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Avoiding Marriage Issues Related to Money
Relationships between couples flourish when communication is open and clear. Therefore, having a conversation about your financial future prior to marriage allows both parties to set realistic and reasonable expectations. Moreover, open communication about financial expectations lays the foundation for creating a budget and planning for the future.
However, sometimes people have different expectations regarding lifestyle and the spending of money.
Instead of waiting to see your savings decrease and your debts increase, it is best to attack the issue head on so that both you and your spouse-to-be are not saddled with debt later in life. If you can discuss income, debts, expenses and assets, and reach an agreement now, it can help avoid marriage issues later.
The decision to adopt a child comes with many emotions—it is an exciting step for your family but it is also challenging. If you are looking to increase the size of your family through adoption, there may be issues that make the seemingly easy process very complicated. However, it is important to note, several avenues are available to you when making the decision to adopt a child.
Generally, when you adopt a child, you become the child’s legal parent and you will be given all parental rights and responsibilities as if the child was born to you. Likewise, the child will obtain all rights of a child, such as inheritance rights from both parents. In order for the adoption to be legal, the birth parents must consent to the adoption or the court must legally terminate the parental rights of the birth parents before the child can be legally adopted.
Different Avenues of Adoptions
Paternity refers to the relationship a child shares with his or her father. The process of establishing paternity in Illinois is fairly straight forward. However, sometimes, it can be more difficult than you can imagine. Establishing paternity is very important because it will impact decisions related to child custody, visitation and child support.
Under the Illinois Parentage Act, there are only a few situations in which the legal father of a child is determined. If the parents were married when the child was born or conceived during the marriage, the husband will be presumed to be the father of the child. Also, if the husband married the mother after the child was born and signed the child’s birth certificate after birth, then the individual who signed the birth certificate will be considered the legal father. Likewise, if the individual signed a Voluntary Acknowledgement of Paternity (“VAP”) form, then this individual will be considered the legal father. Finally, if some or none of the above applies, the Department of Health and Family Services (“HFS”) or an Illinois court can issue an order establishing paternity.
Deciding to get divorced is a tough decision for any spouse. After all, it will directly affect the happiness and stability in your life. Once you clear the hurdle and decide to get divorced, tougher questions will arise, especially if you have children; your decisions will directly affect their lives. When you and your former spouse cannot reach an agreement when it comes to raising your child or children, your only option is turning your decision over to a judge, and let him or her decide who gets legal and physical custody.
Illinois law provides guidelines, informing the court of factors to consider when determining the best interest of the child and how to award legal and physical custody. When a parent is given legal custody, he or she has the right to make decisions regarding the general welfare of the child. On the other hand, when a parent is granted physical custody, he or she has a right to have the child live with him or her.
In Illinois, and in several other states, child support is paid to the custodial parent. Child support is meant to cover the bare essentials, which include the cost of food, clothing and shelter. The amount of child support you are required to pay is based on your net income and the amount of children you have.
If you are a party to a child support order, one of the many questions going through your head may be, "Can this child support order ever be modified?" Depending on the circumstances of your case, it is possible to reduce the amount of child support you are paying
Modifying the Child Support Order
Modifying a child support order is no easy task, but it can be done. First, if you are having trouble making payments, you should speak to the custodial parent and see if you both can reach an agreement. Should you both reach an agreement, you need to go to court and get a judge’s approval. If the agreement reached permits you to pay an amount of money that is substantially lower than the percentages permitted under Illinois law, you will have to explain the reasons why it is so low.
Typically, marriage is the most important personal and legal relationship a person can have. However, there are certain rules that must be followed for a marriage to be considered legal. Aside from the legal requirements of marriage, the success of a marriage also depends on how well a couple handles issues related to communication, finances, conflict, parenting, expectations and much more.
In order to get married in Illinois, there are a few rules that need to be followed. First, both parties must be 18 years old or they need to qualify for an exception. Second, neither party may be married to someone else. Finally, both parties must be considered legally competent to enter into a civil contract.
The planning phase of a marriage is time consuming and obtaining a marriage license might be low on the list of priorities that need to be completed. Yet getting a marriage license is the most important step to take in order to receive the legal benefits. It is important to note that if a party was recently divorced, he or she might be required to show a certified copy of the divorce decree, on top of the license fees.
People are often confused by the many terms tossed around in the legal profession, especially family law. Commonly, these terms include separation, divorce and annulment. It is important to know the difference between these terms so you can properly evaluate your situation, especially if you are experiencing marital problems.
Generally, separation means that both spouses are still married to each other and cannot get married to someone else. Divorce means that a marriage is formally dissolved and both spouses are free to marry whomever they please. Finally, annulment dissolves a marriage as well but treats the marriage as if it never happened.
If you are having marital issues and you cannot resolve them on your own, you should contact an experienced Illinois divorce attorney who will be able to advise you of your options and point you in the proper direction.
Sometimes, when the decision to divorce occurs, the feelings are mutual. The process is straightforward and moves along swiftly. However, many divorces are not so fortunate and do not move quickly—one party may want a divorce while the other party is opposed to the idea.
In situations where the parties do not outright agree to the divorce, mediation provides an opportunity to resolve the issues so a divorce can move forward. Mediation is a process where both parties sit down with a mediator, a neutral third party, who assists them in resolving their issues. This process typically resolves most issues between both parties; however, a few issues may linger on afterwards.
Of course, as with most family law issues, if you are facing mediation as the process to end your divorce, the advice and help of a skilled attorney is necessary. An attorney can help walk you through the process to protect your interests and to ensure you know what to expect each step of the way.
The term prenuptial agreement or premarital agreement, usually referred to as a prenup in the media, is a written contract that is created by two individuals prior to their marriage. The purpose of such an agreement is to plan ahead to determine what happens in the event of death, divorce or separation. The agreement sets forth a list of property and debts owed by each person, and defines their rights to the property after they are married. A prenup usually deals with distribution of property, assets, liabilities, spousal support, and even attorney’s fees.
When a prenup is properly drafted and implemented, it is a legally binding contract between both spouses and its terms are enforceable. However, if a prenup is not drafted properly or fails to contain the financial specifics of both parties, it could be ruled unenforceable, and the plan you set in place could, in turn, fall apart.
The determination of child custody can be a very difficult topic in both separations and divorces. However, the issue becomes more complicated when domestic violence has occurred in the household. When an order of protection is entered in a case, it severely impacts the rights of one parent.
In order to obtain an order of protection in DuPage County, as in most other counties across Illinois, a few factors must be present. First, there needs to be some domestic relationship between you and the person you are seeking the order of protection against. Second, there must be a history of abuse. Lastly, you need to be a resident of DuPage County in order to get an order of protection against the abuser.
If your husband, boyfriend, or family member abused you or your child, you should contact an experienced domestic violence attorney who will assist you obtaining an order of protection to ensure you and your family can live safely without the threat of violence.
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