Category Archives: DuPage County Divorce Attorney

Name Changes After Divorce: Why, How, and What Is New in Illinois?

DuPage County divorce and name change attorneyIn the year 2020, it will be much easier to change your name after a divorce. This is due in large part to a new law. There are many reasons why a divorced person might want to change their name, and certain steps must be followed when doing so in Illinois.

Why Change Your Name After a Divorce

There are many reasons you might wish to change your name following your divorce. Here are just a few:

  • Liberation and “Fresh Start”—Being able to change your last name back to your original name or even an entirely different name of your own invention will grant you a sense of liberation. You will feel like you are taking steps forward in your new life without your spouse.

  • An Easier Time Dating—While potential new partners will likely not know about your ex-spouse (at least not initially), you may still want to avoid associating yourself with your past relationship. When you begin dating, you will probably prefer introducing yourself with a name that does not carry negative associations or other “baggage” that may be attached to your married name.

  • Honoring Your Biological Family—If you choose to revert back to your name before marriage, this can serve as a loving tribute to your parents and biological relatives.

  • You Liked Yourself Better Before Marriage—Some marriages and divorces can result in a great deal of resentment and bitterness. Perhaps the way you changed throughout your marriage is part of the reason you sought a divorce in the first place. You might have even preferred who you were before you got married. Changing your name back is an easy way to reclaim the parts of yourself you loved prior to your marriage.

How to Change Your Name After a Divorce in Illinois

While it can be a hassle to change your name after divorce, it is actually a fairly straightforward and simple process. It is recommended that you simply change your name during the divorce process, but if you cannot do that, here are the steps you can take to change your name after divorce:

  • If you did not include a clause in the divorce decree stating your desires to change your name, you will need to petition for the name change through the standard process.

  • Complete the necessary paperwork (Petition for a Change of Name Form).

  • File the petition with your local circuit court.

  • Attend a public hearing with a judge affirming your decision to change your name. The judge will ask you why you want to change your name to ensure it is a reasonable decision.

  • Upon approval by the judge, a certified court order will be issued to you. Provide that to the local Social Security Office and DMV in order to get a new social security card and driver’s license with your changed name. Upon receiving these vital pieces of identification, you will be able to use them to change your name on all of your other accounts, including banking, utilities, mortgages, and more.

New Law to Make Name Changes Easier and More Private

As of January 2020, the state of Illinois is making it easier to change your name after a divorce. A new law has eliminated the requirement for petitioners to publish a notice in the newspaper about their pending name change. In the past, this requirement slowed down the process significantly, and it often took as long as three weeks. Fortunately, this new law offers the following benefits:

  • A quicker, more streamlined name change procedure

  • Improved privacy (as advocates for the new law suggest, no one in the greater public deserves to know about your relationship status)

  • An increased likelihood of divorcees following through with their name changes due to a less intimidating and involved process

Contact a DuPage County Divorce Lawyer

Due to the new laws in Illinois for 2020, you need to work with a Wheaton divorce attorney who can help you stay abreast of all the latest legal updates. That is why you should work with Andrew Cores Family Law Group. Our knowledgeable lawyers can help you with your divorce and offer you advice on your name change after divorce, if necessary. Reach out to us at 630-871-1002 for a complimentary consultation.

Sources:

https://www.chicagotribune.com/lifestyles/ct-life-divorce-name-change-law-tt-0619-20190619-zrsfyubi6re2tbbkq6kkbmdtyy-story.html

http://www.illinoiscourts.gov/forms/approved/name_change/name_change.asp

https://medium.com/@edandersonwriter/pros-and-cons-of-keeping-your-married-name-after-divorce-bb55f37cbf9c

What Are Parenting Time Rights in an Illinois Divorce?

DuPage County parenting time attorneyGoing through a divorce can be difficult on an adult as well as a child. The end of a marriage also means the end of the family unit as they knew it. Determining child visitation, now referred to as “parenting time” in Illinois, can be a complicated matter. The child’s best interest is what the court considers when parenting time rights are being established in any divorce settlement. Parenting time can be divided in many different ways, but it is imperative that the parents keep personal preferences out of the equation and devise a plan that works best for the child.

