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Recent Blog Posts
Gaining and Giving Consent in Illinois Adoption Cases
Adoption is a great way to help a child and bring them into your family. Whether you are a same-sex couple, a couple who is unable to have children, or an unmarried individual who wants a child, adoption is a viable option. Adoption can prove to be a challenging and time-consuming process because of all of the legal hurdles you face. One element of the adoption process that can be difficult is gaining proper consent so you can finalize the adoption. Gaining consent means the appropriate parties have agreed to give all rights and responsibilities related to the child to the new adoptive parents.
Who is Required to Consent in Adoption?
If the birth mother and biological father still have parental rights and legal custody of the child, both the mother and the father (if paternity has been established) are required to consent to the adoption. If the child is no longer in the legal custody of the parents, then consent can be given by:
What is Illinois’ Joint Simplified Dissolution of Marriage?
Making the decision to get a divorce is rarely easy. Marriages do not just break down overnight. They typically deteriorate over years or even decades. By the time you are at the point of wanting to end your marriage, you want the divorce process to go as quickly as possible. Fortunately, the state of Illinois has created a streamlined way of getting a divorce, though only some couples qualify. This type of divorce process is called a joint simplified dissolution and it can be greatly beneficial for couples who utilize it.
Qualifying Criteria
Before you file for a joint simplified dissolution, you must make sure you meet the criteria set forth in section 452 of Part IV-A of the Illinois Marriage and Dissolution of Marriage Act. You must prove that all of the following conditions exist before you can file for a joint simplified dissolution:
- Neither spouse is financially dependent on the other and/or each spouse is willing to waive their right to spousal support;
Determining the Best Interests of Children in Illinois Divorce Cases
Divorce is stressful, even for the most steadfast of people. When there are children involved in a divorce, things become more complicated. Children tend to process divorce differently than adults because they are still developing mentally and emotionally. If a divorce is not handled properly, children can experience lasting effects, such as depression and low self-esteem.
Illinois courts take a very child-centered approach to divorce proceedings. They put the children’s best interests first when making child-related decisions. But what actually are the child’s best interests?
Parenting Time and Decision-Making Responsibilities
Two of the biggest issues involving children include how the parents will divide time with their children and which decision-making responsibilities each parent maintains. Illinois understands most parents will put their children’s interests before their own, but to ensure this, the court makes certain decisions for parents when they are unable to negotiate divorce agreement provisions on their own. When determining parenting time and the allocation of parental responsibilities (child custody), Illinois courts will consider:
How Is Child Support Calculated in an Illinois Divorce?
Divorcing when you and your spouse have children can be much more difficult than if you did not have children. In addition to worrying about your own feelings about the divorce and your well-being, you also have to worry about how the divorce will affect your children. In addition, there are a few more issues you will have to tackle before you can finalize your divorce, such as your children’s living arrangements, your parenting time schedules, and child support. In Illinois, courts can order one or both parents to provide financial support for a child until the child reaches the age of 18 or they graduate high school, whichever comes later. There is quite a bit that goes into the calculation of child support, so it is important to understand how these obligations are determined.
Determining the Basic Child Support Obligation
The state of Illinois calculates child support using an “income shares” model. This means that the amount of support each parent owes the child is based on his or her income and the percentage of the total household income he or she provides. First, a Gross to Net Income Conversion Table provided by the Illinois Department of Healthcare and Family services is used to determine each spouse’s net income. Next, those values will be added together to find the combined net monthly household income.
Establishing Paternity: It is More Important Than You Might Think
The only time the legal father of a child is presumed in Illinois is when the mother is married when the child is born or within 300 days before the child is born. In these cases, the man the mother was married to is presumed to be the legal father of the child. If the mother was unmarried at the time the child was born or within 300 days before the child was born, then it is her responsibility to establish the paternity of the child. Paternity can be established through a couple of different ways, but it is essential that it is done, especially if the mother is attempting to seek child support from the child’s father. Paternity cases can be confusing, which is why getting legal help is advised in these situations.
