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Wakenight & Associates, P.C.

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

DuPage County | 630-852-9700

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

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Recent blog posts

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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Oak Brook divorce lawyers

In the state of Illinois, child support is an element present in the vast majority of divorce cases involving children. Child support is meant to provide for the basic needs of minor children and is no longer enforceable when the child turns 18 or graduates from high school, whichever comes last. These days, children are often dependent on their parents for a few years after they graduate from high school, especially if they attend college. The Illinois Marriage and Dissolution of Marriage Act addresses this issue and provides guidelines for parents who will help pay for college expenses.

Covered College Expenses

The court can require one or both parents to be responsible for paying educational expenses until the child turns 23, or 25 in some circumstances. The potential expenses include:

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Hinsdale high conflict divorce attorneyDivorce can be a difficult and exhausting experience even in the most collaborative of situations. While some couples can compromise and negotiate a mutually agreeable divorce settlement, others simply cannot set aside their differences. This is often the case when there is domestic violence, adultery, drug or alcohol abuse, or habitual careless spending present during the marriage. If you are involved in a high-conflict divorce, there are steps you can take to reduce potential conflict between you and your ex-spouse.

Disengage From the Past 

A marriage can come to an end for a variety of reasons. When you make the decision to get a divorce, it is important to mentally distance yourself from those reasons, which can become trigger mechanisms to set off future arguments. For your sake and that of your children, do your best to push these painful memories away and come up with strategies to deal with your emotions positively. 

Decide for the Future

You may not want to communicate with your ex, but you will probably still have to make some decisions together. Whether you need to decide who will take the children to get haircuts or when each of you will go on vacation with the kids, try to contemplate every scenario that may come up in any given day, week, or year. Communicate proposals that can be negotiated, perhaps through a third-party app that reduces the likelihood of conflict.

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