Category Archives: Family Law
Gray Divorce Is on the Rise
Divorced Americans age 50 or older currently outnumber widowed individuals in the same age group for the first time. The American Community Survey, conducted by the U.S. Census Bureau, reports that more than 15 percent of the population over age 50 are divorced, while about 13.5 percent are widowed. The divorce rates in other age groups seem to have stabilized in over the last few years, but with “gray divorce,” the rate has risen dramatically.
Child Custody: Could You Handle Your Child Choosing Your Ex?
A family dealing with divorce must account for many considerations. The divorcing spouses need to decide who will keep the family home, which in turn decides who needs to find a new place. Property and assets must be divided equitably, and arrangements made regarding the children. When making decisions regarding child custody in Illinois, the court is expected to at least consider the wishes of the child as to which parent with whom they wish to live. For many divorced parents, it can be very difficult to find out that their child’s preference is the other parent.
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Legal Paternity Helps Children, Paternity Fraud Does Not
When a child is born to unmarried parents, it is very beneficial to establish legal paternity. By doing so, the biological father of the child is recognized as the legal father, with all of the rights and responsibilities provided by law. There are several ways in which legal paternity may be established to provide for the best interests of the child. Unfortunately, there are also ways in which the system may be fraudulently used to force a man other than the biological father to assume financial responsibility for the child.
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Adoption: Access to Nonidentifying Family and Medical History
Many people see their family doctor at least once per year, whether or not they have specific health concerns. The visit typically consists of a basic physical examination and discussion about health habits and risks. Individuals take into account many factors, including their family medical history, when making lifestyle choices regarding diet, exercise, smoking, and the consumption of alcohol. When a child is adopted, however, especially if the adoption occurs at or very near birth, the child’s family medical history may not be easily available.
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Two Homes Can Be Better than One for Children of Divorce
Life can get very confusing and complicated for children of divorce. Even in the best of situations, children can often feel like mere assets to be divided by their parents like furniture or cars. Regardless of how you feel about your ex during and after the divorce, it is extremely important that your children’s comfort and well-being are not overlooked.
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Legal Separation May Be an Option
When a marriage seems to have failed, many couples assume that divorce is not only inevitable, but the only available solution. For a large majority of couples in that situation, divorce may, in fact, be in their long-term best interest. In some cases, however, one spouse may instead wish to file for a legal separation.
Modification of a Child Support Order
There are an estimated 24 million children in the United States currently being raised in single-parent homes. While this may not represent every child of unmarried or divorced parents due to the nature of the study, it clearly indicates that a large percentage of American children may be subject to shared custody, visitation and child support arrangements.
Protecting the Best Interests of Children, Part 2: Attorney for the Child and Child Representative
There are times when divorcing parents allow their own emotions to cloud their judgment related to what is best for their children. It is most often unintentional, but if not addressed, can have serious long-term consequences. Unfair or lopsided custody and visitation arrangements could result, for example, in one parent overwhelmed by responsibility while the other feels alienated. Possible negative effects are definitely not limited to the adults, and in fact, may be even more severe for the children.
What are the Grounds for Divorce in Illinois?
Are you at the point in your marriage or civil union where you are considering a divorce? You may have some questions regarding your next step; for example, under what grounds can you get a divorce. Illinois is not considered a pure no fault state, and therefore, you must have a ground for a divorce and a separation period before you can even file for a divorce. If you do not properly meet the ground and separation period, the judge may dismiss your case.
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Protecting the Best Interests of Children, Part 1: Guardian Ad Litem
It is not uncommon in divorce cases for each party to retain their own attorney for legal advice and representation through the process. Concerns regarding division of property, spousal support and arrangements for the couple’s children all need to be addressed and eventually resolved. Both sides typically have their own beliefs as to how the agreements should be established, often at odds with those of their spouse. In many cases, litigation is necessary.
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