Ways of Establishing Paternity
If your child’s paternity is not automatically presumed, then you must go about establishing your child’s paternity through alternate means. There are two other ways you can determine your child’s paternity: through the use of a Voluntary Acknowledgement of Paternity form or by actions taken by a state child support agency or a judge. The easiest way to establish your child’s paternity is to fill out and sign the Voluntary Acknowledgement of Paternity form while you are at the hospital and have your child’s father do the same.
5 Ways You Can Prepare Your Finances For Your Illinois Divorce
In the Chicago area, the cost of divorce can run from about $3,500, if there are no children and no disagreements over assets, debts, and money, to over $30,000 if there are these and other types of conflicts. The more you fight, the more you go to court, the higher the cost.
At the Divorce and Family Law Offices of Wakenight & Associates, P.C., we know divorce and family law inside and out. Every single day, our attorneys work with and help clients such as yourself. In every case, we aim high, and our first and primary objective is to attempt to reach an agreement on every issue.
At Wakenight & Associates, P.C., we also know that divorce and family law cases can be very difficult. When your opponent is combative, uncooperative, dishonest, etc., it can be impossible to reach an agreement on even the most obvious, simple issue.
What Processes Do I Need to Follow in an International Adoption?
Not all couples go the traditional route when it comes to having children. For some couples, adoption is the best option to grow their family. Adoption is a rewarding and fulfilling process, but it can also be long and tedious. When it comes to adoption, there are a few different options that you have to choose from. The first decision you should make when adopting is whether you want to go through a domestic adoption and adopt a child from the United States, or if you would like to go through an international adoption and adopt a child from a foreign country. The international adoption process can be complicated, but a skilled adoption attorney can help.
Hague and Non-Hague Adoptions
For international adoptions, there are two types that you can choose from: Hague and non-Hague adoptions. The adoption process you will use will entirely depend on the country you decide to adopt a child from.
How Marital Assets Are Divided in an Illinois Divorce
Getting a divorce is a major change in your life. When you are married, almost every aspect of your life -- bank accounts, credit cards, living arrangements, mortgages, and even personal belongings -- becomes intertwined with your spouse’s. Though this can make life simple during your marriage, it can end up making things difficult when you decide to get a divorce.
Factors for Consideration During Asset Division
Before the judge will begin dividing marital property, he or she will first make determinations about what is and is not subject to division. Only marital property is subject to division in Illinois divorces. Marital property includes any assets or debts that were acquired after a couple was married. When dividing marital property, the judge will consider the following factors:
How to Create a Solid Illinois Parenting Plan
Some of the most highly contested issues in Illinois divorce cases are those involving children. Both parents are entitled to certain rights when it comes to their children, and this includes both mothers and fathers. Most child-centered issues resulting from a divorce must be accounted for in a parenting plan.
A parenting plan is a document that outlines and allocates both significant decision-making responsibilities and decision-making responsibilities. A parenting plan can come in handy when issues arise after the divorce is finalized. As part of a divorce decree, this document is enforceable by the court, and parents are required to follow the plan unless it is modified at a later date.
Divorce and the Stay-at-Home Parent: Tips For Success
As recently as 30 years ago, it was not uncommon for one parent to work while the other parent stayed at home. While this arrangement may be less common today, there are still many cases in which a parent remains in the home to raise a couple’s children. Typically, the stay-at-home parent was the mother, but in recent years, stay-at-home fathers have become more prevalent. According to the Pew Research Center, the number of stay-at-home fathers has nearly doubled since 1989. Traditionally, stay-at-home mothers were the spouses that had to worry about finances and income when they got a divorce, which is why many states’ alimony laws seem to be biased toward women. However, either spouse is eligible to be considered the receiving party in divorce cases in which spousal support is awarded.
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