All posts by Abear Law Offices
When to Ask for a Guardian ad Litem
Family courts in Illinois—like those in the rest of the country—often have the unenviable task of making very difficult decisions regarding how a child will be cared for following the divorce or breakup of his or her parents. In more tragic situations, including those in which the child’s parents are deceased or incarcerated, the courts may need to decide on a guardian or other caretaker for the affected child. Throughout all of these types of cases, Illinois law provides that the child’s best interest should always be the top priority. To make sure the best interests of the child are fully protected, the court may appoint a specially-trained attorney to serve as a guardian ad litem for the duration of the proceedings.
The Basics of Stepparent Adoption
If you are married to a spouse who has a child from a previous relationship, you understand how complicated and sensitive parenting issues can be. You probably realize that you are not a biological parent to his or her child, but, at the same time, you want to provide a trustworthy, positive adult figure to whom the child can come with problems and concerns. Over time, you may find familial love beginning to develop. In some cases, the love becomes so strong the stepparent is ready to take the steps to become the child’s other legal parent through the process of adoption.
Prenuptial Agreements for Parents Considering Remarriage
When you hear the term “prenuptial agreement,” there is a good chance you think about a high-net worth couple looking to protect financial interests and holdings. Even if the couple has not accumulated a significant amount of wealth, a prenuptial agreement may still be used in situations where one or both spouses own a business or a portion of a business. There is, however, another very common scenario in which a prenuptial agreement is, at the very least, a good idea if not indispensable. A prenuptial agreement can be used to protect the rights of children from a previous relationship for both you and your spouse.
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Modifying Your Parenting Plan in Illinois
While there are specified time limits on how often you can modify your allocation of parental responsibilities under Illinois law, there are several exceptions to these limits. Since circumstances concerning children change over time, the allocation of parental responsibilities also is likely to change over time. In some cases, however, parents cannot agree on how or whether to change the existing allocation of parental responsibilities, which requires the court to make a decision on the issue for the parties, often with the help of a guardian ad litem or another professional who can make recommendations to the court.
How Far Is Too Far to Move With Your Child?
If you are a divorced, separated, or unmarried parent, you probably realize how important it is for your child to maintain a healthy relationship with his or her other parent. There are exceptions, of course, including situations in which the other parent is completely absent, negligent, or, worst of all, abusive. Following your divorce or breakup, you and the other parent most likely managed to come to an agreement regarding your child, granting each of you certain rights and responsibilities. What happens, though, when you decide that you want to move out of the area with your child? Do you have the right to do so? Is it possible to move too far away?
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Understanding the Dangers of a DIY Divorce
America is a nation of do-it-yourselfers, and the internet is full of a wealth of information and advice. With a quick search, tenacious folks can learn how to rebuild an engine, build a new deck, or complete a shabby chic furniture makeover. Of course, there are some projects that even the most skilled DIYer should avoid. They are those projects that have dangerous and/or costly consequences. Electrical work, for example, is best left to the professionals. The same goes for a do-it-yourself divorce.
Interesting Divorce Study Findings
Most married couples do not intend on divorcing. With about a third of today’s marriages in America ending in divorce, however, chances are many married couples will separate at some point.
What leads to divorce? What makes a happy marriage? Aside from the obvious – being loyal, not committing adultery, etc. – no one can truly predict if a marriage will end or not. Studies have been conducted on the matter, however, and many have led to intriguing findings. While the studies only offer general takeaways on marriage and divorce, the findings are interesting. Below, check out some of the most fascinating marriage and divorce studies and their findings.
Tips for Healthy Co-Parenting
Being a parent is tough. Add divorce into the mix and things can become even more complicated. With parenting plans, child support, and custody issues to deal with, co-parenting can be stressful and challenging at times. It is a lot to handle, but millions of families successfully co-parent each year. How do they do it? Great co-parents are flexible, willing to set aside their differences, and most importantly, great co-parents put their children’s needs above their own. Below, check out a few tips to help you and your ex develop a healthy co-parenting relationship both you and your children will appreciate.
After the Divorce Is Final
ave you just received word that your divorce is finalized? Divorce can be a draining process physically and emotionally, and finally being through with it should bring a huge sigh of relief. A new life of freedom and opportunity awaits. Clients regularly ask what to do once their divorce is over. Divorce is consuming, so it can be a bit strange to transition suddenly to having no court dates or attorney meetings in your future. While the period after your divorce is certainly a time for celebrating and reflecting, there are a few steps you should take once your divorce is finalized to make sure you have everything in order for your single life.
Divorce and the Marital Home
Divorce is full of difficult decisions. One issue that our clients regularly face is what to do with their shared marital home. In some cases, one party wants to hold on to the residence, either by buying out the other spouse or by replacing an existing mortgage with a new mortgage that only lists one spouse. In other cases, both parties agree that selling the home is the best decision. There are advantages and disadvantages to keeping or selling the home, and long-term implications that come with either choice, so it is important that those going through a divorce seek the help of an experienced divorce attorney who can advise them on this matter.