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August 2014 Archives

Protecting an inheritance or gift during a divorce

One of the most stressful aspects of divorce can be the division of property, and gifts and inheritances in equitable distributions states, such as Illinois, can make this division even more contentious. With this in mind, spouses should clearly establish what is separate versus what is marital property in order to protect their individual inheritances and gifts in case of a divorce.

Establishing paternity

Illinois parents may want to know more about paternity laws and how paternity is established in various circumstances. When a child is born to an unmarried couple, the father is not considered the legal father, and his name cannot be added to the birth certificate. He is considered to be the "alleged father" until paternity is established.

Don't overlook financial concerns during a divorce

From a financial standpoint, getting divorced in Illinois is a complicated process. Not only do divorcing spouses have to go through property division, but they must also consider the ramifications of their change in marital status on their taxes and their future. Some spouses overlook important financial matters and pay the price later on. However, by keeping a few things in mind when preparing for divorce negotiations, people may end their marriage in better shape financially.

Illinois children found safe after issuing Amber Alert

Two children who were reportedly taken from their mother during the morning of Aug. 14 were returned safely to Illinois Department of Children and Family Services Custody. The children were taken by the father while they waited in a car outside of the Lake County public defender's office. According to the child's mother, he wanted her to go there to recant two previous domestic violence allegations against him.

Oil tycoon's wife may get billions in divorce

Illinois couples with a high net worth might be interested in a pending divorce that involves the billionaire Harold Hamm. Authorities report that the legal termination of the 26-year marriage between the oil magnate and his wife may result in a divorce judgment that breaks records for its expensiveness. Reportedly, an Oklahoma court is to preside over the case, which may take as many as eight weeks to litigate.

What are the advantages of divorce mediation?

Illinois residents who are preparing to divorce may be curious about the benefits of mediation rather than litigation. While it is still necessary for couples to file an action in court in order to legally dissolve their unions, it is not required that they go through a trial or have a judge divide their assets. Mediation is on the rise among many couples as a lower-stress alternative to the traditional antagonistic divorce proceedings. The limited stress of mediation is one reason many family court judges routinely order mediation in cases involving child custody disputes.

Illinois child support regulations

According to state law, children under the age of 18 are legally entitled to receive support from both parents, and child support is the amount that the non-custodial parent is required to provide until they are an adult or the child becomes emancipated. Emancipation may occur when a child gets married, joins the military, is able to support themselves or moves out of their parent's home and desires independence.

How does a judge determine child custody in Illinois?

Many parents in Illinois who are going through a divorce find that one of the more emotional aspects of the process is how to deal with custody and living arrangements of their children going forward. As is the case around the country, courts in Illinois are required to determine child custody in accordance with the best interests of the children. The Illinois General Assembly has enacted legislation that sets forth a variety of elements that go into this decision. The following brief summary is not intended to constitute legal advice, and every family's situation is different.

Illinois child custody determinations

Illinois parents may be curious as to how a judge decides child custody when divorcing parents are unable to agree. Custody may be sole or joint. Despite the name, joint child custody does not necessitate that the parents share parenting time equally. It simply means that both parents participate in parenting. Legal custody also includes the right to make important decisions regarding the child, such as where the child will go to school or the child's religious upbringing.

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