Posted on April 24, 2025 in Child Custody / Parental Responsibilities

In Illinois, the rules of identifying parentage can become complicated. When a child is born to a married mother and father, both are legally recognized as the parents. However, legal recognition can become slightly more complex when the parents are not married.

The mother is still automatically a biological and legal parent, but the father will need to establish legal parentage in another way. If you have questions about how these laws may impact your parental rights, a Cook County, IL paternity attorney can help you understand the process, starting with a Voluntary Acknowledgement of Paternity.

What Is a Voluntary Acknowledgement of Paternity?

The Voluntary Acknowledgement of Paternity (VAP), sometimes called a Voluntary Acknowledgment of Parentage, is the declaration a father makes to claim that he is the father. In cases where both parents agree to establish a man as a child’s legal father, both parents sign the document, and nothing else is needed to prove paternity. Often, you can sign at the hospital immediately following the baby’s birth. However, if, as the father, you were not present for any reason, you can sign after the birth.

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 Posted on April 08, 2025 in Property Division

The division of property and assets is a standard procedure during divorce proceedings. Your business is considered one of your assets. An experienced Cook County, IL divorce attorney will walk you through the business valuation and help you understand whether the company is subject to equitable division. Without legal representation, you may face challenges in securing a fair share of assets.

When Is a Business Considered a Marital Asset?

When it comes to property division, Illinois divorce law abides by the equitable distribution method. Unlike community property states, assets and debts are not divided equally. They are divided fairly. Your business is a marital asset if you started or purchased it during your marriage. However, if you had the business before your marriage, it may be a separate asset, not susceptible to division. There are exceptions, but to know for sure, you need an attorney to assess your unique circumstances. For example, if you have a valid prenuptial agreement, you may have protections in place for your business.

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 Posted on March 19, 2025 in Child Custody / Parental Responsibilities

When parents separate or divorce, they create a parenting plan based on the circumstances at the time. However, as with anything else in life, those circumstances can change, and if they do, the parenting plan might no longer be feasible. Whether a parent remarries, undergoes a significant employment change, suffers from illness or addiction, or the child’s needs change, it can be reasonable to request a modification. To learn more about your options for modifying your parenting plan, speak with a qualified Illinois family law attorney who has helped many clients face similar challenges.

What Do Illinois Parenting Plans Include?

A parenting plan, also known as a parenting agreement, outlines how parents will divide parental responsibilities, parenting time, and decision-making authority. Illinois courts prefer allowing both parents to be involved in a child’s life but always prioritize the best interests of the child when determining or modifying these arrangements.

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 Posted on March 05, 2025 in Divorce

Divorcing a spouse with dementia presents unique challenges. While Illinois law allows for divorce in such cases, courts are focused on ensuring that everyone’s rights, including those of the incapacitated spouse, are protected. Understanding the legal process and concerns in such cases is crucial for anyone who wants to end their marriage under these circumstances. To learn more, speak with an experienced and knowledgeable Illinois family law attorney.

What Does the Law Say about Divorcing Someone Who Is Mentally Incapacitated?

Illinois follows a no-fault divorce model, meaning that a spouse does not need to prove wrongdoing to obtain a divorce. The only ground recognized is "irreconcilable differences." However, if a spouse has dementia or is otherwise mentally incapacitated, additional legal steps may be necessary.

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 Posted on February 18, 2025 in Divorce

Transitioning from sharing finances and financial responsibilities to handling your affairs on your own can seem very stressful. That is why couples going through a divorce are often anxious about the prospect of dividing their marital estate. While dividing assets can always be complicated, if you have cryptocurrency or other digital assets included in your marital estate, it can be even more so. To understand how digital assets are addressed in an Illinois divorce, speak with a seasoned Illinois family law attorney. 

When Is Cryptocurrency Considered Marital Property?

In Illinois, marital property is anything that a couple acquired during their marriage, regardless of who actually acquired it. If either spouse in a married couple bought cryptocurrency or other digital assets under their name, it is likely considered marital property and is subject to equitable division if the couple gets divorced. 

