Posted on January 08, 2016 in Main

Individuals who are planning on marrying may be interested in forming a premarital agreement. This type of agreement defines the rights and responsibilities of each party during a relationship, as well as what happen in the event the relationship ends. Premarital agreements are also referred to as prenuptial agreements.

Forming an Agreement

Pursuant to Illinois law, a premarital agreement is an agreement made between individuals who intend to marry each other. The agreement becomes effective once the marriage actually occurs. In order to be enforceable, the agreement must be in writing, signed by both parties, and entered into voluntarily.

While most agreements require consideration to be exchanged between the contracting parties, premarital agreements do not require consideration in order to be enforceable. Individuals can agree (or contract) to the following in their premarital agreement:

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 Posted on December 28, 2015 in Main

Adoption brings together a child in need of parents and individuals who are willing to meet that need. As a result, adoptions are very beneficial for both children and parents. However, due to the different nature of adoption, there are unique issues related to the child's birth certificate.

Requesting a Copy of a Birth Certificate

Under Illinois law, an adult adoptee (considered a person 21 years of age or older) can request a non-certified copy of his or her original birth certificate. Further, this law allows the biological parents of a child placed for adoption to specify whether they would like to be available in the event the child wishes to contact them. Biological parents can also make their identifying information available.

In order to request an original birth certificate, the individual must fill out a Request for a Non-Certified Copy of Original Birth Certificate. This form must be submitted with a copy of a valid government-issued photo ID and a check or money order for $15 to the Illinois Department of Public Health (Department).

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 Posted on December 18, 2015 in Main

Under certain circumstances, an individual may wish to request that a court declare his or her marriage invalid. Invalidity of a marriage, which was formerly known as annulment, is a distinct process from divorce. In order to have a marriage declared invalid, the marriage must have occurred under specific circumstances as described by law.

Invalid Marriages

Under Illinois law, a marriage may be found invalid if it was entered into under one of the following conditions:

1. One party did not have the ability to consent at the time of the marriage, which can occur because of a mental incapacity, or through the use of alcohol, drugs, or other substances, or because the party entered the marriage against his or her will (for example, because of the use of force);
2. One party does not have the ability to engage in sexual intercourse due to a physical condition and, therefore, cannot consummate the marriage;

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 Posted on December 11, 2015 in Main

In addition to child custody and visitation modifications, several significant changes to family law in Illinois will take effect January 1, 2016. These changes impact parents with children of all ages, as well as the process for obtaining a divorce.

Changes to Illinois Law

Beginning in January, under Illinois law, irreconcilable differences will be the only basis for divorce. As a result, it will no longer be necessary to argue and prove fault (such as mental cruelty, adultery and/or abandonment) to complete the divorce process. Also, if the parties have lived separate and apart for six months prior to the entry of the judgment to dissolve the marriage, there is a presumption that irreconcilable differences exist. Importantly, this presumption cannot be rebutted. The six-month period is a change from the previous two-year requirement.

After a divorce has been completed that involves children, custodial parents in Cook, DuPage, Kane, Lake, McHenry, and Will Counties will be allowed to relocate up to 25 miles from their current residence without court permission. Parents in all other counties will be allowed to move up to 50 miles from their current residence without the permission of the court. Additionally, parents can move up to 25 miles across state lines without court permission.

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 Posted on December 04, 2015 in Main

When a couple decides to get divorced, it can be particularly hard on any children involved. This is true even when a divorce is amicable and parents put the interests of their children first. Most times, children are kept together when it comes to child custody determinations. However, under certain circumstances, there may be reasons why it is desirable to have siblings split between the parents.

Splitting Siblings

Courts usually believe that it is in the best interests of children to keep siblings together and that the loss of living with one parent is already difficult enough. Therefore, the preservation of the sibling relationship is important. However, there are situations in which splitting up siblings may be acceptable and include the following scenarios:

1. Siblings are not able to get along, to the point that they are abusive or combative towards each other;

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 Posted on November 27, 2015 in Main

If you are interested in adopting a child from outside of the United States, it is important for you to be aware of the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention). The Hague Convention made some significant changes to the requirements in international adoptions. While these changes increased the protections for those involved in adoptions, it also increased the time international adoptions take to complete. The following examines the requirements placed on adoption service providers under the Hague Convention.

