Recent Blog Posts
Senior Citizens and Cohabitation Agreements
When people discuss cohabitation, they often focus on young couples who have moved in together as a step before marriage or similar couples who think marriage is unnecessary. However, there is a new demographic now entering into cohabiting relationships with more and more frequency: senior citizens. In fact, according to U.S. Census data reported by The Washington Times, the number of cohabiting seniors has nearly doubled from 2000 to 2008, rising from 1.2 million to 2.2 million.
ABLE Accounts Could Help Your Disabled Ward
In early May 2017, Illinois announced the opening of the statewide ABLE Act Program, billed as a life-changer for those with disabilities. The Achieving a Better Life Experience Act, known as the ABLE Act, was passed by the federal government in 2014, and states were given the opportunity to develop an appropriate program to administer the infrastructure. Illinois’s took some time to complete, but at this point, the program is open and able to receive applications. Naturally, one might wonder if applying is worth the effort. The answer is going to depend on your individual situation, especially if you or another person has guardianship over your disabled loved one.
The Program
Normally, in order to receive Supplemental Security Income (SSI), you must show that you have very few assets of your own, and your total net worth must remain under $2,000. However, as costs of living have risen and insurance companies have cut back on the coverage they will provide, such a limit is not tenable for many, especially families, who may need that supplemental income. For example, it is not uncommon for a disabled person to marry, and then promptly lose their benefits. This happens because his or her spouse’s income is counted among their own assets, as that person’s income is counted among his or her spouse’s assets. Such outcomes are patently inequitable.
The Legality of Destination Weddings
Travel sites estimate that approximately 20 percent of all U.S. marriages involve destination weddings. They can be an extremely attractive option for many couples, especially if the climate in your hometown is not ideal for the wedding you imagine. However, there can be legal pitfalls if you do not properly research the law in your chosen destination. Symbolic ceremonies are common, but if you plan for your marriage ceremony to be binding and it is not, problems could develop down the road.
What Is Required?
While the specifics will obviously depend on the country in question, many countries require documents which prove that both parties have the ability and the agency to marry. For example, officials may ask for your passport, birth certificate, and a copy of any relevant divorce decree from a previous relationship. It is also possible that they will ask for an Affidavit of Eligibility to Marry or an affidavit of single status. While there is no universally accepted form for this, many consulates do have their own, so it is important to plan ahead.
The Right of First Refusal Can Increase Parenting Time
As one might expect, the allocation of parental responsibilities—the new name for “child custody” in Illinois—is the most hotly contested topic in many divorces. In recent years, changes have been to the laws regarding such proceedings that were aimed at giving divorced parents more time with their children, if they are in a position to take it. The amended laws created what is referred to as the right of first refusal, and there are some common misconceptions, but is generally seen as a help to most parents.
Know Your Rights
The right of first refusal may be included in a divorce decree itself, or it may be part of a parenting agreement worked out between the parties on their own. The right does not have to be granted to either parent, or it may be granted to both parents if the circumstances are appropriate. A court will take several factors into account when deciding whether or not to grant such a right, including:
The Rights of Sperm Donors and Surrogates
Not everyone who wants to have children can conceive naturally. If you are in this position, you may consider adoption, or you may consider surrogacy or sperm donation. However, if you decide to use a surrogate parent, you should be aware that both sperm donors and surrogate mothers have rights which could present issues if you do not reach agreements with them before the child’s birth.
Sperm Donors
Under the Illinois Parentage Act, a sperm donor in Illinois retains no rights or responsibilities to any child born of their genetic material if, and only if, the donation is given directly to a licensed physician. In other words, most unknown sperm donors fit this bill, as most sperm banks handle their materials via licensed physicians.
There are far more issues with known donors. Agreements signed between private individuals, such as those intended to waive parental rights, are not often enforceable. The rationale is that too many variables exist in such agreements with too many opportunities for misinterpretation. These flaws render many of these contracts void. The parental rights of an intended donor also must be terminated in accordance with the Illinois Juvenile Court Act of 1987. In short, if either procedure is not followed, there is a possibility that the sperm donor could retain some parental rights.
