Tag Archives: Hinsdale family lawyer

Il divorce lawyerMarriage is not for everyone. While some people need to stand up in front of family and friends during a ceremony, others like to simply live together as husband and wife, without any documentation to back that up. This latter situation is known as a common-law marriage and although it may work for some people, it is important for anyone that enters into one to understand how to protect their rights.

What Constitutes a Common Law Marriage

Of course, not everyone that lives together is considered to be in a common-law marriage. In most circumstances, people wishing to enter into this type of relationship must:

  • Live together for a certain amount of time
  • Have the legal right to marry
  • Intend to marry at some point
  • Recognize the other person as their husband or wife

Not all states recognize common law marriage and so, the above requirements only apply to those that do.

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IL divorce lawyerMost people would like to know that once their divorce is finalized by the courts, it is truly over. However, that is not always the case and many spouses often want to modify court orders issued as a result of a divorce. Modifications are not granted easily by the courts. They will take a number of factors into consideration, such as the order an ex-spouse wants to be modified, and the reasons for changing it. If you have recently gotten a divorce and now wish to modify some portion of the divorce decree, below are some of the most important things to know when making changes.

Reasons for Post-Decree Modifications

Typically, only two changes in a person’s life allows them to modify court orders. These include a change in their financial situation or a change in their family situation. Common reasons for post-decree modifications include:

  • A party paying support suffers a disability and can no longer work as a result
  • A party receiving support has been promoted or has received a significant increase in their salary
  • A party has had a significant reduction in their earnings
  • One party has remarried or has had another child
  • The needs of a child receiving support have changed
  • The child has reached an age of maturity and wishes to live with the other parent
  • A parent wants to move to another state

Even when these scenarios occur, it is crucial that both parties comply with the original order before making any changes. If they fail to do so, they may be held in contempt of court.

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IL divorce lawyerWhen a couple gets divorced, they may be able to come to a mutual agreement about child custody arrangements, but that is quite rare. In most instances, the two spouses must go through child custody hearings, where a judge will award either sole custody, typically allowing the other parent reasonable visitation, or joint custody, in which both parents will receive custody of their child or children. Of course, during these hearings, you want the best result possible and there are some tips you can follow to ensure that happens.

Your Child Cannot Decide

During the proceedings, a judge will award custody based on what is in the child’s best interests. This means that the child cannot decide which parent they want to live with. Although a judge will weigh a child’s preference when making the decision, and more weight is given to a child’s preference the older the child is, the deciding factor is always what is in the best interests of the child. A judge will also look at the reasons why a child wants to live with a certain parent. For example, if it is only because one parent is not a disciplinarian, that reason will likely not be enough.

Keep Track of How Much Time Is Spent with the Child

A judge will also look at how much time each parent currently spends with the child when making child custody decisions. The more time that is spent with a child, the more likely that parent will be awarded custody. As such, it is important to keep track of how much time you spend with the child. This includes helping them with homework, taking them to extracurricular activities, and driving them to and from school.

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IL divorce lawyerAlthough people going through a divorce in Illinois are not required to work with an attorney, it is always a good idea to get legal advice when going through the process. You do not need just any lawyer, though, you need the lawyer that is right for you. You will feel the impact of the final decisions made in your divorce for some time, so it is important that you work with someone that is right for you and that will work in your best interests. Below are some of the most important tips to follow so you ensure you get the right lawyer for your case.

Decide on the Divorce Process You Want to Use

Many people imagine a long and costly courtroom battle when they head into a divorce. That, however, does not have to be the case. There are many different types of divorce in Illinois, including mediation and collaborative divorces. You must know what type of divorce you want to get so that you choose a lawyer that is familiar with those methods and can help you through the entire process.

Look at Family Lawyers Only

There are many different areas of law, and attorneys are usually specialized in only one or two of them. When you are getting a divorce, a personal injury lawyer that helps accident victims claim compensation is probably not going to be familiar with divorce laws, or the process of getting you the fair settlement you need. Only consider family lawyers when you are getting a divorce. They will understand the ever-changing laws surrounding divorce in the state and on a federal level and will be most familiar with the process.

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IL divorce lawyerIn Illinois, all parents are financially responsible for their minor children. When two parents are married, it is assumed that both parents will contribute to the financial needs of their child. When those parents are not married, or they get a divorce, typically one parent must make child support payments. In most situations, the parent that pays child support only must do so until the child reaches the age of 18. It is then assumed that the child can make their own living and financially support themselves.

When a child suffers from a disability, they are sometimes unable to work and earn that income to support themselves. Illinois law recognizes this and outlines certain times when child support can be extended to support a child with a disability.

What Qualifies for Extended Child Support in Illinois?

According to the Illinois Marriage and Dissolution of Marriage Act, a disability is considered an impairment that prohibits a person from performing a major life activity. An impairment can be physical or mental and can include developmental disorders, physical handicaps, intellectual disabilities, and more. As long as the impairment is severe enough that it limits a child’s ability to perform daily tasks, support for the child may be extended.

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