Posted on August 15, 2024 in Child Custody

Custody determination, which is now known in Illinois as the allocation of parental responsibilities, can be a difficult time for parents going through a divorce. Since the distinctions between a civil union and a marriage can be somewhat fuzzy, parents in a civil union may be concerned about how that might affect their custody determination.

Illinois is one of only a handful of states that currently recognizes civil unions as an alternative to marriage. Since 2011, Illinois has allowed civil unions between two people of either the same or opposite sex who are not related by blood and who are at least 18 years old.

If you are in a civil union, you may wonder how it could potentially affect custody of your child and what you need to do to prepare. The most important thing you can do is to speak with a knowledgeable St. Charles, IL custody attorney who can help you sort out the details.

What Parental Rights Do Illinois Statutes Give Those in Civil Unions?

Under the Religious Freedom Protection and Civil Union Act, a party to a civil union is entitled to the same legal obligations, responsibilities, protections, and benefits as are afforded to spouses.  While this may give you some relief from worrying about how your child custody issue will turn out, there are certain distinctions with civil unions that could affect some parents, particularly same-sex couples.

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 Posted on August 09, 2024 in Child Custody

We have all been warned to avoid social media posting during a divorce or custody determination, and for the most part, we understand why and go out of our way to do so. Even the most innocent picture or post, taken out of context, can end up making a difference in the allocation of parental responsibility, spousal support, or another divorce issue. There are many ways, however, that technology can actually help you during a divorce and even afterward once you, your ex-spouse, and the children settle into your new lives.

While there are certainly many ways technology can cause trouble for you—particularly social media—below you will find some creative ways that technology can actually make everyone’s life easier. Another way to make your life simpler during divorce is to have an experienced, compassionate Aurora, IL divorce attorney from The Law Office of Matthew M. Williams, P.C. by your side from start to finish. Having an advocate in your corner really makes a difference in how you come through this difficult time.

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 Posted on July 13, 2024 in Divorce

Divorce is a trying ordeal that can bring out a mean streak even in pleasant people. Sometimes, that nastiness takes the form of false accusations, where one spouse makes untrue claims about the other spouse to achieve a legal outcome. False allegations are made in up to 35 percent of all divorces involving children, according to some estimates.

This article will discuss what can happen if your spouse makes false accusations against you and what you can do about it. Allegations made during divorce are often serious and can have severe consequences, so protect yourself by contacting an Illinois divorce attorney.

What Happens If I Am Falsely Accused?

False accusations that are made during divorce are typically grave. Common examples include:

• Child or spousal abuse

• Hiding money or other assets

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 Posted on July 08, 2024 in Divorce

Technology has become an integral part of our lives. Many of us are inseparable from our electronic devices. Research shows that around half of Americans admit to being addicted to their phones, which the average American checks 352 times a day.

It is understandable, therefore, that spouses going through a divorce might not be very cautious about how they use technology. This can lead to negative effects on the divorce process and impact your ability to achieve a favorable outcome.

This article will explore a few ways to be careful when using technology during a divorce. However, the best way to ensure you are using technology safely during your divorce is to seek guidance from an Illinois divorce attorney.

Your Social Media Content Can Be Used Against You

Your posts on social media can be used as evidence in court. Therefore, you will want to be careful about what you post. Imagine, for example, that you are angling for more physical custody, known in Illinois as parenting time. One night, you post photos to Instagram that show you partying with a known violent felon. This can be used in court to show that you do not have a home environment that is safe for a child.

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 Posted on July 03, 2024 in Divorce

Divorce is a topic that is often misunderstood. Because there are so many laws governing the process, rumors about divorce often circulate until people accept them as facts. You may have heard things about divorce from friends or family members. You may have seen divorce presented in a certain way in films or on television. You may have been told certain things about divorce on social media.

However, divorce is not only different depending on the state; it also differs from person to person. Each couple’s circumstances determine how their divorce process will go. It is important, therefore, not to rely too much on tales from friends and family. Instead, consult an Illinois divorce attorney to avoid misunderstandings about the process.

Here are three common myths about divorce in Illinois.

