The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

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DuPage County fathers' rights attorneyIn today’s world, most people would agree that a father plays just as an important role in raising a child as a mother. Many people also believe that a child deserves to have both parents present in his or her life. For some people, this can be difficult, especially if the child’s parents were not married when the child was born. In cases such as these, it is up to either the mother or father to petition to establish the paternity of the child, which can be done a few different ways. Establishing the paternity of the child creates a legal relationship between the child and his or her father. Until paternity is established, there is no legal relationship between the two, even if they are biologically related.

Presumed Paternity

In the state of Illinois, a man is presumed to be the father of a child if he was married or in a civil union with the child’s mother at the time the child was born. A man is also presumed to be a child’s father if he was married to the mother at any point within 300 days before the child was born. If the parents were not married or in a civil union during either of these times, the man has no legal presumption to the paternity of the child, and either parent must go about establishing paternity through signing a Voluntary Acknowledgement of Paternity or through genetic testing and a court or administrative order.

Benefits of Establishing Paternity

There are quite a few reasons why a mother or father would want to establish paternity for his or her child. In most cases, establishing the paternity of the child gives both the child and the father rights they would not otherwise have. Benefits of establishing paternity include:

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divorceIn a divorce, things can get ugly and they can get ugly fast. Once you have made the decision to separate from your spouse, the last thing you want to do is spend months, even years, arguing with them over certain things, attending court hearings, and waiting for the courts to finalize everything. This is the case for many couples who cannot come to an agreement on things. When you make the decision to divorce, you want the divorce to go as quickly and as smoothly as possible. This is where a joint simplified dissolution of marriage may come in handy. What Is a Joint Simplified Dissolution of Marriage?

This type of divorce is an uncontested divorce, meaning there are not any points of disagreement or argument between the two parties who are getting divorced. Generally, for the divorce to be uncontested, both spouses have to agree on:

  • Division of the marital property;
  • Spousal support;
  • How marital debts will be paid off; and
  • Any other issue arising from the marriage.
A joint simplified dissolution is entered into willingly by both parties and essentially expedites your divorce, but there is a catch - not all couples can use the simplified version of divorce. Qualifications for a Joint Simplified Dissolution of Marriage

The Illinois Marriage and Dissolution of Marriage Act states that the only couples who are eligible to use this process are couples who meet all of the following set of criteria:

  • Neither spouse is dependent on the other for support;
  • Both spouses waive their rights to support;
  • At least one spouse has been a resident of the state of Illinois for at least six months prior to the divorce petition;
  • Proof of irreconcilable differences has been met;
  • No children were born of the relationship, the couple did not adopt a child and the wife is not pregnant with the husband’s child;
  • The marriage did not last longer than eight years;
  • Neither spouse has property or retirement benefits, or the retirement benefits are held in separate accounts and are less than $10,000 in value;
  • The total value of all marital property is less than $50,000;
  • The combined gross annual income from all sources is less than $60,000 and neither spouse makes over $30,000 annually;
  • Both spouses have disclosed all of their assets, liabilities and tax returns during the marriage;
  • Both spouses have formed a written agreement dictating the division of assets, debts, and liabilities; and
  • Both parties have agreed upon who is responsible for any companion animals.
Contact a Skilled Kendall County Divorce Lawyer

Although not all couples are eligible for a joint simplified dissolution, some couples are. Joint simplified dissolutions are the easiest and quickest way to get an uncontested divorce finalized. If you think that you might qualify for a simplified dissolution, or if you are unsure if you qualify, you should contact an Aurora divorce attorney to discuss your situation. The Law Offices of Matthew M. Williams, P.C. can help you figure out the best way to file for your situation. To set up a consultation, call the office at 630-409-8184.

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,Prenuptial and postnuptial agreements have long been considered taboo or unromantic. While it is probably close to one of the most unromantic topics you could discuss, divorce is a possible reality for any married couple. Entering into a prenuptial or postnuptial agreement can help you if you do decide to get a divorce somewhere along the road. Ironically enough, these kinds of agreements can also help you during your marriage, too, which is one of the reasons why they have become more popular.

What Is a Postnuptial Agreement?

Both prenuptial and postnuptial agreements are legal documents that can outline certain things in the event that a marriage ends in divorce. Unlike prenuptial agreements, which are signed prior to the marriage, postnuptial agreements are ones that are formed and signed after a couple is already married.

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It’s November, which means the holidays are just around the corner. Celebrating the holidays post-divorce can be one of the scariest challenges you’ll have to surmount in your new single life. Nostalgia surrounding the holidays, an influx of family visitors, the excitement of children—all these aspects of the “happiest time of the year” can make it one of the most unhappy times of the year for the newly-divorced or those beginning divorce proceedings. In addition to helping you wade through the complicated legalese surrounding your divorce, an experienced family law attorney can help you sort through more personal aspects of divorce as well—such as what to do with the kids during the holidays. A legal professional on your side ensures that you’ll always have a third-party person with whom you can bounce ideas and emotions off of—an invaluable resource during a divorce. safe and happy

If you do have children, determining how to spend your holidays after divorce can be especially daunting. “Ideally,” according to the Huffington Post, “you would both be cool enough to split holidays evenly or even (gasp!) share them together.” This, of course, is highly optimistic in most marital splits. Instead of insisting that the holiday happens only on the day when the calendar deems it so, the Huffington Post suggests, instead, “any day can be a holiday. All you have to do is make it so.”

There’s something to be said for celebrating a holiday when the rest of the country is celebrating. But holidays are really all about family togetherness, ritual, and tradition. “What if you did all these things exactly the same except you did it on Sunday November 24?” the Huffington Post asks. “It’s just family getting together for a crazy meal, watching football, and giving thanks! You can take pictures too!”

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Adoption is comparable to the movie Annie", when Mr. Warbucks goes to the home for girls, finds Annie and takes her home with him to join his family. Foster care could be compared to the ABC Family show, The Fosters, in which a bunch of kids, who are not related to each other, all temporarily live with parents who are not related to them either. The two are similar, but foster care is less permanent than adoption. A third similar situation, guardianship, is a legal way to care for a child before the age of 18.

The three terms are very similar to one another, but actually have very different meanings. The state of Illinois Department of Child and Family Services (DCFS) has broken it down to simplify it for anyone to understand the differences between the three.

Adoption:

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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