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Tag Archives: DuPage County family law attorney

dupage county divorce lawyerWhen we think of newlyweds, we typically imagine happy couples joyfully embarking on their marriage relationship. Unfortunately, for some spouses, the days, weeks, and months after the wedding are fraught with regret. If you got married and then realized that the marriage was a mistake, you may be eager to end the relationship. You may wonder whether you can get your marriage annulled. In Illinois, annulment is possible, but only under certain conditions. Married couples who do not meet the criteria for annulment must end their marriage through divorce.

Illinois Law Regarding Annulments

An annulment is referred to as a “Declaration of Invalidity of Marriage” in Illinois law. Annulments are often portrayed in pop culture as a shortcut to getting divorced. However, divorce and annulment are two completely different legal processes. Divorce ends a marriage. Annulment, on the other hand, declares that a marriage was never valid in the first place.

Your marriage may be annulled if at least one of the following are true:

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wheaton family law attorneyAs anyone in a blended family can tell you, navigating relationships involving stepparents and stepchildren is often difficult. Many parents struggle to accept it when an ex remarries and brings a new stepparent into their child’s life. This is especially true if the parent feels that the stepparent is trying to replace him or her. If you are a father currently in this situation, you may wonder whether your child’s stepfather has the right to adopt your child. The answer depends on several factors.

Illinois Law Regarding Parental Rights

According to Illinois law, a child can only have two parents. A child may only be adopted if one or both of the child’s parents is deceased or has their parental rights terminated. If you have already established paternity or parentage of your child, you are the child’s father in the eyes of the law. This means that your child’s stepfather cannot adopt your child unless your parental rights are terminated - either voluntarily or involuntarily.  Illinois law seeks to preserve the parent-child relationship whenever possible. Therefore, it is only under extreme circumstances that a parent’s rights are terminated against his or her will.

Illinois courts may determine that a parent is “unfit” and terminate that parent’s rights if the parent:

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Illinois family law attorney, legal issues before getting marriedMost people have overriding romantic thoughts when the idea of marriage is first discussed. While this is normal, it is also important to keep in mind that there are several legal aspects to consider before getting married. Moreover, although it may not be very romantic, many couples find it helpful to discuss these legal issues before getting married.

The Process of Marriage

A wedding and a wedding reception are the fun parts of the marriage process—a process which brings together family and friends in a celebration of the new couple. However, there are more mundane items that must be taken care of before a marriage is legally recognized. For example, a couple must fill out an application for marriage. Under Illinois law, this application must contain the following information:

  1. Personal information, including, but not limited to, each person's name, Social Security number, and date and place of birth;
  2. Whether either person was previously married, as well as any information related to the divorce from, or the death of, the former spouse;
  3. The name and address of the parents of each person; and
  4. Whether the parties are related to each other and, if so, in what way.

After a couple completes the application, they must both appear before the county clerk and pay a license fee. The clerk will issue a license to marry and a marriage certificate form. Under most circumstances, the license to marry becomes effective one day after the date of issuance. This means that a couple cannot obtain a license and get married the same day. However, a license can be made effective on the same day of issuance by court order. It is also important to note that the license expires 60 days after the date of issuance.

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DuPage County family law attorneysToday’s world is, in many ways, more connected than ever before. Thanks to the rise of digital and online technology, it has never been easier to look for new employment or educational opportunities that may exist far from your current home. For some people, it is also relatively easy to pick up and move to a new city or state in search of a better life, but this is not the case for everyone. If you are divorced, separated, or unmarried and you and your child’s other parent share parental responsibilities, moving to a new area can be rather complicated.

How Far Is Too Far?

The Illinois Marriage and Dissolution of Marriage Act provides that any move that qualifies as a “relocation” must be approved by the court in advance. A relocation is any move by a parent with half or more of the parenting time with the child that exceeds a certain radius from the current home. If you currently live in Kane County—or Cook, DuPage, Lake, McHenry, or Will County—an in-state move of more than 25 miles is a relocation. If you currently live in any other county, a relocation is any in-state move of over 50 miles. Finally, if you live anywhere in Illinois and move more than 25 miles to a new out-of-state home, the move is considered a relocation.

Why Is Approval Needed?

The law requires you to obtain the court’s permission for a relocation to ensure that the rights of your child’s other parent are not being unduly compromised. The other parent—in most cases—has the right to reasonable parenting time with your child and the new geographical distance can present major challenges. Obtaining the court’s approval can be relatively easy if the other parent does not object to your proposed relocation. If you are able to negotiate a new parenting time plan that allows for a continued relationship between the other parent and your child, the move will likely be allowed to proceed. If the other parent does not agree and you still wish to pursue the relocation, you will need to convince the court that the move serves your child’s best interests.

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DuPage County family law attorneyFor most couples, a wedding is a culmination of months—if not years—of planning for a day that will mark the beginning of the rest of their life together. With a ceremony, reception, and honeymoon to put together, relatively few give much thought to a prenuptial agreement. However, as thousands of American divorcees would attest, developing such a contract with your soon-to-be spouse can safeguard your personal and financial well-being.

What is a Prenuptial Agreement?

A prenuptial agreement is a contract that a couple who are going to get married may create and sign prior to their wedding. The agreement typically specifies details how the couple will split their finances in the event of divorce. This includes the division of marital property, such as the house, bank accounts, and marital debt. If you or your spouse own a business, your agreement could also outline your plan for your interests should divorce become a reality. Prenuptial agreements can also be used for other considerations, such as the payment of spousal support and the payment of attorney's fees in the event of divorce.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree