agreement and follow the provisions within the agreement. Absent of any such agreement, spousal maintenance may be negotiated by the spouses or ordered by the court.
As with other divorce issues, divorcing spouses are encouraged to reach an agreement on spousal maintenance. Many spouses find mediation to be a useful tool when negotiating the terms of their divorce. They may also negotiate a spousal maintenance arrangement through their respective attorneys. For example, the higher-earning spouse may agree to pay spousal maintenance to the lower-earning spouse for a period of three months after the divorce.
When Does an Illinois Court Give a Parent Sole Custody?
Custody issues can be very complicated and emotionally charged. One of the factors that makes it even more complicated is that the language used to describe child custody can be complex and subject to change. Technically, there is no longer sole custody in Illinois. Instead, parents receive an allocation of the parenting time (time spent with the child) and parental responsibilities (legal custody and decision-making authority).
Parenting arrangements that allow both parents to spend time with the child and be involved in child-related decision-making are preferred by Illinois courts. However, there are situations in which the court will award all of the parental responsibilities and/or parenting time to only one parent.
The Best Interests of the Child are Paramount
Illinois courts assume that both of a child’s parents are capable of providing safe, loving care and protection of a child. Sadly, however, this is not always the case. If a court sees that it is in the child’s best interests not to be in the care of one parent, the custody determinations may limit this parent's access to the child. Courts may also favor one parent over the other if a parent is unable to provide proper care for the child due to drug addiction, mental illness, or other life circumstances.
Preparation is Key to Divorcing an Abusive Spouse
Being involved in an abusive marriage is one of the most isolating, overwhelming things a person can go through. When the decision to end it is made, a few key steps must be taken to ensure the abuse victim's safety and protect his or her financial interests during divorce. Preparation is one of the most important steps in divorcing an abusive spouse. If you are planning to divorce a spouse who has threatened, harassed, or physically harmed you or your children, make sure you understand your rights and options under Illinois law.
Emergency Protection Orders in Illinois
In Illinois, an Emergency Order of Protection (EOP) may be granted to anyone who has experienced abuse, harassment, or threats of physical harm by his or her spouse. An EOP can prohibit the abuser from coming near you, contacting you, or entering your home. It also may grant you temporary custody of children.
Getting a formal protection order is crucial for several reasons. First of all, the abuser may escalate his or her behavior when you attempt to leave the marriage, so keeping your distance from the abusive spouse is essential. Secondly, an EOP is a valuable piece of evidence during a divorce. It acts as a definitive record of the spouse's behavior and may be used during child custody determination and other divorce matters.
Will I Have to Pay My Spouse's Debt if We Get Divorced?
The average U.S. adult has just over $90,000 in debt. Mortgage loans, auto loans, credit card debt, student loans, and home equity lines of credit are just some of the debts Americans contend with.
If you are getting divorced, you may have many different questions about what happens to your debt. Who is responsible for the mortgage? What if my spouse ran up credit card bills without my knowledge? Does my spouse have to pay my student loans? Will I have to pay my spouse’s debt if we get divorced?
How Illinois Courts Handle Debt During Divorce
Debts are subject to the same rules as assets during a divorce. This means that debts acquired during the marriage are typically considered marital debts (unless excluded from the marital estate by a prenuptial agreement). Debts acquired before the marriage began are typically considered non-marital debts. For example, if a spouse took out a student loan before the marriage, the loan would likely remain with the spouse who took it out. However, property and debt division can be complicated, and there are a few exceptions to these general rules.
Will I Get Sole Custody of My Child During an Illinois Divorce?
Ending a marriage when there are children involved is complicated emotionally and legally. To make the divorce process even more complicated, divorce laws and terminology describing child custody and divorce frequently change.
Illinois no longer uses the term “sole custody” in official proceedings. Instead, parents will have “parental responsibilities” or decision-making authority over a child. The term “visitation” is also outdated. Instead, parents enjoy “parenting time” with their children.
If you are questioning whether you will have most or all of the parenting time and parental responsibilities after your divorce, you are not alone. This is a common concern among divorcing parents. This blog will explain how custody arrangements are determined during an Illinois divorce.
Agreed-Upon Parenting Plan Versus Court Intervention
Sometimes, divorcing parents can discuss their wishes regarding parenting time and parental responsibilities and reach an agreement without the court’s involvement. If you want to assume most or all of the parenting time and parental responsibilities and your spouse agrees to this, you will draft a parenting plan describing the arrangement and submit it to the court for approval.
What Happens During a Divorce Deposition?
Divorcing spouses must resolve several crucial issues before they can end their marriage. Marital property and joint debt will need to be divided between the spouses. If the couple had children, they will need to develop a parenting plan and determine the allocation of parenting time and parental responsibilities. If there is a large financial discrepancy between the spouses, they may need to address spousal maintenance.
Some couples are able to negotiate an agreement about these issues without the court's involvement. However, litigation is often necessary in complex and contentious divorce cases. A deposition is one of the many legal proceedings that may take place during divorce litigation.
Deposition Basics in Illinois Divorce Cases
In divorce cases, a deposition is an oral examination of a spouse or witness. The deponent is placed under oath and asked questions by one or both spouses' attorneys. Depositions are recorded and transcribed so that the court can consider the information at trial. The questions center around the deponent's knowledge of the facts surrounding the disputed issues.
Remarriage After an Illinois Divorce: What You Need to Know
Getting divorced is a painful and often heartbreaking process to go through. However, there is often a silver lining. Divorced individuals are able to move on with their lives and embark on new beginnings. This can include forming a new relationship and eventually deciding to remarry. If you live in the state of Illinois and plan to enter into your second marriage, keep the following considerations in mind.
You May Want to Get a Prenuptial Agreement
Most family law attorneys recommend prenuptial agreements for individuals getting married for the second or third time. Prenuptial agreements have multiple financial and legal benefits for both parties. A prenup may be used to protect each party's assets, designate certain assets as non-marital, and provide financial security if the marriage ends in divorce. If you plan to enter into a second marriage, it's wise to consider drafting a prenuptial agreement with your soon-to-be spouse.
Divorce Tips for Stay-At-Homes Parents in DuPage County
If you are a stay-at-home parent in DuPage County, getting divorced can be especially difficult. You might be worried about how you will support yourself and your children financially. You may also worry about how your children will handle the split. There is no way to completely eliminate the stress and difficulty involved in the divorce process, but there are some things you can do to ease the transition.
Understand That You Are Not Alone - There Are Many Other Parents in Your Situation
Going through a divorce can be an incredibly upsetting experience, and it is important to understand that you are not going through it alone. There are so many other parents out there who find themselves in a similar situation, and it can be reassuring to know that you are not the only one struggling to make sense of the process. In addition to legal support from a qualified attorney, seeking out support from parents in similar situations is a great way to gain insight into your new life and understand that you are not alone.
Child Custody Evaluations: When and How They Are Used in Illinois Divorce Cases
Parents have strong opinions about what is best for their kids. When divorcing parents disagree regarding a child-related legal concern, the situation can become quite acrimonious. Some parents experience conflict because they both believe that they should have all of the parental responsibilities, including the authority to make decisions about their child’s education, medical care, extracurricular activities, or religion. Other divorcing spouses disagree on who should have the majority of the parenting time or how parenting time should be divided between them.
Serious conflict can also arise when one parent believes that the other parent is not capable of providing a safe home for the child and seeks to have that parent’s parenting time restricted in some way. In situations like this, the court may assign a child custody evaluator to investigate the case and offer a professional recommendation to the court.
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