Hague Adoption Convention

The Hague Convention is an international agreement intended to establish safeguards to ensure that intercountry adoptions occur in the best interest of the child being adopted and to prevent the abduction, sale, or trafficking of children. In the U.S., the Hague Convention became effective in 2008. The Hague Convention is applicable to all adoptions between the U.S. and other countries that have also adopted the Hague Convention. Most of the countries that individuals from the U.S. adopt children from are Hague Convention countries. A full list of the member nations of the Hague Convention can be found online.

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 Posted on November 20, 2015 in Main

On January 1, 2016, significant changes will go into effect in Illinois under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Specifically, changes will be made to child custody and visitation. Therefore, it is important to be aware of these changes as 2016 begins.

Allocation of Parental Responsibility

Beginning January 1, 2016, the entire section on custody will be named the Allocation of Parental Responsibility—the terms “custody” and “visitation” will no longer be used in Illinois. Moreover, custody orders, visitation agreements, and parenting agreements will be removed from the chapter and will be replaced with allocation judgments, parenting time, and parenting plans. An allocation judgment is a judgment that allocates or directs parental responsibilities.

Parental responsibility involves parenting time and significant decision making authority, with respect to the ordinary caretaking functions of minor children. Replacing the term visitation is parenting time, which is defined as the time a parent is responsible for conducting the defined care-taking functions and decision making responsibilities that are considered non-significant. Significant decision making responsibility is now considered a distinct category, separate from parenting time, and it involves issues that are of long-term importance to a minor child.

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 Posted on November 13, 2015 in Main

Among the issues to resolve in some divorce cases is the division of antiques, collectibles, or other unique items. Although this type of property is commonly at issue in high net worth divorces, antiques and collectibles may be a part of any divorce. In addition to having significant monetary value, these items often have sentimental value. Because of this, it can make dividing this property very difficult, particularly in contentious divorces.

Dividing Antiques and Collectibles

Antiques, unique items, or collections such as art, coins, or wine, are often not easily dividable. Further, it can be difficult to determine the value of these types of items. Contributing to that difficulty is the fact that antiques and collectibles may have significantly increased in value since they were first purchased or acquired.

One certain way in which to deal with the division of this type of property is to sell all of it and then simply divide the proceeds. However, if there is an emotional attachment to the property, this will not be a desirable option. Instead, the property will have to be valued and allocated between the parties.

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 Posted on November 06, 2015 in Main

If you are interested in adopting a child, it is important to know that there are several types of adoptions available. Understanding the different adoption alternatives can help prospective adoptive parents determine which form is best for them.

Domestic Adoptions

Often, prospective parents wish to adopt an infant. In fact, there are currently more people who wish to adopt an infant than there are infants available for adoption. Frequently, the adoption of an infant is accomplished independently. An independent adoption occurs through the use of an intermediary, such as an attorney, physician, or other facilitator. In independent adoptions, the transfer of a child occurs directly between the biological and adoptive parents.

Independent adoptions typically do not require counseling for the prospective parents. Additionally, independently adopted children are generally not eligible for financial assistance to help with any special needs that may not have been noticeable at the birth of the child.

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 Posted on October 30, 2015 in Main

Sexual offenses of a parent have significant consequences on their child visitation and custody rights. This is true even if an offense did not involve any harm to a child. Issues related to visitation and custody for a parent convicted of a sex offense may arise during or after divorce proceedings.

Limited Rights

A parent who has been convicted of a sexual offense faces limited rights when it comes to decision making, parenting time, and visitation of a child. In all cases, a child's best interests are always considered by the court.

Under Illinois law, in determining the allocation of significant decision-making responsibilities, the court considers, among other factors, whether one of the parents is a sex offender. If this is the case, the court also considers the exact nature of the offense and any treatment that the parent participated in.

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