Posted on May 29, 2014 in Marriage

Illinois's Religious Freedom and Marriage Fairness Act, which grants same-sex couples the right to legally marry, goes into effect for all counties on June 1, 2014. In preparation for this historic day, our family law attorneys would like to share some basic legal and financial measures that couples can take to prepare wisely for their marriages.

Obtain a Marriage License

Before getting married, Illinois couples must obtain a marriage license. Obtaining a license is a standard and fairly straightforward procedure. The marrying spouses must apply in person at a local county clerk's office with valid identification documents (such as a driver's license or passport) in hand. No blood tests are required, and both parties must be 18 years old or older at the time of application, or 16 or 17 years old with proof of parental consent of the marriage.

There is a small fee associated with the license application (the amount of the fee varies by county), and it may be helpful to call your county ahead of time to see what type of payment forms are accepted. Once you obtain a marriage license, you can get married the day after your license is issued. The officiant performing the marriage ceremony later completes the marriage process by filling out a portion of the license and sending it back to the county clerk's office.

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 Posted on May 27, 2014 in Divorce

To some litigants in divorce proceedings, it is tempting to believe that as long as you have the truth on your side, it is not necessary to hire a divorce lawyer to represent your interests. A litigant might be well educated, articulate and armed with a list of favorable facts supporting his interests. He may be confident that he can convincingly argue to a judge why he would make a better custodial parent and why due to his marital contribution he deserves the lion's share of the marital property. After all, who can possibly know and explain facts about his marriage better than he does?

Sadly, many litigants who make the choice represent to represent themselves ("pro se litigants") fare poorly in divorce court. Part of the reason is that pro se litigants often do not realize how much extra skill and effort goes into divorce litigation besides merely telling one's story to a judge.

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 Posted on May 23, 2014 in Child Custody

One difficult situation facing divorced families occurs when one parent seeks to move herself and the child to a city hours away from the other parent. On one hand, such relocation can be painful for the left-behind parent and the child. On the other hand, a move to a new city can also behold virtues that enhance a family's well-being, such as a fresh start in school, the promise of a new, more lucrative job or strengthened social support from family and friends. Illinois law acknowledges both perspectives on this issue and seeks to make a case-specific determination of when relocation should be authorized.

Out of State Removal of Child After Divorce

When a custodial parent seeks to permanently move and bring the children outside of Illinois and the other parent does not agree to the move, Illinois's Marriage and Dissolution of Marriage Act requires the moving parent to file a petition with the court and demonstrate that the move is in the child's best interests. The court looks to the following factors when trying to determine the child's best interests:

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 Posted on May 21, 2014 in Divorce

If an unmarried couple has a child together, each parent should have the ability to exercise the same parental rights as a married father. However, in order for a man to have his rights and obligations as a father recognized by the courts, he must take steps first to establish "legal paternity." Legal paternity means that the law recognizes the unmarried father as the father of the child in question and, once it is established, he may have custody and/or visitation rights, as well as the responsibility to help support the child.

Legal paternity is established if:

• The father was married to the mother at the time of conception and/or birth of the child;
• The father and mother married after the birth of the child, and he agreed to be listed as the father on the child's birth certificate;
• Both the father and the mother have signed a special form, voluntarily acknowledging that the man is the child's father; or

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 Posted on May 19, 2014 in Divorce

So far you have worked diligently to find a good divorce lawyer. You have found a personable attorney with whom you can converse easily and candidly. This attorney is busy and has a good reputation, frequently appears before local judges in local courthouses, and keeps up to date with new developments in the law. Before signing her up though, one final question remains: is this attorney ethical?

Due in part to the contentious and emotion-heavy nature of divorce law, historically Illinois divorce lawyers have been the center of a large percentage of the state's total bar discipline complaints. The Supreme Court of Illinois likewise recognizes the particularly vulnerable nature of spouses in divorce proceedings and seeks to protect divorcing spouses by placing additional guidelines on the ways divorce attorneys in Illinois are allowed to collect legal fees.

