SPRINGFIELD FAMILY
LAW ATTORNEY - FAMILY & DIVORCE LAWYER
Divorce, Child Support & Custody,
Spousal Support, Paternity, Adoption
Lawyer in Springfield & Champaign,
Illinois
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Illinois Lawyers & Attorneys
Experienced family and divorce lawyer providing legal advice & help
in various family law matters:
Contested, No-Fault & Uncontested Divorce/Separation
The major categories that must be addressed in a divorce
are property division, spousal maintenance (alimony) and matters
relating to child custody/visitation and child support. A
divorce is known as “contested” when the parties
have not been able to agree on all these issues.
A no-fault divorce is one in which neither side is required
to prove the existence of grounds (adultery, desertion, mental
cruelty and several others). The divorce proceeds on the basis
of “irreconcilable differences”. An uncontested
divorce is one in which the parties have agreed between themselves
about the terms of the divorce. An uncontested divorce can
be based on fault or can be no-fault.
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Modifying/Enforcing Support Orders
The divorce judgment may include provisions for child support,
spousal maintenance (alimony) and debt payment. If the party
who is ordered to pay support or debt fails to do so, the
other party may find it necessary to bring the non-paying
party into court to enforce compliance with the judgment under
the threat of contempt.
Because obligations such as those discussed above run beyond
the date that the divorce is finalized (child support, for
example, continues at least until a child reaches age 18),
the economic circumstances of either party may change over
time. The paying party may suffer a substantial decline in
income and request a reduction. The paying party may enjoy
a significant income increase, causing the receiving party
to request additional support.
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Custody/Visitation
The parties are not always able to agree upon who should
have custody and how much visitation the parent not awarded
custody should receive. In those instances, a custody trial
becomes necessary. Sometimes, however, custody disputes are
resolved by establishing a joint custody arrangement.
Because custody and visitation continue
until the child’s 18th birthday, circumstances may change
over time. One parent may accuse the other of child abuse
or endangerment. The non-custodial parent may ask for a change
of custody if the custodial parent is deemed abusive. The
custodial parent may seek to terminate, shorten or limit visitation
or ask that it be supervised by some responsible third party
if the custodial parent detects evidence of abuse.
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Adoption
There are two types of adoptions. A related adoption is one
in which a married couple adopts the natural born child or
children of one of them. This often occurs after the natural
parents have divorced, one parent has taken custody and the
other parent is proven to be unfit. A similar situation can
arise if the child is born out of wedlock and the natural
father is shown to be unfit.
An unrelated adoption means that neither of the persons asking
to adopt is related to the child. Natural parents may have
voluntarily given up their child for adoption at birth., or
one parent may have consented to the adoption and the other
parent found unfit or both parents may have been found unfit.
In an unrelated adoption, a social service agency must conduct
a home study to determine the fitness of the adoptive parents.
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Paternity
Paternity of course involves children born out of wedlock.
Even though the parties were not married at the time of birth,
if paternity is acknowledged or proven, the father has the
same obligation of support to the child as if he and the mother
were married. In this day and age, if paternity is questioned,
DNA testing will usually provide the answer.
Because the parents were not married, there will not be issues
of spousal support (alimony) , property division or allocation
of debt, with one exception. The father may be ordered to
pay some or all of the pre-birth and birthing expenses of
the child and mother. Either parent may be awarded custody,
the non-custodial parent has visitation rights just as in
a divorce and will be required to pay child support, sometimes
at the request of the Department of Public Aid.
CALL TOLL FREE TODAY FOR
A DIVORCE ATTORNEY IN
SPRINGFIELD, ILLINOIS (800) 829-8513
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