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Recent Blog Posts
International Adoptions: Overcoming the Complexities
Adopting a child from another country is more complex than a domestic adoption. These type of adoptions can be expensive and can take longer to complete. However, this does not make adopting a child from another country impossible. Rather, it just means that there are additional issues of which prospective adoptive parents should be aware.
Hague ConventionThe Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) was designed to provide safety for the children and parents involved in adoptions. The specific objectives are to establish:
What is an Adoption Home Study?
An important part of the process leading up to adopting a child is the adoption home study. Because of the length and thoroughness of home studies, you may feel overly burdened and like your privacy is being invaded. But, it is important to keep in mind that the home study is a tool to ensure that your adoption will be a successful one for both you and your adopted child.
What Does a Home Study Include?
An adoption home study is a document written by a home study worker about the prospective adoptive parents. It includes information gathered from interviews with each family member living in the prospective parents' house. The interviews will likely be fairly exhaustive and may take some time to complete. Typically, the interviews occur in the prospective parents' home.
What Happens to the House in a Divorce?
Determining who will get the house is often one of the biggest issues that must be resolved for people going through the divorce process. It is likely that a house is a couple's most highly valued asset, and the decision of what happens to the house is affected by several factors.
Equitable Division
Illinois is an equitable division of property state. Hence, property in a divorce is divided as fairly as possible. One spouse may end up with significantly more because the court awards property based on what each spouse contributed to the marriage. If one spouse had significantly higher financial earnings, the division of property may weigh heavily in that party's favor. But, it is important to note that the court also considers the value of a stay-at-home spouse.
Division of Property upon Divorce
When a couple is married, they will likely obtain a great deal of personal and real property during the course of their marriage, particularly when they are married for a significant period of time. Therefore, when a couple decides to divorce, how that property is distributed becomes a critical issue.
Agreement
Under Illinois law, divorcing parties may enter into a written or oral agreement containing provisions for the disposition of property owned by either party. This agreement is binding on the court unless it is found to be unconscionable. In determining whether an agreement is unconscionable, the court will consider the economic circumstances of the parties and any other relevant evidence. If the court finds that the agreement is unconscionable, it may request the parties to submit a revised plan or agreement.
Paternity Determinations in Illinois
There are several important reasons why a single parent should legally determine paternity, such as to obtain support or to establish a family relationship. Furthermore, there are numerous ways in which paternity determinations can be initiated and resolved. If you are involved in a paternity dispute, it is important to understand the different ways legal paternity may be determined in Illinois.
Parent and Child RelationshipThe parent and child relationship is defined as the legal relationship existing between a child and his or her natural or adoptive parents. This is important because the law confers or imposes rights, privileges, duties, and obligations on this relationship. Illinois specifically states that it includes the mother and child relationship and the father and child relationship.
Child Support after a Child Reaches Majority
Ordinarily, an obligation to pay child support ends when a child reaches the age of 18 or graduates from high school, whichever occurs later. However, under certain circumstances, a support obligation may continue beyond age 18 and graduation from high school.
Child Support in Illinois
Under Illinois law, a child support order must state a date when the support obligation ends, which cannot be earlier than the date on which the child will turn age 18. However, if a child turns 18 while still in high school, the support obligation must continue until the child graduates from high school or until he or she turns age 19.
However, in Illinois, a judge may award support for a child who has attained majority under the following circumstances:
Collaborative Divorce in Illinois
Divorce is often considered to be an adversarial battle. However, this does not have to be the case. While it is not appropriate for everyone, the process of collaborative divorce can work very well for certain couples. If the parties in a divorce can set aside their differences and cooperate with one another, a collaborative divorce may be a more efficient and less contentious alternative to the traditional divorce process.
What is Collaborative Divorce?
During a divorce, issues such as property distribution and child custody must be resolved. Under a collaborative divorce, a couple cooperates to make these important determinations. Both parties retain their own attorneys who are specially trained in collaborative divorce. All four people come together regularly in an attempt to arrive at an agreement. The focus of a collaborative divorce is to resolve the issues in a civil manner, without placing blame on anyone.
Enforcing Illinois Child Support Obligations
During a divorce proceeding, a child support obligation is often a critical area of consideration. When divorcing parties have a minor child, a determination regarding child support must be made. The court will usually set the amount of child support according to guidelines that are codified under Illinois law. In certain circumstances, however, the court will consider other factors and deviate from the guidelines when making the determination of how much child support should be ordered. Additionally, the court can order either or both parents to provide for certain other expenses, such as healthcare or education.
However, even though a support obligation is ordered by the court, it does not mean that the obligation will always be followed. For custodial parents faced with an uncooperative non-custodial parent, there are several ways in which a support obligation may be enforced.
The Differences between Joint, Shared, and Split Custody
There are several ways in which child custody may be organized, and understanding the differences can enable parents to make the best choices for their children.
Forms of Joint CustodyMost people are aware of joint custody—one parent has physical custody of his or her child for a majority of the time while the other parent pays child support and has visitation rights. However, a hybrid form of joint custody, called shared custody, is starting to gain popularity throughout the nation. Under shared custody, a child spends alternating blocks of time with each parent. The alternating block of time can be of any duration, but it is usually best in one or two-week periods. In most situations, a child spends approximately the same amount of time with each parent.
Maintenance in Illinois Divorce Cases
Upon divorce in Illinois, it is possible that one spouse may be awarded, and the other spouse ordered to pay, maintenance. Maintenance is support for one spouse from the resources of the other spouse. The issue of whether, and in what amount, maintenance may be awarded is often a critical issue for divorcing couples.
Types of MaintenanceThe most significant form of maintenance is permanent or indefinite maintenance, which is awarded when it is unlikely that a spouse will ever be able to find and secure sufficient employment from which to support themselves. A spouse may not be able to secure employment because he or she suffers from a serious illness. Or, he or she may have forgone employment or education in order to care for the home, particularly if children are involved.