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Can Grandparents Get Visitation Rights in Illinois?

Posted on September 23, 2021 in Family Law
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IL family lawyerParents are the most important people in a young child’s life, but they are often supported by others who also care deeply about a child. Uncles, aunts, stepparents, and grandparents are all important family members who can develop strong bonds with a child and support him or her throughout their development.

Unfortunately, divorce often has an isolating impact between children and extended family members. This is especially true when one parent is only given partial or limited parenting time, and the parent with parental responsibilities and majority parenting time seeks to restrict the other parent’s access to the child. The limited parenting time can result in little or no contact between the child and extended family members.

In situations like this, grandparents and other relatives may wonder if they can take legal action to ensure they can stay involved in the child’s life. If you have been unable to visit your grandchild and wonder if you have grandparents’ rights, a qualified family law attorney may be able to help you.

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What Is the Difference Between a Marriage and a Civil Union in Illinois?

Posted on September 17, 2021 in Civil Union
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IL family lawyerIn 2015, the Supreme Court of the United States ruled that same-sex couples all over the nation had the legal right to marry. Illinois was ahead of the curve - in 2011, the Illinois legislature signed the Religious Freedom Protection and Civil Union Act, allowing couples of any sex to enter into a civil union.

Although civil unions were originally a way for same-sex couples to enter into a legally recognized partnership, they may be used for other reasons as well. Civil unions provide couples in Illinois the same legal rights as married couples, but they are not the same as a marriage. In this article, we will discuss the difference between marriages and civil unions, and why people might choose one or the other rather than simply living together.

Why Get a Civil Union Instead of a Marriage?

If couples who enter into a civil union have the same rights as married couples in Illinois, why not just get married? The primary difference between these two options is that civil unions are not recognized by the federal government. This mostly impacts a couple’s finances - a couple with a civil union can enjoy the same rights as a married couple on the state level, but retain the ability to file their federal taxes individually and potentially remain in a lower tax bracket. However, this means that couples in civil unions will also give up the financial benefits that can come from federal recognition of a marriage.

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When Can I Get My Illinois Marriage Annulled?

Posted on September 14, 2021 in Annulment
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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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Should I Move Out if We Are Getting Divorced?

Posted on September 02, 2021 in Divorce
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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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Can My Pregnancy Affect My Illinois Divorce?

Posted on August 27, 2021 in Child Custody
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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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