Myth #1: Adultery Is Grounds for Divorce

People often think that when one spouse commits marital misconduct like adultery, it is grounds for divorce. While this may be true in some states, it is not the case in Illinois. Illinois is a no-fault divorce state, which means the law does not view divorce as being either spouse’s "fault." The only valid reason to get divorced in Illinois is that the parties have "irreconcilable differences." Therefore, there are no "grounds" for divorce in the Prairie State.

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 Posted on June 22, 2024 in Divorce

Divorce is thought of as a negative and unpleasant process. It is true that there are some amicable divorces where the parties agree on all the issues and part ways as best friends. But studies show that on average, 72 percent of the emotions that are experienced during divorce are negative. These emotions often get in the way of spouses agreeing on certain issues like child custody and property division.

Mediation is a great way to cut through the emotional noise and bring divorcing parties to a compromise. Most couples who attend mediation for their divorce end up coming to a settlement agreement, which is why judges usually order couples to attend mediation before fighting their issues out in court.

While mediation is a popular method of alternative dispute resolution, it is not effective in every case. Consult your Illinois mediation attorney to find out if mediation is right for your divorce.

How Does Divorce Mediation Work?

In mediation, you and your spouse negotiate the issues that are in dispute. You are not required to be represented by an attorney, but having one by your side can help you significantly.

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 Posted on June 18, 2024 in Child Custody

A difficult thing for many parents to get used to after divorce is having to obtain consent from each other for certain actions regarding their children. This includes taking a child out of state. If a parent wants to take the child to Disney World in Florida, for example, he or she needs to get the consent of the other parent. If that consent is not given, the parent who wants to take the child away can try to get a court order approving the travel.

The procedure becomes even more strict when it comes to relocating the child out of state lines, which means moving his or her place of residence outside Illinois. The consequences for failing to follow this procedure can be severe. If your ex has moved your child out of Illinois without your consent, it may be considered child abduction and you should contact an Illinois child relocation attorney right away.

What Is the Procedure for Relocating a Child Out of State?

Illinois law requires a parent who wants to relocate a child out of state to follow specific steps. He or she must:

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 Posted on June 16, 2024 in Paternity

Illinois law places equal importance on both the mother’s and the father’s roles in a child’s life. A father is considered just as necessary as a mother and has the same rights and responsibilities as a mother does.

However, sometimes it is unknown who a child’s father is. A man is automatically recognized by Illinois law as a child’s father if he is married to the mother within 300 days of the baby’s birth. Otherwise, the father must go through a legal process called establishing paternity, which is best done with the help of an Illinois paternity lawyer. When someone establishes paternity, he is officially telling the State of Illinois that he is the father of a child.

How Do I Establish Paternity?

There are three ways to establish your fatherhood in Illinois:

• You and the mother can both sign a Voluntary Acknowledgement of Paternity (VAP). This is a form you can find online or at a medical facility that delivers babies.

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 Posted on June 10, 2024 in Child Support

When a judge decides who should pay child support and how much, he or she issues a child support order. A child support order is a court document that contains the details of the judge’s decision, including:

• Who must pay child support

• The amount of the payments

• How often each payment must be made

It is common for parents to want to appeal a child support order, especially if their circumstances have changed. However, courts are reluctant to make any changes to a child support order, particularly within the first two years. That is why an experienced Illinois attorney should handle your appeal, which is also known as a request to modify the child support order.

This article will discuss how judges issue child support orders and when you can request a child support order modification.

How Do Courts Make Decisions About Child Support?

Courts may order one or both of the child’s parents to pay child support. A judge decides who should pay and how much by looking at several factors, including:

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 Posted on June 07, 2024 in Divorce

When you file for divorce in Illinois, it is not only your marriage that comes under scrutiny. If your divorce is contested — meaning you and your spouse do not agree on something related to the divorce — then many details about your life will be looked at by a court. These might include the assets and property you own, your debts, a criminal record if you have one, your income, and your employment status, to name a few.

This can make the process slightly more complicated for spouses who are self-employed, which is why a self-employed spouse should consult a competent divorce attorney about what to expect throughout the legal process.

What Types of Self-Employment Are There?

If you are self-employed, it means that you work for yourself. This can take one of several forms:

• You work in the gig economy, such as a rideshare driver.
• You own a business.
• You are a freelance worker.
• You are an independent contractor.

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