Tag: divorce attorney

The importance of legally establishing paternity for unmarried fathers

The importance of legally establishing paternity for unmarried fathers

In the State of Illinois, if a couple is married and the wife has a child, it is automatically presumed that the husband is the father. No further legal recourse is needed in order for him to be acknowledged as the legal father. However, in the event that the couple is unmarried, the father is not given the presumption that his in fact the father. He must formally establish paternity.

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Difference between Marital vs. Non-marital property

Difference between Marital vs. Non-marital property

What’s mine is yours. What’s yours is mine.

In some marriages people tend to share everything with their spouse. However, when it comes to divorce not everything is split 50/50. There is a difference between marital property and non-marital property.

In Illinois, the courts try to keep this area black and white, however, as with every law there are gray areas. Generally speaking marital property is everything obtained by the couple after the moment they say “I do.”

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Illinois’ new ‘Right of first refusal’ law

Illinois’ new ‘Right of first refusal’ law

It is not uncommon in a divorce for one parent to be named the custodial and the other non-custodial.

The custodial parent generally has the physical or legal custody of their children. Meaning their children live with them day-to-day, and the non-custodial parent receives visits or overnight stays.

A new provision under the Illinois Marriage and Dissolution of Marriage Act requires the custodial parent to give their ex-spouse the right to watch their children, instead of hiring a third party childcare provider, in the event they will be away from home for a long period of time.

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Does cheating affect custody or maintenance in a divorce?

Does cheating affect custody or maintenance in a divorce?

Infidelity is a common cause for divorce in the country. Illinois is one of only a few states that allows a party to claim adultery as a grounds for a divorce.

However, in divorce proceedings an affair will rarely extend beyond calling for the end of a marriage, and when it comes to deciding child custody, maintenance and other factors, infidelity carries little weight in the courtroom.

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