Recent Blog Posts
Can I Adopt My Stepchild in Illinois?
Contrary to the evil depictions they have gotten in many books and movies, stepparents often fill a special, loving role in a child’s life. A deeply caring relationship is not only possible for people who are related by blood. If your spouse had a child when you got married, there is a good chance you have spent a lot of time together and grown to feel like a family.
Adopting a stepchild can be an incredible step to take, but the process can be full of challenges. If you are interested in exploring stepchild adoption, a seasoned Chicago, IL family law attorney can answer your questions and offer useful advice.
When Can a Stepparent Adopt?
Stepparent adoption is a unique way to become legally recognized as a child’s parent. Many of the steps required in other adoptions – including a DCFS investigation and background check – are often unnecessary. Before you can be considered, several criteria must be met, including:
Do I Need to Pay More Child Support if I Get a Raise?
When a couple is ready to end their marriage, they work on reaching a settlement to outline what is expected of both spouses after they finalize their divorce. Naturally, the agreements they reach are based on their situation at the time of the divorce proceedings. Like everything else in life, those situations can change.
One major divorce issue that can be affected by changing circumstances is child support. If the paying parent gets a promotion with a significant raise, will that increase in salary go straight to his or her ex in the form of child support payments? To learn more, speak with a knowledgeable Chicago, IL divorce lawyer.
Can I Be Forced to Pay More Child Support?
In Illinois, a child support agreement can be reviewed at the non-paying parent’s request. A review alone does not mean the child support order will be modified. One of several conditions needs to be demonstrated in order for a modification to be granted:
Can Uncontested Divorce Help Us Avoid an Ugly Divorce?
It is inevitable that some marriages will not last, and there are many different reasons why couples decide to end their marriages. Sometimes, one spouse does something that causes irreparable damage to their relationship. Perhaps the couple did not work well from the outset, and as time went on, they grew bitter towards each other. Other times, a marriage starts out great, but the couple simply grows apart and falls out of love.
Whatever the reason, there are also different strategies for couples to use during a divorce. If you still respect your spouse and you are interested in keeping your divorce as civil as possible, ask a knowledgeable Skokie, IL family law attorney whether an uncontested divorce is a good option for you to consider.
How Does Uncontested Divorce Work?
When two people meet the residency requirements to be eligible for divorce in Illinois and they agree about every major aspect of their divorce, they can file for an uncontested divorce. Their settlement will need to include everything required for a divorce to be finalized, including:
How Long Will My Illinois Divorce Take to Finalize?
When people realize they are ready for a divorce, in addition to the questions they might have about what it will mean for their parenting, their home, and their finances, many wonder how long the entire process will take. After being in an unhappy marriage and finally making the decision to end it, you likely want to get it taken care of as fast as possible so you can move on with your life.
However, the amount of time your divorce will take depends on the type of divorce you end up having. This article will explain how long various types of divorce can take. If you are considering divorce, speak with a qualified Cook County, IL family law attorney to discuss which option might suit your needs best and how long you can reasonably expect it to take.
My Ex Insists on Homeschooling Our Son. What Can I Do?
Illinois courts generally prefer joint custody arrangements. Even if one parent has primary visitation rights, both generally have a say in important decisions that affect their child, including making choices about their education. As homeschooling grows in popularity, divorced parents are finding themselves entangled in disagreements when one parent wants to homeschool the child, but the other is opposed. Some children benefit immensely from the social setting of being in school, while others are far more suited to a homeschooling arrangement. Likewise, some parents would be excellent at teaching their own children, and others would struggle. When you and your ex share parental responsibilities and need to make decisions together, it can be hard when you disagree about what is best for your child. If you are dealing with this challenging situation, speak with an experienced Skokie, IL joint custody attorney to review your options.
Which Illinois Divorce Process Is Best for Me?
One of the most common questions new clients ask at their first meeting with our Illinois divorce lawyer is how long the divorce itself will take. For many people, the decision to end their marriage was not an easy one, and they just want to be able to move forward with their lives and futures as quickly as possible.
The answer to that question is that there is no solid answer. Every case is different, and even the most agreeable of divorces can quickly turn contentious, resulting in long, dragged-out battles. The following are the four different categories of divorce in Illinois. Your lawyer will evaluate your situation and advise you on which process would be the most appropriate in your case.
Joint Simplified Divorce
If a couple has been married for less than eight years and agrees on all issues (including how assets and debts will be divided), they may qualify for a joint simplified divorce. The couple must not have any children together, and one spouse cannot be pregnant by the other.
Does Mental Illness Mean Losing Your Kids in a Divorce?
Although divorce rarely happens under optimal circumstances, certain issues can make the divorce process considerably more difficult. Mental illness, which affects one in six U.S. adults, is one factor that can make divorce harder for everyone – not least the person struggling with the mental illness.
Parents with mental illness who have minor children may feel more threatened by divorce. Not only can the stress of divorce exacerbate mental health disorders, but the prospect of having a mental illness scrutinized in front of a court as parents make decisions about child custody can be very intimidating.
If you are considering getting divorced, or if your spouse has already filed for divorce, and you know your or your spouse’s mental illness is likely to be a significant factor in the outcome of your divorce, contact The Law Offices of Curtis Bennett Ross, L.L.C. today. We work with divorcing spouses from all walks of life and handle every case with the sensitivity and individuality it deserves.
How Does Addiction Affect an Illinois Divorce?
Around 21 million Americans have at least one addiction. Twenty percent — approximately 28 million adults — have an alcohol use disorder. People who abuse alcohol, drugs, or gambling not only hurt themselves but can also harm their relationships with others. Marriages involving a spouse who has an addiction can be deeply impacted, with some ending in divorce.
Illinois does not recognize fault in divorce. This means that when you file for a dissolution of marriage, the court will not blame either spouse for causing it. If one spouse was addicted to alcohol, drugs, or gambling, for example, it would not affect a court’s decision about whether to grant a divorce decree. All the court needs to know is that there are "irreconcilable differences."
However, if one spouse has a history of addiction, it can affect certain parts of the divorce process. As we explore this further, remember that an Illinois divorce attorney is the best resource for questions about addiction and divorce.
Why a Child’s Age Matters When Creating a Parenting Plan
If you are divorcing, you know how much stress it can cause emotionally, mentally and physically. If you have children, remember that parental separation or divorce is often traumatic for children, too. The effects of divorce impact each child differently, with most children in the same age group experiencing similar issues.
As part of your divorce, you will need to create and submit a parenting plan that outlines various parental duties and parenting time arrangements. To protect the best interests of your children, you need to customize your parenting plan with their ages in mind. If you need help tailoring your parental responsibilities to your children’s ages, contact an experienced divorce attorney.
3 Things Homemakers Should Do in an Illinois Divorce
Divorce comes with many kinds of challenges. Spouses who decide to end their marriage often face financial, emotional, and mental difficulties. For homemakers or stay-at-home parents, these challenges are sometimes more pronounced. This is particularly true of financial difficulties stemming from divorce. Homemakers usually are not part of the workforce and have trouble finding gainful employment after the marriage ends.
As with many divorces, however, an experienced Illinois divorce attorney can help minimize these challenges or prevent them completely. If you are a homemaker facing divorce, consider discussing the following courses of action with your lawyer.
Ask for Interim Spousal Maintenance
If you are a homemaker or stay-at-home parent and your spouse is employed, a judge may order your spouse to pay you spousal maintenance, or alimony, after the divorce. This will provide you with some measure of support while you work on becoming self-sufficient.