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 Posted on May 13, 2014 in Divorce

Previously, we discussed a key consideration when selecting a divorce attorney: hiring a lawyer who has a busy schedule and caseload (and one who knows the laws). In the second part of this series, we will visit another quality to seek out in an attorney to help you achieve the outcome you desire: a personal connection.

Beyond the Cost: Look for a Connection

Not all attorneys or law offices are alike. As with any business or professional, each law firm has a unique culture and each attorney has a different approach to their work. When weighing various factors and deciding who to hire to represent you in a separation, it is critical to closely consider the "intangible" factors. While it is difficult to identify the specific qualities that may be best for your situation, it is important to develop a connection with your advocate.

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 Posted on May 06, 2014 in Premarital Agreement

As should be expected, most couples who decide to marry believe that their marriage will last until "death do them part." Unfortunately, as we all know, this is not the case for many couples, as nearly half of all marriages in the United States end in divorce. While preparing for a divorce may seem counter-intuitive prior to even getting married, in many situations it is wise for couples to come to an agreement regarding their rights and obligations should the marriage end in divorce. A premarital agreement, also known as a prenuptial agreement or "prenup," is especially important if one or both parties are entering the marriage with substantial assets or property.

To be enforced at a later date, premarital agreements must follow certain formalities and guidelines set out by Illinois law. For example, the agreement must be in writing and must be signed by both parties without any coercion on the part of either party. To avoid any future conflicts, you should always consult with an experienced Illinois family law attorney if you think you may want to draft a premarital agreement.

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 Posted on May 02, 2014 in Child Support

When a marriage ends, many legal issues may arise in regard to the former couple's rights and obligations towards one another and any property they may have accumulated. In situations where children are involved, additional issues regarding the way in which the parents must fulfill their obligations to support their children financially may come up too. Under Illinois law, parents have the legal obligation to provide for the reasonable and necessary educational, emotional, physical, and mental health needs of their children. As a result, Illinois courts are authorized to require that parents pay child support to ensure that these needs are met. While courts have general guidelines in determining how much child support to award, the assistance of an experienced Illinois family law attorney can help those who are involved in child support disputes obtain more favorable results.

Child Support Determination Factors

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 Posted on April 30, 2014 in Divorce

If you are facing an impending divorce, you are likely worried about how the process will affect your children, your finances, your valued property, and more. Additionally, your spouse may go out and hire an attorney who may try to intimidate you in negotiations in order to get the best possible outcome for your spouse at your expense. Though courts do not require you to also hire your own divorce attorney, you do not want to risk losing custody of your kids, your home, or receiving an unfair deal because you tried to handle your case yourself.

Many people do not know where to begin when choosing an attorney to handle their divorce. If you do an internet search for "Illinois divorce lawyer," you are likely to receive hundreds of possible results. Therefore, this three-part series offers tips on how to select a divorce lawyer who can help you receive the best outcome in your case.

Hire a Busy Attorney

When some people think of attorneys, they think of professionals who are too busy to ever call their clients back. While this stereotype may be true in some unfortunate cases, the truth of the matter is that there is an advantage to hiring a divorce lawyer who has a busy practice.

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 Posted on April 24, 2014 in Spousal Maintenance

Going through a divorce can be an extremely stressful time and may have a substantial impact on almost every aspect of your life. This is particularly true if your spouse made significantly more money than you do, or the other way around. In certain situations, people who are married agree to forgo education or career opportunities in order to support their partner or manage the household, while the other person pursues educational or financial goals.

Recognizing that a married couple often operates as a cohesive unit, Illinois law allows for former spouses to request alimony, also known as "maintenance," in order to provide for their financial needs should their marriage come to an end. In situations where spousal maintenance is contested or is at issue, the assistance of an experienced family law attorney can be extremely helpful in ensuring that your case comes to a successful resolution.

How Do Courts Determine Maintenance?

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