• Can I Annul My Marriage Instead of Getting Divorced?

    People make mistakes and get married for the wrong reasons with some frequency in Chicago. In situations where one or both parties think the marriage was a mistake, especially if it has lasted for only a short time, they might be wondering if they can simply annul the marriage instead of going through the divorce process. In brief, if you are in a legally valid marriage, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) does not allow you to[...]

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  • If I Get a Legal Separation, Can I Get Divorced Later?

    There are many reasons that a married couple in Chicago might decide to get a legal separation instead of a divorce. For example, one of the spouses might have health issues and may need to remain on the other spouse’s health insurance in order to get treatment. Or, the married couple may have other financial reasons for wanting to remain married while living apart. When there are minor children from the marriage, or in situations in which the parties cannot[...]

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  • What to Expect When a Parent is Not Allocated Significant Decision-Making Responsibilities

    In a Chicago divorce involving minor children from the marriage, parental responsibilities will be allocated through a parenting plan developed by both parents or through an allocation judgment issued by the court. In either scenario, the way in which parental responsibilities are allocated must be in the child’s best interests. As you may know, parental responsibilities include both significant decision-making responsibilities and parenting time. Before child custody matters were revised in the Illinois Marriage and Dissolution of Marriage Act (IMDMA),[...]

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  • Three Routes to Establishing Paternity in Illinois

    Paternity is a legal concept that refers to the identity of a child’s biological father, and there are different reasons why various individuals would want to make parentage official under Illinois law. The child’s mother may want to establish paternity to file for child support, as there must be an official record before a court can enter such an order; A man who contests that he is the biological father may want an official determination of parentage because he would[...]

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  • New Illinois Law on Child Support: Developing Trends in Divorce Cases

    Almost a year has passed since the new Illinois child support law went into effect and already certain trends are developing to shape how divorce cases proceed in the state. In general, the statute has changed how the amount of child support is determined, which reflects the new reality of a shared approach to parenting. As such, the focus is no longer on what the noncustodial parent should pay to the custodial parent to cover the costs of raising the[...]

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