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

Initial Consultations via ZOOM Available

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Geneva family law attorney paternity

When a child is born to parents who are unmarried, the father does not yet have any legal rights to the child, unlike the mother. Many parents, especially fathers, do not realize that there are certain steps that they must take to gain their legal parental rights and to ensure the paternity of their child is established. Until the paternity of a child is established, no orders pertaining to parenting time, decision-making responsibilities, or child support will be entered. Paternity can be established in a variety of ways, but the situation is not always as easy as just completing paperwork. A knowledgeable paternity lawyer will be able to help make the process a little easier.

Uncontested Declaration of Paternity

Before a father can establish his legal rights, he must first ensure that his paternity is established over his child. This can be accomplished in a variety of ways, but the easiest way to establish paternity is by using a Voluntary Acknowledgment of Paternity (VAP) form. This form can be filled out right in the hospital after the child is born and only requires both the mother's and the father’s signatures to be valid. Once you sign the VAP, you are able to have the father’s name put on the child’s birth certificate.

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Batavia divorce attorney debt asset division

When you and your spouse begin to divide your assets during your divorce, issues can often arise over who gets to keep what. During the excitement of determining what happens to your assets, many couples forget the other part of the division process -- figuring out what happens to your debts. Any debt that you or your spouse took on while you were married is considered marital debt, meaning both you and your spouse are responsible for repaying it, even after a divorce. While the idea of figuring out which debts you will be responsible for may seem unappealing, it is a crucial and required step in the property division process.  

Marital Assets and Debts Are Divided Equitably

In the state of Illinois, any asset that is declared to be marital property is divided in an “equitable” manner, rather than simply just splitting it in half. The same idea is applied to marital debts; any debt that you and your spouse may have incurred during the marriage will be subject to equitable division. Some of the most common debts that married couples have include things such as mortgages, home equity lines of credit, auto loans, student loans, and credit card debt. To ensure assets and debts are actually distributed in an equitable manner, there are a variety of factors that a judge looks at prior to making the determination, which can include a spouse’s current income and earning capacity, and whether one spouse sacrificed being in the workforce to stay home to run the household and take care of the children.

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Geneva gray divorce attorney

There are a number of well-touted statistics that are commonly thrown around when it comes to divorce. As we all know, around half of all marriages will end in divorce. Even though the divorce rate is decreasing, the divorce rate of those who are over the age of 50 is actually rising and has been since the 1990s. The Pew Research Center reports that the divorce rate for adults over the age of 50 has nearly doubled since the ‘90s, while the divorce rate for adults over the age of 65 has nearly tripled. Many people are aware of the impact that a divorce can have on a child when they live in a household with parents going through a divorce. What many people do not realize is that many of the older couples who are getting these divorces have adult children who are greatly affected by their parents’ divorces. 

Tips to Help Your Adult Child Through Your Divorce

Many times -- both parent and child -- think that handling a divorce will be much easier on the child when they are an adult. But just because a person is an adult does not mean they cannot be affected if their parents decide to split up. This can be just as distressing to a person as an adult as when they were a child. As a parent, it can be heartbreaking to see your child in the kind of emotional distress that comes with watching your parents split up, but there are things you can do to help. Here are a few things you can do to help your child cope with your divorce:

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Aurora family law attorney, contested divorce, fiancée, Illinois family law attorney, prenups, prenuptial agreement, prenuptial arrangement, prenuptials, Suze Orman, protecting romanceDuring a couple's engagement, the consideration and discussion of a prenuptial agreement with a potential spouse may be considered "unromantic." However, many divorcees express the wish that they had executed one, as it can be a strong tool in avoiding a contested divorce proceeding.

Yet with that said, agreeing to a prenuptial agreement may show your fiancée that you are not in it for the money, but that you are committed to the relationship and are thus protecting the romance.

Elizabeth Gilbert, author of the bestseller “Eat, Pray, Love” puts it plainly: “Marriage is not just a private love story but also a social and economic contract of the strictest order...if it weren’t, there wouldn’t be thousands of municipal, state and federal laws pertaining to our matrimonial union.”

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Despite a U.S. Supreme Court ruling in the custody case involving a 4-year-old Native American girl referred to as “Baby Veronica”, motions and more motions continue to be filed in state supreme courts, county courts and tribal courts.

In 2008, Christy Maldonado was briefly engaged to Dusten Brown. Brown is a member of the Cherokee nation and lives in Oklahoma. Shortly after Maldonado became pregnant, the two ended the relationship. In May 2009, a few months before Baby Veronica was born, Maldonado sent Brown a text asking if he would rather pay child support or relinquish his parental rights. He responded, via text, that he relinquished his rights.

With the help of a private adoption agency, Maldonado agreed to let a South Carolina couple adopt the baby. Matt and Melanie Capobianco were also present at the baby’s birth. When she was four months old, the Capobiancos served Brown with a notice of the pending 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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