Determining the Child’s Best Interests

It is recognized by the state that in most cases, it is best for children to have a healthy relationship with both their mother and father, and those familial bonds are essential in their development. While parents may be able to reach an agreement on how to share parenting time, they may need to settle these issues in court if they cannot do so on their own. A judge will consider various types of information when determining the best outcome for the child, and the following elements are taken under advisement:

  • Parents’ wishes

  • Child’s wishes

  • Child’s age

  • Time and dedication the parent can provide

  • Life at home, school, and community

  • Mental and physical health of all involved parties

  • History of violence

  • Parents’ willingness to co-exist

  • Whether a parent is an active military member

  • Whether a parent is a convicted criminal

Keeping all of these factors in mind is crucial to ensure that the child receives the best possible care and upbringing. In some cases, certain factors might have more weight than others when deciding parenting time. It is up to the parents and their attorneys to ensure everything is communicated properly to the court.

Possible Outcomes

The allocation of parental responsibility (formerly known as child custody) refers to the authority to make decisions about children’s upbringing, and responsibility may be shared between parents or allocated to one parent. However, regardless of how these responsibilities are allocated, each parent is entitled to reasonable parenting time with their children, as long as the child will not be endangered during their periods of parenting time. A parenting time schedule will be included in the parenting plan that is part of a couple’s divorce decree. While this schedule is meant to remain in place for the foreseeable future, modification of parenting time is possible in certain scenarios, such as emergency orders of protection, a change in parental income, the relocation of a spouse, or other situations.

Contact a Wheaton, IL Parenting Time Attorney

Divorce is not easy for anyone, especially if it involves a child who now has to split time between two parents. This can cause anxiety for all involved parties. As a parent, ensuring the best for your child should be of the utmost importance. The devoted attorneys at Andrew Cores Family Law Group will take the time to ensure that you understand your rights to parenting time, and we will work with you to help secure the best possible outcome for you and your child. Our experienced DuPage County divorce attorneys will work with you every step of the way during the proceedings. To schedule a free consultation, call our office today at 630-871-1002.

Sources:

https://www.liveabout.com/illinois-child-custody-guidelines-2997106

http://www.ilga.gov/legislation/101/HB/10100HB0185.htm

How Can a Child Support Order Be Modified in Illinois?

DuPage County child support modification attorneyAfter you have gone through a divorce and are paying or receiving child support, there may come a time when you believe the amount you pay or the child receives should be adjusted. In Illinois, this may be done through a modification review process.

When Can I Have My Child Support Order Modified?

Under Illinois family law, an order for child support is eligible for modification review every three years, or when there is a significant change in either parent’s income or in the needs of the child. In the case of a three-year review, a parent will receive a letter from the agency in charge, informing them of the right to request a review.

Who Conducts the Modification Review?

Modification reviews of child support orders in Illinois are done by the Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services (DCSS). The agency is tasked with the responsibility to make sure child support orders are consistent with applicable Illinois law and changed circumstances involving all concerned.

What Are the Requirements for Child Support Modification Review?

To qualify for a modification, one of the following conditions must be met:

  • At least three years must have passed since the date child support order was issued or since the date of the decision from the last modification review.

  • There is a substantial change in the non-custodial parent’s income.

  • There is nothing in the order that addresses the child’s healthcare coverage.

  • There is a written communication received by DCSS from the custodial parent, the non-custodial parent, or an agency in another state requesting a review.

If you have requested the modification review, both you and your ex-spouse will receive a letter from DCSS stating whether the order qualifies for modification review or not. You should expect this letter in 30 days or less from when DCSS receives your request. If the order qualifies for a modification, both you and your ex-spouse will be asked to provide information to be evaluated in determining whether your request should be granted.

What Happens After a Child Support Modification Review?

DCSS will analyze the information you and your ex-spouse provide to recalculate the amount of child support your child should receive. The results of the analysis will be sent to you by mail. This notice may state that the amount of child support payments will increase, decrease, or remain unchanged. If you disagree with the decision, the law allows you various ways you can have this decision itself reviewed.

Contact a DuPage County Child Support Lawyer

Requesting and obtaining a child support modification can be a complicated process, especially when there are other issues that cannot be resolved by DCSS. To ensure that the decisions made will meet your family’s needs while protecting your financial resources, you should work with an attorney who is experienced in family law and understands how the child support modification review process works. If you believe there are good reasons why child support ordered in your case should be modified, our knowledgeable Wheaton, IL family law attorneys are ready to help you get the modifications you need. To schedule a free consultation, call 630-871-1002 today.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3588.aspx