Posts Categorized: Family Law

At the outset, you should keep one key point in mind about divorce in Illinois. The Illinois statute on the dissolution of marriage is no-fault, which means nothing can stop you if you want a divorce. There are some basic procedural requirements, however. When filing the petition for divorce, at least one of the spouses must be a resident of Illinois or be stationed in the state for at least 90 days via military service. The petition must also state that irreconcilable differences have caused th...   Read more ...  

In Illinois, the concept of ‘child custody’ is now referred to as the ‘allocation of parental responsibilities.’ Under Illinois law (750 ILCS 5/602.5), state courts are required to “allocate decision-making responsibilities according to the child’s best interests.” As a general rule, Illinois courts presume that it is best for a child to have an active, ongoing relationship with both parents. However, there are exceptions. Unfortunately, some parents are simply not fit to provi...   Read more ...  

  On July 21, 2015, Illinois Governor Bruce Rauner signed Senate Bill 57 into law. The new legislation, which goes into effect on January 1, 2016, amends a great deal of the Illinois Marriage and Dissolution of Marriage Act, which governs family law issues including marriage, separation, divorce, and custody. The Illinois Bar Journal highlighted the significance of changes to the grounds for divorce, property division, child custody and parental relocation.   Grounds for Divorce Senate...   Read more ...  

Parental visitation is often discussed at length. But one topic that can be overlooked is sibling visitation.   There are many situations in which siblings can be separated from each other. Some examples include:   Siblings over the age of 18 wanting to visit a younger sibling Siblings separated because of a fall out between parents Siblings who are adopted by a different family/or in foster care Siblings with different parents (ex: those who have the same mother but different father)...   Read more ...  

Whenever the question of adoption arises, the law must examine the rights of both biological parents. There are multiple situations in which an adoption may alter the biological parent’s rights. We will examine some common types of cases.   Stepparent Adoptions   In today’s world of blended families, there are many scenarios in which a stepparent would want to adopt a stepchild.   Illinois does not allow a child to have three legal parents, so there are two ways a stepparent w...   Read more ...  

The ultimate goal of divorce in Chicago is to end the marriage and wrap up the legal implications of the marital relationship, so you can expect that fiscal issues will be at the forefront of the proceedings.   The Illinois Marriage and Dissolution of Marriage Act includes a section on three key financial considerations: alimony, child support, and property division. You might not have to address all of these matters but, when you do, they could impact your divorce case during the proceedin...   Read more ...