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 Posted on February 04, 2025 in Divorce

It is a big deal to decide to move forward with a divorce. Instead of staying in a limbo of uncertainty, you have decided what makes sense for you, and you should be commended for that. However, making that decision is only the beginning. While you have figured out how you feel about your relationship status, you are likely confused and uncertain about what the future will look like and what you can expect to happen in the coming months and years. 

One major source of uncertainty for people preparing for a divorce is how long the whole process will take. Unfortunately, there is no one right answer to that question, because the timeline depends on several factors. Fortunately, you can consult with a knowledgeable Illinois divorce lawyer dedicated to explaining these factors to you so you can make an informed decision.

What is a Typical Illinois Divorce Timeline?

One primary factor that helps determine how long it will take for your divorce to be finalized is the specific type of divorce you choose.

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 Posted on January 21, 2025 in Family Law

In Illinois, when a married couple has a baby, they are automatically recognized by the state as the baby’s parents. If the couple is unmarried but both parents want the father to maintain a relationship with the child, the process of establishing his paternity is fairly clear-cut; He can sign a Voluntary Acknowledgement of Paternity, which will have him listed on the baby’s birth certificate as the father and entitled to parental rights and responsibilities. 

When the parents are not married and the father denies his role in the child’s life, establishing paternity becomes more complicated, with legal procedures required to address it. If you want your baby’s father to play a role and he refuses to acknowledge that he is the father, speak with a qualified Illinois family law attorney to understand your options. 

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 Posted on January 07, 2025 in Divorce

Hiding assets so that the other spouse ends up with less than they are entitled to in a divorce is illegal, but it is still something many people try to do. There are various steps courts take to prevent this and to ensure a just division of assets, including granting the other spouse a disproportionately larger amount in the divorce to make up for what the hiding spouse tried to conceal.

What happens when you do not discover that your spouse was hiding assets until years after your divorce was finalized? Is there any way to be compensated and to hold your ex accountable? If you find yourself asking these questions, speak with a qualified Chicago, IL family law attorney to learn more.

Reopening a Divorce Case

Hiding assets refers to when someone is intentionally dishonest about the assets they have so they do not need to divide them with their spouse in their divorce settlement. In Illinois, it is considered a form of fraudulent concealment, and if you can prove that it happened, you might be able to get your divorce case reopened, which could result in getting your divorce decree modified or vacated in a way that benefits you.

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 Posted on December 30, 2024 in Family Law

For Illinois parents navigating separation or divorce, one of the hardest issues to overcome is child custody. When younger children are involved, courts primarily focus on what is in their best interests, which can include considerations like the child’s relationship with each parent and the parents' respective ability to provide a stable home. When the child is older, especially after age 14, Illinois law allows for changed considerations regarding custody and parenting time. To learn more, speak with an experienced Chicago, IL family law attorney.

The Role of the Child’s Preference

In Illinois, 14-year-olds enjoy the added benefit of having their opinions start to carry more weight in custody decisions. While this does not mean that a child automatically gets to choose which parent to live with, the court must take the child’s wishes into account if he or she is mature enough to express them. This is quite different from the way such matters are handled for younger children, with the court mostly looking at what the parents can offer in terms of care, stability, and support.

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 Posted on December 13, 2024 in Divorce

Divorce can be a challenging and emotional time. One of the main issues people tend to feel stressed about when they are getting ready to end their marriage concerns money and how they will manage once they are no longer jointly responsible for their finances. Unfortunately, some people decide to spend recklessly or hide assets as a divorce approaches so that their spouse ends up with much less than they deserve in a fair division.

If you are worried that this is happening to you, you do not need to deal with it alone. Illinois law provides tools to address these concerns, so you can work to protect your financial future. An experienced Chicago, IL family law attorney can help you investigate your suspicions. If your spouse is guilty of dissipation of assets, we can work together to remedy the situation.

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