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DuPage County family law attorneysWhen it becomes evident that you are headed for divorce, it is important to start planning for the process. You will need to have a good understanding of your current financial situation and what constitutes your ideal post-divorce scenario. Depending upon the circumstances of your relationship with your spouse, you may be able to begin negotiating the terms of your divorce agreement. At first, of course, such discussions would need to be relatively informal, but you and your spouse can at least start talking about the future. The conversation is even more important if you have a child or children together, so that you can both better understand the role you are to play in your child’s upbringing.

Determine a Primary Residence

Among your first child-related concerns should be which parent will assume responsibility for a majority of the parenting time. This is an important consideration in determining where the child will attend school. The parent who does not have the majority of the parenting time will most likely be responsible for paying child support. Just because one of you has less parenting time than the other is not considered to be a reflection on your parental rights; rather it is more of a logistical determination.

Significant Decision-Making

You and your spouse will also need to discuss how you will make significant decisions regarding your child’s life. You may agree to cooperate and make each decision together, or you may determine that each of you should have separate but complementary responsibilities for decisions about your child’s education, medical care, or religious training. You and your spouse may have particular areas of strength or strong feelings about a specific area of your child’s life that make one of you better equipped to handle related decisions.

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Naperville family law attorneyAccording to recent studies, nearly 40 percent of all marriages are remarriages for at least one of the partners. While, to many, numbers such as these represent a renewed hope in the institution of marriages—which may be an accurate perspective—these estimates also indicate that more and more individuals are bringing more with them into marriage. Children from previous relationships are an increasing part of marriages, and especially affect those marrying for the second or third time. Of course, there is not a “perfect” way to approach a stepchild situation, as the dynamics of each family will depend upon countless factors. However, for some stepparents, legally adopting their stepchildren may provide a level of needed security and legal parental responsibility.

Related Adoptions

Foster care adoptions, along with domestic and international infant adoptions are certainly important for the well-being of children in need, but represent just part of the adoption story in the United States. The Child Welfare Information Gateway, a division of the U.S. Department of Health and Human Services, reports that adopting a stepchild is the most common form of adoption in the country today. Stepparent adoption is a type of related adoption in which a family member of the child looks to become the child’s legal parent. Compared to other forms, related adoptions are generally much simpler and no agency involvement in most cases.

Consent of Both Parents

Under Illinois law, “a reputable person of legal age” may initiate the proceedings for the adoption of a child. In a vast majority of stepparent adoption cases, the requirement of a home evaluation and other steps in the “normal” vetting process are waived due to the familiarity between the stepparent and the child. The successful adoption of a stepchild, however, will most often depend entirely upon the willingness of the child’s other parent to grant consent to the adoption. By virtue of your marriage, your spouse’s consent will not be in question, but the other parent must agree or the adoption will not take place. If the other parent cannot be found to either offer or deny consent, the court may allow the adoption to proceed at its discretion.

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Posted on in Divorce

DuPage County divorce attorneysIf you have reached the point in your marriage where you believe that your relationship is beyond saving, you have most likely given a great deal of thought to filing for divorce. In fact, a divorce might be your best option. However, you might be hesitant to file your divorce petition while you and your spouse are still sharing a home. As you probably realize, many couples will go through a “trial separation” before filing for divorce, but is a separation actually necessary? According to the law in Illinois, the answer is “not usually.”

Legal Separation vs. Living Separate and Apart

It is important to understand that very few couples pursue legal separation in Illinois. A legal separation is similar, in many aspects, to a divorce, with the primary difference being that the couple is still legally married. While seeking a legal separation, issues such as spousal maintenance and parental responsibilities must be addressed, and the couple could opt to divide their property as well. (The court will make property division decisions for a legal separation.) Once an order for legal separation has been entered, it can only be vacated by a petition by the spouses or by a subsequent judgment of divorce.

On the other hand, most couples will undergo a period of living separate and apart before they get divorced. In such cases, one spouse will typically stay with family or find an apartment while the couple decides whether or not to continue working on their relationship. In some situations, the decision to get divorced has already been made before one of the spouses moves out.

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