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Wakenight & Associates, P.C.

707 N. York Street, Suite 201, Elmhurst, IL 60126

DuPage County | 630-528-0734

Mokena | 815-458-5660   Oak Park | 708-480-9651

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Recent blog posts

Oak Brook marital property division attorney

Most of the decisions you make during your divorce can and probably will affect you for the rest of your life, but one of the most important decisions you and your spouse must come to is how you will divide your marital estate. For many couples, this can be an emotional and highly contentious process because of the importance placed on their belongings and the need to have financial security after the divorce process has been completed. The way marital property is divided can affect a person’s financial stability or even their ability to retire later in life. With so much at stake, Illinois courts urge couples to try to come to an agreement on their own about property division, though, if they cannot, they will have to take the issue to court.

Factors for Consideration

If a couple is unable to reach an agreement about how their marital estate will be divided, they will have to appear before a judge so that he or she can make a determination for them. If this happens, the judge will only make decisions about marital property, or any property that was acquired after the couple was legally married but before a judgment of legal separation was entered. The judge will consider a variety of factors, including:

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Hinsdale divorce over 50 attorney

Many groups in the United States have experienced a drop in divorce rates; however, the opposite is true for older Americans. According to the National Center for Health Statistics and the U.S. Census Bureau, the number of people divorcing after the age of 50 (known as gray divorce) has just about doubled since 1990. Gray divorce has become increasingly more common for a few different reasons. For example, divorce has lost much of the stigma it carried years ago, and people are living longer and not willing to stay in unfulfilling marriages.

Gray divorces often include a variety of unique financial considerations and legal issues that may not have the same importance for other divorcing couples. Some people may worry that they will not have enough money to retire when they originally planned to. Other people may be concerned with what happens to the assets that they have accumulated throughout their years of marriage. Understanding these issues and how to deal with them is the key to a successful gray divorce.

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Elmhurst paternity attorney

When a child is born to parents who are not married or who have never been married to one another, this can pose a few problems. In the state of Illinois, a man is only presumed to be the father of a child if he and the mother were married when the child was born, or if they were married within a 300-day period before the child’s birth. If neither of those situations is true, then the parents must go about other ways to establish the paternity of the child. In many cases, before a court will enter an Order of Paternity, they will require that the mother, the alleged father, and the child submit to genetic testing to determine the true biological father of the child.

Genetic Testing Procedure

The organization conducting the genetic testing will be chosen by the court, but a petitioner is also permitted to conduct independent genetic testing if they so choose. A child gets half of their genes from their mother and half of their genes from their father. DNA testing works by comparing the genes of the child with the genes from both parents. The Illinois Paternity Act states that DNA samples can be from blood, bone, hair, or other bodily fluids, though the most common way to gather DNA samples is from a simple swab of the cheek.

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DuPage County parent child relocation lawyer

It is rather common for people to move after they divorce. Sometimes, they move due to a new job or promotion, other times they move to be closer to family. Whatever the reason, there are certain rules parents must follow when they wish to relocate with their child. Any parent who has been allocated the majority of or equal parenting time can seek to relocate with his or her child, but there are certain procedures that must be followed.

Factors for Relocation

The parent seeking to relocate must provide written notice at least 60 days before the relocation. If the child’s other parent agrees to the relocation, signs the notice, and files it with the clerk of the circuit court, then the relocation will be allowed.

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Oak Brook divorce lawyers

In today’s world, most married couples rely on two incomes to live comfortably. Getting a divorce means you are no longer using two incomes to pay bills, as you will have to make ends meet with your paycheck alone. For some, this may not be a big deal, but for others, it can make supporting themselves very difficult. This is where spousal maintenance comes in. 

Also known as spousal support or alimony, spousal maintenance is ordered by a judge and is typically used to allow both spouses to continue the same quality of life they had when they were married.

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