“Heart Balm” Lawsuit Over Husband’s Affair Settled
In Illinois, laws once existed which allow legal action to be brought against someone who had an affair with a married person. Under the last iteration of such laws, Illinois recognized two torts known as “alienation of affection” and “criminal conversation,” informally called “heart balm torts.” These torts allowed spouses to bring civil claims for adultery against a third party.
The term “alienation of affection” was used to describe an instance when a third person disrupts a married couple’s relationship by having an inappropriate relationship with one of the spouses. The term “criminal conversation” was used to refer to adultery and sexual relations. Many people consider such laws to now be obsolete and even offensive. Illinois was one of the last states to abolish the antiquated statutes in 2016, but pending cases were not affected by this. One high-profile alienation of affection lawsuit which was litigated for years has just recently settled.
Illinois Fathers Have Much Less Custody Than Fathers in Most Other States
Study after study has shown that children thrive with both parents in their lives. Except for cases involving domestic violence or abuse, having two parents involved in a child’s upbringing is generally greatly beneficial. Even parents who are not married or have gotten divorced are able to work out shared parenting schedules which allow them to both be positive influences to their child. However, according to a new study, Illinois fathers are not enjoying as much parenting time as other fathers around the nation.
Study Investigates Shared Parenting Across the Country
A study has recently been published that puts Illinois fathers at 47th out of 50 states in terms of the amount of custody they have. Illinois children in shared parenting scenarios only spend about 23 percent of their time with their fathers. The study was conducted by a software company called Custody X Change which creates apps for divorced parents. Researchers compiled data about parenting time arrangements through a survey of legal professionals across the country. This particular study only included shared parenting scenarios in which both parents desired to have custody of their children and excluded cases involving custody restrictions due to criminal convictions.
Why Was a Guardian ad Litem Appointed to Our Case?
When you are involved in a dispute over parental responsibilities or other concerns related to your children, it can be difficult to maintain objectivity, especially if the relationship between you and the other party is not ideal. Divorce situations are especially prone to acrimony and contentiousness, and unfortunately, the best interests of the child can be somewhat lost among the myriad of other considerations. A court-appointed attorney known as a guardian ad litem, however, can help refocus the proceedings on the child’s well-being, thanks to provisions offered by Illinois law.
What is a Guardian ad Litem?
Unlike other types of guardianship, such as those covered by the Illinois Probate Act, which provide far-reaching authority over another person’s interests for an indefinite period of time, the guardian ad litem, or GAL, is appointed for the specified proceeding. In fact, the Latin phrase “ad litem” translates to English as “for the suit.” While GALs may serve similar purposes in other areas of law, they are most commonly utilized in family law situations on behalf of a child’s interests. In Illinois, a GAL is required to be a licensed attorney, properly trained and qualified to serve in such a capacity.
An Explanation of the Father’s Rights Movement
Until recent years, the rights of a father to their biological child largely depended on their marriage to the child’s mother. However, with nearly half of all marriages ending in divorce, much of our society is waiting until later in life to marry, or opting to avoid marriage altogether. The number of unwed mothers delivering children has risen from 4 percent in 1950 to nearly 40 percent each year since 2008, which has left many fathers without rights to their offspring. As non-marital children become a societal norm, more biological fathers are pushing for their natural rights, which has become known as the Father’s Rights Movement.
A Child’s Benefit to Having a Father in their Lives
There has never been a question regarding the bond between a mother and a child. Traditionally, mothers were arguably the most critical person in a child’s life. The mother was caring, supportive, and protective. However, fathers also play a pivotal role in their child’s life. They can also be caregivers, nurturers, and disciplinarians. Studies show children who grow up with a father figure:
When Is an Order of Protection Appropriate in a Family Law Case?
Domestic violence is unfortunately a common reason as to why a person would seek a divorce and request assistance from the law. An order of protection may be obtained if an individual is fearful for his or her safety or well-being. If a person’s former spouse does not adhere to the terms of this type of court order, consequences such as fines and/or jail time could result.
What Is an Order of Protection?
In the state of Illinois, an order of protection is a civil court ruling that provides a safeguard for victims of domestic violence or other crimes. These protective orders can be procured on an emergency basis when an individual is likely to be the victim of injury or abuse. An order of protection falls under what is known as the Illinois Domestic Violence Act. This law offers protection to victims that are abused by a family or household member, which can include: