When a child is born to parents in Illinois, the mother automatically receives her parental rights. The father, however, is a different story if the parents were not married when the child was born. Paternity must be established for a child if the father wants parental rights. This can be done in a variety of ways, though the most common way is for a couple to fill out a voluntary acknowledgment of paternity (VAP) form in the hospital. In some cases, however, a parent may wish to relinquish their parental rights to a child. In other cases, a parent may wish to terminate the other parent’s parental rights. Either way, this can be done under certain circumstances in Illinois.

Proving the Parent to Be Unfit

In order to proceed with petitioning the court to terminate a parent’s parental rights, you must first have proof that the parent is indeed unfit. During the hearing, which is bound to happen, the judge will determine whether or not there is enough evidence pointing toward the parent that would declare him unfit. According to Illinois law, a parent can be considered unfit if:

Many couples who are having marital issues often turn to divorce as a solution. However, divorce is a process that should only be used after a couple has given it plenty of thought and they feel as if they have exhausted all of their other options. In some cases, couples may not even realize that there are options other than filing for divorce right away. The state of Illinois also allows couples to file for legal separation instead of divorce if they wish. Many people are unaware of the process and benefits that a legal separation can have, especially for couples who are not yet ready to make the permanent step into divorce. It can be confusing for many couples to determine whether or not they should file for a legal separation. Here are some of the most common questions that couples have about legal separation in Illinois:

What is the Difference Between Legal Separation and Divorce?

In many ways, legal separation and divorce are very similar. Both processes require spouses to come to agreements about various issues, such as property and debt division and child custody if there are minor children from the marriage. Other important issues, such as spousal maintenance and child support are also addressed during a legal separation, just as they are during a divorce. The main difference between a legal separation and a divorce is the outcome of the process. At the end of a legal separation, you and your spouse will still be married, even if you are separated. At the end of the divorce process, you and your spouse will no longer be legally tied to one another.

Do I Need a Lawyer to Get a Legal Separation?

Though it is not a requirement that you retain an attorney to get a legal separation, it is highly recommended that you do so. Creating a marital separation agreement can be just as complicated and time-consuming as creating a divorce agreement, which is why it can be easier with assistance from a lawyer.

Are There Benefits to Getting a Legal Separation?

For some couples, getting a legal separation can have great benefits, especially when compared to getting a divorce. For many couples, a legal separation is a useful stepping stone to divorce, especially if they are unsure that a divorce is what they truly want. A legal separation can be a way for some people to gain the clarity that they need to make informed decisions about their marriage. Other couples may see a legal separation as a good alternative to divorce for other reasons, such as being able to stay on a spouse’s health insurance plan or to get full Social Security benefits.

When you think of guardianships, you may think of a person who is legally appointed to care for a child when that child’s parents are unable to do so. While this definition is accurate, that is not the only form of guardianship. Some adults are also in need of guardians. In the state of Illinois, the probate court is entirely responsible for granting guardianships to adults in need. Illinois has some of the most progressive and protective laws concerning adult guardianship. Rather than deeming a disabled adult “incompetent,” as was necessary prior to 1979, the needs of adults are measured through a clinical report put together by the court, and their guardianship will be tailored to meet their needs.

Who Can Have a Guardian Appointed to Them?

Like other states, Illinois law presumes that those who are over the age of 18 are able to handle their own affairs. In some situations, however, a person may be incapable of making important decisions or taking care of themselves for various reasons. Illinois law may grant guardianships to people who are disabled because of:

Not all marriages have a happy ending. In fact, depending on the source you consult, around 40 to 50 percent of all first marriages in the United States end in divorce. If that statistic was not sobering enough, the divorce rate only increases for people who are married Kendall County a second and even a third time, with numbers soaring to somewhere around 60 to 65 percent of marriages ending in divorce. Though the statistics suggest that the odds are against you when it comes to remarriage, everyone deserves to be happy and find a partner with whom they can spend their life. Having a successful second marriage is not impossible; you just need to plan accordingly before you walk down the aisle a second time. Below are a few things you should keep in mind before you get remarried:

Be Truthful

First and foremost, you should be sure that you divulge everything of importance to your future spouse before you are married. You should be open and honest about all of your assets, credit history, debts, and other obligations. If you have obligations to provide child support or spousal maintenance to a child or spouse from a prior marriage, tell your new partner about them. Getting everything out in the open and being honest is the first step to a successful marriage.

Decide How You Want to Keep Your Assets

Second or subsequent marriages often include spouses who are bringing significant property and assets into a marriage. Make a list of each of your major assets and how you would like to use them or how they will be handled after your death. You and your spouse should decide how you want to handle all of your assets going forward. Will you have a joint bank account, or will you both still keep separate bank accounts? Which assets are important to separate?

There are many reasons why couples get divorced, but often it takes a lot of time and contemplation to get to that point. Before it is decided that divorce is the best option, couples often go through a period of uncertainty about whether or not they actually want to legally terminate their marriage or if they just want to “call it quits” for a while. During this time, some couples choose to separate themselves by living apart and also being financially independent of each other. These are the basics of an Illinois legal separation, though it is not enough to just say that you are separated. You and your spouse must take several steps before the state will view your separation as legal.

Requirements for a Legal Separation

If you are considering obtaining a legal separation in Illinois, there are a few requirements that you must meet. First, you or your spouse must have been a resident of Illinois for at least 90 days. Then you will have to file a petition with the court in the county in which either you or your spouse lives or the county in which you and your spouse last lived together. In the petition, you must be able to prove that you and your spouse live separately from each other.

Why Choose Legal Separation?

A legal separation is similar to a divorce in many ways. When the court declares you separated, it will also address issues such as spousal maintenance, as well as child-related issues such as parenting time and child support. For some people, a legal separation is a chance to reconcile after some time apart because it is not permanent. For others, legal separation is a way to protect their finances during a long and contentious divorce. A legal separation is also an option for those who cannot get a divorce because of cultural or religious reasons.

To many people, the thought of a divorce conjures up images of nasty courtroom battles, accusations of wrongdoing, and drawn out negotiations over the division of marital assets. While lingering acrimony might not be avoided completely, use of No Fault or Uncontested divorce options provide an opportunity to avoid some of the unpleasantness that often accompanies the end of a marriage.

To understand the benefits of each, it is important to know how the state defines each term.

• An “uncontested divorce” results when both parties are in full agreement of all the terms related to the divorce including, but not limited to alimony, child support, child custody, visitation, and division of property.
• A “no fault divorce” is a decree of divorce issued when neither party admits to marital misconduct. This is frequently referred to “irreconcilable differences.”

Basic Elements of No Fault and Uncontested Divorces

Every year the holidays arrive, bringing with them joy, togetherness, and stress. The stress of the holidays is felt more by some than others, but for divorced couples and their children, holiday stress may rise to new levels. The question of where the children will spend the holidays is often the source of much anxiety.

Holiday Scheduling Strategies

Sometimes during the course of divorce proceedings, parents may wish to include an annual holiday visitation schedule as part of a custody plan. However, sometimes scheduling visitation for the holidays is left to the parents. Here are few ideas that may help.

The realization that a marriage is coming to an end and a divorce is likely may catch many people by surprise. It is understandable to fight the reality that your marriage, which you vowed would last forever, just isn’t working.

No one goes into a marriage believing it could one day result in meetings with divorce lawyers, and discussions of alimony, child support or custody agreements. However, there are some signs that a divorce may be likely.

What are Some of the Signals of Divorce?