Tag Archives: DuPage County family lawyer

IL divorce lawyerThe courts in Illinois rarely grant either parent sole custody and parenting time. This is due to the fact that the courts will base their decision according to the child’s best interests. The courts believe that spending time with both parents, preferably as equally as possible, is best for the child. As such, it is important that spouses think about how they are going to co-parent even before their divorce is final.

When a judge sees that the parents are willing to cooperate with each other, they are more likely to award each spouse parenting time as fairly as possible. If the spouses end up going through mediation, learning how to co-parent effectively is especially important because the spouses will be responsible for creating a parenting plan together. If you are going through a divorce and there are children involved, below are some tips that can help you co-parent effectively.

Remain Respectful About Your Ex

No child should ever feel as though they are forced to choose between their own parents after a divorce. One of the best ways to avoid this is to always speak respectfully about your ex-spouse. This is true not only when you are speaking directly to your child, or to your ex, but also when speaking to anyone when your child can overhear, such as when you are on the phone with a friend.

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IL divorce lawyerThese days, many people rush to Facebook, Twitter, Instagram, and many other social media profiles to tell their friends and followers about what is happening in their life. If you are going through a divorce though, you may want to think twice before hitting “post.” Using social media, especially if you use it in the wrong way, could seriously hurt you in your divorce and can have a very real effect on what kind of settlement you receive. Below are some things you should know about social media and how to use it, or not use it, when going through a divorce.

Do Not Post About Your Divorce

One of the worst things you can do during your divorce is post about it on social media. If you use social media to vent about your ex or talk about your divorce, it is likely going to be held against you in the future. There is a good chance that you need to talk to someone about what you are going through. However, it is a much better idea to speak to a friend privately about it, or even speak to a therapist. These are confidential conversations that will not be used against you later.

The best advice is to refrain from posting to social media altogether during your divorce. If you cannot do that though, make sure anything you post has nothing to do with your marital relationship, property division, child custody issues, or anything else pertaining to your divorce.

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IL child support lawyerChild support in Illinois is legally binding. When a judge orders one parent to pay it as a result of divorce, they must do so. That does not mean, however, that you are stuck with a high payment that you might not always be able to afford. The law in Illinois recognizes that situations change and as such, either parent can petition the court to have their child support payments modified. The steps for doing so are outlined below.

Find a Good Family Lawyer

It is not a requirement that you have legal representation to modify child support payments. If you represent yourself, you will not have anyone to guide you through the legal system. The staff in the courtroom also cannot give legal advice, or tell you of the chances of a successful outcome. It is in your best interest to speak to an attorney any time you have to go to court.

Complete All Forms and File with the Court

There are many forms you will need to complete. These include:

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IL divorce lawyerMany people get married without creating a prenuptial agreement. Then, maybe a few years or even a few days after the wedding, they determine that they need a bit of protection in case they get divorced. Maybe they have started a business that is hugely successful. Or, maybe they just did not realize how much they needed a prenuptial agreement before the big day. Whatever the reason, now the couple understands that they need to protect their assets. So, they start thinking about drafting a postnuptial agreement.

When this is the case, the couple may decide to simply draft an agreement on their own and sign it. That is perfectly legal and, if done right, enforceable. However, doing it right is key. An Illinois family lawyer can help with this and ensure that in the event that the worst happens, everyone is protected. Below are just two reasons you should not draft a postnuptial agreement without first speaking to an attorney.

An Attorney Will Ensure You Are Protected

Postnuptial agreements are legal documents that, when done right, can help protect both spouses. However, when they are not done right, postnuptial agreements also pose risks for both spouses. Postnuptial agreements are legally binding documents and so, neither spouse can remove themselves from the terms later on simply because they do not like them, or because they did not read or fully understand what the contract said.

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IL paternity lawyerThere are many reasons you may want to establish paternity in Hinsdale. You may want to have the right to child custody but are not wed to the mother, or you may be in disagreement with the mother about who the father of the child is. Illinois law presumes that when two parents are married, the husband is the biological father of the child. There is no presumption made, however, when parents are unwed. It is mostly in cases of unwed parents that people wish to establish paternity in the state, although there are certainly some others. No matter the reason, it is important to establish paternity, so that a legal relationship between the father and child can be created.

Establishing Paternity in Hinsdale

In Illinois, there are three different ways to establish paternity. The first is by completing a Voluntary Acknowledgement of Paternity (VAP). This is a document in which both the mother and father agree on the parentage of the child. The mother and the father must both complete and sign the VAP and the father will voluntarily acknowledge that he is the biological parent of the child. Many paternity cases are decided this way. When parents are not married, these forms are often filled out at the hospital shortly after the child’s birth.

If the father disagrees that he is the biological parent of the child, there are then two options. The first is to have the State of Illinois’ Department of Healthcare and Family Services’ (HFS) Child Support Service enter an Administrative Paternity Order. When this document is submitted, the HFS will first try to determine paternity without the need for legal measures. To do this, they will schedule DNA testing and conduct an interview in their office to try and come to a resolution.

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