Posted on July 24, 2024 in Children of divorce

Changing a name is a significant and personal step for a person, especially after a divorce. When a spouse changes her last name back to her maiden name, it reflects a change in marital status. It also indicates a new personal identity and a change in the family dynamic.

A father or mother might also want to change the name of his or her child after a divorce. However, this is not as simple as a spouse changing her name. Because both parents by default have equal rights to their child under Illinois law, both of them must be involved in the decision to change the child’s name. Note that this does not mean both parents must agree to the name change; only that they must be involved, as we will discuss. Speak with an Illinois family law attorney if you are considering a name change for you or your child.

What Is the Legal Process for Changing My Child’s Name?

If you want to change your child’s name after divorce and your co-parent agrees, the process is fairly straightforward. You can complete a Request for Name Change (Minor), which you will both sign. After you file the papers with the county clerk, a date will be set for a court hearing where you will both be required to appear. The judge is likely to approve the name change unless he or she feels for some reason that it is not in the child’s best interest.

Continue Reading ››

 Posted on July 19, 2024 in Parenting Time

Raising a child after a divorce can present certain challenges. These challenges can be behavioral, psychological, emotional, or logistical. For example, you may struggle with coordinating your child’s transportation between your home, your co-parent’s house, and the child’s school. You may also have trouble finding a compromise with your co-parent about who will have physical custody of your child during vacations and holidays.

To avoid such obstacles, Illinois law requires divorcing parents to submit a parenting plan to the court. This document contains, among other things, a parenting schedule that outlines which parent has physical custody of the child — referred to as parenting time — and when. It also details provisions for how the child will be transported between the parents and how each parent may communicate with the child when it is the other parent’s time.

Continue Reading ››

 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:

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 Posted on June 27, 2024 in Children of divorce

It is well-known that children can be negatively affected by divorce. Some of these adverse effects can be short-term, like withdrawn behavior or a drop in grades. Divorce can also have long-term effects, such as difficulty developing healthy relationships.

Therefore, many parents who get divorced want to know how they can shield their children from the impact as much as possible. While your child’s reaction and behavior are not fully under your control, there are steps you can take that might minimize the harmful fallout from your divorce. It is always a smart idea to hire an Illinois divorce lawyer who will focus on your child’s best interests throughout the divorce. This can make the divorce process and your post-divorce life smoother.

Here are three ways to protect your child during a divorce.

Avoid Negativity

Children have a hard time understanding why their parents suddenly do not want to live together. After all, if parents love each other and share a life together, how can that life just end? You can help manage your child’s confusion by avoiding expressions of negativity, especially ones about your co-parent. No matter how hostile the divorce might be, try to avoid badmouthing your ex-spouse, which will make the divorce even harder to process for the child.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

  Continue Reading ››

 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.

Continue Reading ››