Frankfort Law Blog

One of the most fundamental concepts of family law in Illinois is the concept of parental rights. Mothers generally have no problem establishing that they have given birth to the baby in question, but fathers can have far greater difficulty in proving that they are a baby's father, especially if the mother is not willing to cooperate. This means that it can be difficult for a father to secure his parental rights.

Illinois law provides several methods for proving paternity, meaning that a given child is the offspring of a given father. If the mother of the child was or is married or in a civil union not more than 300 days prior to the child's birth, the man with whom the mother was living is legally presumed to be the child's father. In many cases, however, the man may not be willing to admit the facts necessary to establish paternity, or the mother may insist that some other man is the child's father. Resolving these disputes can be difficult.

Making the decision to divorce is a major life-changing decision. You have to think carefully about how it is going to impact you now and into the future. One thing that you might not realize is that you will have to deal with various aspects of the decision even after the split is over.

Nearly half of marriages end in divorce, so you aren't alone. There are various ways that you can cope with the end of the union, you want to make sure that you don't make any mistakes as you proceed.

Most residents of Illinois believe that the entry of a judgment ending their marriages is the final step in a very unpleasant process. In many cases, this belief is accurate, but its accuracy depends upon the wishes of the parties and not upon Illinois' family laws. The parties in a divorce proceeding have two essential rights to modify or amend a judgment of divorce after it is ended: a motion to the court to amend certain portions of the order, or an appeal to the Illinois courts of appeal.

An appeal to the appellate court is time-limited: it must be filed not later than 30 days after the entry of the judgment in the circuit court. An appeal can challenge one or more aspects of the order for judgment. The hearing on the appeal is preceded by the filing of briefs by each party, in which the party's position on the issues raised in the appeal is presented in writing. After the briefs have been submitted, the appellate court will schedule the case for an oral argument in which the attorneys present their clients' cases and answer the judges' questions. The court will enter its decision on the appeal in about 60 days.

Many couples in the Chicago area are struggling with the decision about whether to end their marriage. The nature of the divorce process depends largely upon the attitudes of the parties. If they are able to communicate openly and honestly, they may be able to reach a decision on every important issue without asking the judge to make the decision. If, on the other hand, they see every dispute as a weapon to be used to aggravate or harm the other party, the process is likely to be very long and fraught with anger and depression. The courts encourage parties to use processes such as divorce mediation or collaborative divorce in an effort to reduce the emotional stress of a divorce and avoid a court trial.

In the absence of an enforceable pre-marital agreement, a couple's property will be divided in the manner that the court views as fair and equitable. Usually, this rule produces a more or less equal division of the couple's assets, but certain kinds of assets, such as appreciated securities or real estate, may be difficult to divide fairly.