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Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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Recent blog posts

Hinsdale Divorce Lawyers

The Baby Boomer generation has been responsible for many trends over the decades, including a current one that may lead to a transformation in how older Americans perceive marriage. The Boomers, who began turning 50 in 1996, divorced at a higher rate earlier in their lives than the Greatest Generation, and that same trend has held true in their later years.  

The divorce rate for Americans over age 50 has doubled since 1990. While the actual number is only 10 out of every 1,000 married individuals over 50, which is less than half the divorce rate for those under 50, the trend is significant. 

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DuPage County divorce parenting time lawyerWhen spouses with children enter the divorce process, many important legal matters must be settled. Among these is child custody (known as the allocation of parental responsibilities in Illinois), as well as the child visitation schedule parents will adhere to once the divorce decree is finalized.  

the time children spend with each parent is officially called parenting time in Illinois, and it can be determined through negotiation and agreement between divorcing spouses, or it can be decided by the court when a couple cannot reach a mutual arrangement. A judge will consider various factors when making a parenting time determination. 

Creating a Parenting Time Schedule

In 750 ILCS 5/602.7(a), Illinois law says if parents are unable to reach a visitation agreement, a judge must create a parenting plan in accordance with the child or children ’s best interests. In doing so, the judge will make decisions based on these factors:

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Posted on in Family Law

While the birth of a child is a joyous time, one critical legal matter surfaces almost immediately. The establishment of paternity is necessary for a variety of reasons and can be a contentious procedure in some circumstances. 

When a child’s parents are unmarried or not in a civil union, the father is not automatically designated as the child’s legal parent, even when the parents reside together or plan to marry. The father’s name will not be placed on the child’s birth certificate until paternity is officially established.

To ensure every procedure is followed correctly and that your rights are protected, regardless of the complexity of your situation, you are best served by having a family law attorney handle the legal aspects of your paternity case.

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Adopting a child is one of the most wonderful things a person can experience, but because of the arduous legal path one must travel to get there, it can also be one of the most exhausting. Whether you go through the adoption process with the Illinois Department of children & Family Services (DCFS), work with one of the many adoption agencies in Chicago and the surrounding areas, or plan to adopt a step-child or complete a private adoption with someone you know, you will want to have an experienced adoption lawyer on your side. 

adoption is an intricate legal process, and because of that, it is essential to enlist the services of an adoption attorney . An experienced family law attorney can help you understand your legal requirements and provide representation throughout the adoption process. In some cases, DCFS provides reimbursement for the legal fees of adoptive parents.

What Does an adoption Lawyer Do? 

A skilled adoption attorney can help ensure there are no mistakes along the way that can add time to an already lengthy process. An adoption law professional will: 

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Hinsdale spousal maintenance attorney At the beginning of 2019, some significant alteration to federal and state divorce laws went into effect. These changes impact spousal maintenance, previously known as spousal support or alimony in Illinois. Spousal maintenance is a recurring payment from one former spouse to another after a divorce , typically provided by the higher-earning individual for a determined period of time. It allows a lesser-earning ex-spouse time to build a new life on their own. The duration that spousal maintenance is paid largely depends on the length of the marriage.

Eligibility for Spousal Maintenance 

A judge will consider various factors when determining whether to award alimony to a spouse, including:

  • Each spouse’s income, property, needs, and earning capacity
  • the standard of living achieved while the couple was married
  • Any contributions of an ex-spouse to the education and career of the higher-earning former partner
  • the time a maintenance recipient needs to obtain education, training, and employment to support themselves in full.
  • the tax impact of property division in the couple’s divorce decree.

Spousal Support Changes in 2019

Changes to 750 ILCS 5/504 dictate that for divorce s completed on or after January 1, 2019, the amount of spousal support payments will be calculated by subtracting 25 percent of the recipient’s net income from 33.3 percent of the payor’s net income. this differs from the previous model, in which 20 percent of the recipient’s gross income was subtracted from 30 percent of the payor’s gross income. 

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