Posted on in Annulment

IL divorce lawyerNobody enters a marriage anticipating an eventual divorce, especially shortly after beginning your lives together. Unfortunately, some people begin experiencing substantial and irresolvable problems with their spouses immediately after getting married. Perhaps your spouse is not who you thought they were; maybe living together has given you a new perspective on what an entire life spent with your spouse would really be like.

Whatever the reason you want to separate from your partner, you may be wondering whether an annulment is an option for you. Many people believe all marriages can be annulled if only they are short enough. However, Illinois law sets forth very specific provisions for when an annulment can take place. In this article, we will answer some common questions about marriage annulments.

What Is a Marriage Annulment in Illinois?

Annulment is no longer a term used in Illinois law. Now, the law refers to whether a marriage can be declared “invalid” - and there are only certain circumstances when this term applies. A marriage can be declared invalid only if it meets one of the following conditions:

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Posted on in Divorce

IL divorce lawyerIf you have made up your mind to get a divorce, the first thing you think of may be to get out of a situation where there is so much resentment and hostility. The prospect of freedom is enticing, and you may be tempted to move out right away. But before you pack your bags and head for the door, there are some things you should consider before you leave the family home.

Once You Leave the Family Home, You May Not Be Able to Come Back

When you leave the family home, you leave your spouse in possession of the house and everything inside. While you may have packed your clothes and other necessities, there are likely valuable items such as furniture or items of sentimental value that are still in the home.

Although there are consequences in the property division process for spouses who destroy, hide, or sell furniture and other valuables without their spouse’s permission, this is not unheard of, especially in divorces where spouses are fighting constantly. If you leave and your spouse changes the locks, you may have lost a valuable opportunity to protect your belongings.

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Posted on in Child Custody

IL divorce lawyerKnowing when to get divorced is one of the most difficult decisions a woman can make. Many factors influence the final decision, including whether there is any abuse or serious, unresolvable conflict within the marriage. Tolerating certain problems within a marriage may seem manageable to a woman, but once she finds out she is pregnant, she may realize her marriage has deteriorated to the point where she feels as though she can no longer bring a child into it.

This article discusses some of the issues women who are getting divorced while pregnant are likely to encounter. Keep in mind that this is not intended to be legal advice and that an Illinois divorce attorney is the best source for personalized, reliable divorce assistance.

Possible Paternity Disputes

When parents are married, any children born to them are legally presumed to be the biological product of both the father and the mother. However, individuals facing divorce may be involved with other partners. If a child’s paternity is in doubt, courts may require additional steps to verify that the alleged father is, in fact, the biological father. Courts may order genetic testing of the child, in which case they will wait until the child is born. This could delay the divorce proceedings.

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IL divorce lawyerYour previous marriage is behind you and you have moved on with your life after divorce. In fact, you have even met someone new, and are considering getting remarried. Thinking about your former spouse is probably the last thing you want to do in this situation, but your remarriage can have a substantial impact on your divorce agreement and future arrangements with your ex.

Understanding how a new marriage may affect spousal support and child support is an important part of getting remarried because the changes could impact not only you but your future spouse as well.

How Does Remarriage Affect Spousal Support in Illinois?

For the recipient of spousal support, getting remarried terminates the right to receive payments. However, many recipients of spousal support know this and will attempt to delay or avoid getting remarried in order to continue receiving spousal support. Illinois law disfavors this strategy and dictates that spousal support terminates when the recipient spouse begins cohabitating with a new partner. The recipient is required by law to immediately notify their former spouse of their remarriage or cohabitation.

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IL divorce lawyerDuring the divorce process, parents with children in Illinois must create something known as a “parenting plan.” A parenting plan addresses several things, including when each parent will spend time with their child, where the child will go to school, and who will make important decisions on behalf of the child. But creating a parenting plan that both parents feel is fair and addresses their individual concerns can be challenging. Even after the parenting plan is created, new issues may arise as the children grow older, causing parents to consider modifying the parenting plan to address these issues.

What If We Disagree on Everyday Rules?

A common concern for many parents is also one that potentially affects the everyday life of a child: How much time they are allowed to spend on screens? With screens on TVs, computers, phones, and tablets, it is easy for kids to spend hours each day watching television or playing games. A parent who is more restrictive about screen time may have legitimate concerns about whether kids are getting too much screen time at the other parent’s house.

Likewise, a parent who finds out that children are staying up late on school nights and getting less than the recommended sleep may find themselves taking care of grumpy kids with sliding grades. Or perhaps one parent is stringent about enforcing teeth brushing, and worries they will be stuck with a massive dentist bill when the consequences of the other parent’s decisions about sugar and dental hygiene come home to roost. But what can a parent do if they feel their child’s other parent is falling short on important everyday issues?

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