Until recent years, the rights of a father to their biological child largely depended on their marriage to the child’s mother. However, with nearly half of all marriages ending in divorce, much of our society is waiting until later in life to marry, or opting to avoid marriage altogether. The number of unwed mothers delivering children has risen from 4 percent in 1950 to nearly 40 percent each year since 2008, which has left many fathers without rights to their offspring. As non-marital children become a societal norm, more biological fathers are pushing for their natural rights, which has become known as the Father’s Rights Movement.

A Child’s Benefit to Having a Father in their Lives

There has never been a question regarding the bond between a mother and a child. Traditionally, mothers were arguably the most critical person in a child’s life. The mother was caring, supportive, and protective. However, fathers also play a pivotal role in their child’s life. They can also be caregivers, nurturers, and disciplinarians. Studies show children who grow up with a father figure:

• Do better academically;
• Are more emotionally stable;
• Have an easier time with language and social development;
• Are less likely to develop drug or alcohol addictions; and
• Have a higher sense of who they are.

The Belief of Father’s Rights

The Father’s Rights Movement began in the 1960s and continued to progress into what it is today. Most members are fathers who want an equal right to their children, either after a divorce or in an unwed situation. Many women also support the movement. Their primary focus has been to establish legal rights for fathers in regard to custody, support, and maintenance, and even domestic violence. While this civil rights movement has progressed slowly, it has paved the way for many Illinois fathers by pushing for the restructuring of many family laws. Fathers now have legal protection, with or without marriage, including in:

Psychological experts agree grief is the emotion most frequently experienced during a divorce, although it is sometimes disguised among its multiple stages. Even the fortunate couples who have an amicable divorce feel grief. Separation often feels like a loss, whether it is losing the relationship, the dream of “happily ever after” they hoped for on their wedding day or even the marital assets accumulated during the marriage.

The various stages of grief can have a significant impact on the divorce process, no matter which route a couple chooses. However, through alternative dispute resolution (ADR) and mediation, intense emotions are both expected and resolved, which allows all parties the opportunity to find peace in a difficult situation.

Here we will discuss how the numerous grief stages can influence your divorce and how to overcome the turmoil.

Adjusting during and after a divorce is often difficult for children. Experts believe children adapt better to life after a divorce when they continue a relationship with both parents. Illinois lawmakers agree and have several legal guidelines in place to prevent the unnecessary separation of children from their parents. However, we understand that no two situations are identical, and in some cases, it is in the best interest of the child to relocate.

Before packing your bags, consider these laws if you are weighing your options for a possible upcoming relocation:

Local Moves

The primary focus of child relocation laws is to uphold the best interests of the child without infringing upon the rights of either parent. These regulations also serve as a strong reminder that relocating with a child should not be taken lightly. With that, if you live in DuPage County or the surrounding areas, you do not need the approval to move so long as you remain within 25 miles of the original residence.

Stress and extreme emotions frequently coincide during the process of divorce. Occasionally, statements made during the “heat-of-the-moment” are later regretted. In many cases, these statements are emotionally painful but do little damage otherwise, so long as they remain private. However, if these statements do become public, they can destroy reputations and businesses alike. If your ex made false statements about you during your divorce, can you sue them for defamation of character?

Defining Defamation

Before determining if your ex is financially responsible for the harmful things they said during your divorce, it is essential to understand what constitutes defamation of character. Defamation is writing or saying something untrue and derogatory about someone else, with these statements resulting in substantial loss or injury. In a defamation lawsuit, you must satisfactorily prove your ex is guilty of all six of the following actions:

• They wrote or said something defamatory.
• The statement was made to an uninvolved third party.
• The comment was untrue.
• They named you by name.
• If the statement was made unintentionally, it was negligent at the very least.
• Your reputation or business suffered as a direct result of the claims.

Defamation and Divorce

Although it is possible to sue your ex for defamation of character, the complexity of a divorce can make the matter more complicated. When the circumstances surrounding the accusations surface, a judge typically takes everything said during the case with a grain of salt. Judges understand that the breakup of a marriage is a difficult time during which emotions can run rampant, often resulting in regrettable and hurtful comments. However, these comments often do not rise to the level of defamation. Additionally, since judges and attorneys are closely involved in a divorce case, they do not qualify as an “uninvolved third party.”

When you divorce, everything earned during the duration of your marriage becomes marital property and is divided between the two parties, including any business started during that time. What happens to this investment depends on the specifics of your situation and applicable state laws. Divorce business valuation and the preferred standard of valuation varies by state, in addition to whether they consider personal goodwill as a marital asset.

Here we will discuss general guidelines regarding Illinois law and business values but is not intended as a substitute for direct legal advice. For specific information regarding your case, address your concerns with an experienced DuPage County divorce attorney.

What is a Standard of Valuation?

For divorce and property distribution purposes, a judge requires that a business formed and operated during the marriage to be appraised and given a numeric value. This evaluation allows a judge to more efficiently and fairly divide the assets and debts of an enterprise.