Posted on May 11, 2015 in Main

The Illinois Adoption Registry and Medical Information Exchange (IARMIE) program facilitates the transmission of information between members of adoptive and birth families. At some point throughout one's life, parents or children may want to initiate contact or obtain medical history. In fact, knowing a biological parent's medical history can help develop a clearer picture of future potential health issues. The Department of Public Health establishes the regulations in order to operate the Registry confidentially.

Under Illinois law, an Adoption/Surrender Records File is created when a person voluntarily registers with the Registry through the completion of an Illinois Adoption Registry Application or a Registration Identification Form. A Records File contains, if available, the following information:

1. Certain sections of an adoption application or registration form;

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 Posted on December 05, 2014 in Main

When an individual attempts to end their marriage, or tries to inherit from a spouse, it can come as shock to discover he or she was never legally married in the first place. Situations such as these can cause problems for an unwitting spouse, and he or she may suddenly feel abandoned and left without protection under the law. However, in Illinois, there may be hope if certain conditions are met.

Putative Spouse Under Illinois Law

In various cases, the saving grace under Illinois law is the recognition of the concept of a putative spouse. A putative spouse is a person who:

• Goes through a marriage ceremony; and
• Cohabits with another person to whom he or she is not legally married in the good faith belief that he or she was married to that person.

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 Posted on November 24, 2014 in Main

Going through a divorce can be very difficult for both spouses. A divorce signifies a massive change in life, and, as such, either or both spouses may wish to seek solace in a new partner for comfort and love. Although dating may provide emotional support, spending time with a new romantic interest could negatively impact the divorce proceedings before they are finalized.

Dating Outside of Divorce May be Grounds

Spouses can get divorced in Illinois by claiming irreconcilable differences and satisfying a time period of separation from each other. Spouses may also be divorced by claiming certain grounds for divorce, one of which is adultery. However, claiming adultery only gives a spouse the basis for a divorce, and is not considered a factor when a court is deciding division of marital property or child custody, as the law does not consider marital fault in those matters.

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 Posted on October 19, 2014 in Main

With a new law passed in 2013, Illinois now joins several other states that require casino winnings to be withheld if the winner is behind in child support payments. In addition to casinos, winnings can also be garnished at racetracks and at riverboat gambling facilities to pay overdue child support payments.

With the requirement to collect from casinos and racetracks, gaming establishments are supposed to provide notice to potential winners that the establishments are required to withhold winnings until back child support is paid. Signs to this effect may be at the entrance and exits, the cashiers' cages if applicable, and at any credit points within the establishment. The winner can also be informed at the time the winnings are withheld.

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 Posted on August 20, 2014 in Main

Mediation is a part of a process known as alternative dispute resolution, which involves resolving issues outside of the courtroom. In child custody matters, mediation refers to a process where the parties to a divorce come together with a trained mediator to work out custody and visitation issues in their case. The mediator's role is one of a referee, facilitating communication between the parties as they work out the issues in their divorce, and how they would like to see them resolved. Mediators can either be appointed by the judge in the case, or agreed to by the parties. For divorces involving child custody/visitation issues in most counties, judges can and will order the parties to attend mediation through a Court Referred Divorce Mediation Program.

Court ordered mediation may be ordered in situations where the parties need to resolve issues of parental responsibility, custody, visitation, removal and access to children. In mediation, the parties can prioritize the needs of their children, explore their parental relationships, and come up with a parenting plan that works for the whole family. In order to further one potential goal of mediation, working out the child issues in a way that benefits all the parties, the parents are ordered to attend parenting classes. These classes can be very beneficial to parents, teaching them how to co-parent after the divorce.

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 Posted on August 18, 2014 in Main

Winning the lottery is not always a cause for eternal bliss. If you are going through a divorce when lady luck knocks on your door, notifying your soon-to-be ex-spouse of your win is necessary. Depending on when and how you obtained the lottery ticket, the winnings may be marital property under Illinois law.

Staying Silent May Not be the Best Course of Action

At first, you may be tempted to wait until your divorce is finalized before mentioning your good fortune. However, a court may later find fraud on your behalf and vacate the settlement. When spouses go through a divorce, they are required to disclose all their assets, income sources, and debts to each other. Various forms will need to be filled out in detail and will also require the accompaniment of supporting documents. Deadlines may also be required. In most counties, the form to be completed is a Comprehensive Financial Statement.

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 Posted on July 15, 2014 in Main

According to survey information, over two million people in the United States get married every year. As two households are merged into one, spouses often share a home, automobiles, income, and other property. Illinois law characterizes property as either non-marital property or marital property. Although the question of whether someone's property is considered marital property or not is usually only pertinent when the property is divided—such as upon death or divorce—individuals and couples may benefit from understanding how courts are likely to characterize their possessions.

Non-Marital Property

According to Illinois law, non-marital property may include:

• Real and personal property acquired by either spouse before marriage. This may include such items as a home, a business, a vehicle, furniture, jewelry, or the like.

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 Posted on July 03, 2014 in Main

Going through a divorce is one of life's most difficult challenges. In addition to the emotional pain and anxiety divorcing spouses' experience, they must also confront the challenges associated with dividing marital assets(property acquired during the marriage). Often the biggest piece of marital property is the family home, which could have been purchased after the marriage or right beforehand, in "contemplation" of the marriage. Not only does the family home often represent the largest single asset, but divorcing spouses often also have an emotional connection to the property. Thus, determining what will happen to the home after a divorce can be a major source of contention for the spouses involved.

In dividing any property in a divorce, Illinois courts use a system known as "equitable distribution," which means property will be divided in a manner the Court determines is fair (which is not always 50/50 between the parties). However a Court decides to divide property, it becomes particularly tricky when dealing with a piece of property, which can be "divided" in one of two ways. The house can be put up for sale and the profit or liability split between the parties, or one spouse can stay in the home and give a corresponding offset in value to the other spouse.

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 Posted on June 14, 2014 in Main

Going through a divorce is usually emotionally difficult for all parties involved. There are many different reasons why people choose to file for divorce, but it is generally never an easy decision to make. Some couples may mutually recognize that their relationship is crumbling, that communication is strained, and that each would be better on their own. In other cases, one spouse may file for divorce without any knowledge or anticipation by the other spouse. Regardless of why a divorce is filed, there is almost always a good reason why that decision was made.

When determining whether or how to proceed with dissolution of your marriage, it is helpful to enlist the help of a trained legal professional who can help you decide what the best process is for you and your family. A family law attorney can also help explain the best grounds to proceed on in a divorce. Grounds for divorce are the legal bases courts use to allow a divorce to proceed, and there are several different approaches and grounds possible.

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 Posted on June 05, 2014 in Main

In the United States, the number of unmarried parents is on the rise. As single parenting becomes more commonplace in modern society, the stigma that it used to carry has begun to fade, and more unmarried parents are asserting their rights. This increase in the rate of single parenting makes the issue of paternity all the more important.

Paternity is the state of being a father; in Illinois, this is also known as having a father-child relationship. For some children, paternity is never legally established. Even if the child of the father is known, his name may never be listed on the birth certificate, there may never be a court determination of paternity, and the father may never play a role in the child's life. Legal paternity is the finding of a father-child relationship by a court.

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