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Springfield, Illinois Divorce Law Blog

Recent Supreme Court ruling could impact military divorces

As a previous post highlighted, military couples in Springfield and nationwide have to go through a more complex process to end a marriage when compared to those going through a civilian divorce. Military laws have influence and power over the process, which often makes a military divorce more complex and challenging.

The United States Supreme Court recently weighed in on an issue involving military divorce. The unanimous decision ruled in favor of a veteran who did not believe he owed his ex-wife 20 percent of his disability pay from the Department of Veterans Affairs. The court ruled that the state courts do not have the authority to order a veteran to pay a former spouse for the loss of his or her retirement pay, which is caused by service-related disability benefits.

Guiding you through the military divorce process

24447019_S.jpgWith several major military bases in the state of Illinois, there are numerous military families residing in the state. While being married to a service member can be beneficial and life fulfilling, it can also be the cause of various marital problems. This is also why some military families much face the complex process of a military divorce.

At the Stange Law Firm, P.C., our legal team understands that divorce in general is never easy. We are also aware of the many factors involved in a military divorce that could complicate and lengthen dissolution. Thus, we are dedicated to serving those in the Springfield area so they better understand the process and can successfully navigate it.

What are the different types of child custody arrangements?

58904961_S.jpgDivorcing with children can be a complex matter for parents in Illinois. Divorce not only signify the end of a marriage, but it also brings a change in family dynamics. A child will go from a one-family home to a two-home family, which can be a major life change. Thus, when parents are determining the parenting time they desire, it is crucial to consider the best interests of the child.

What are the different types of child custody arrangements? Depending on the dynamics of the relationship, the terms of the divorce and what a parent seeks to do in his or her post-divorce life, custody plans can look vastly different from one divorced family to the next. While shared custody is often the ideal and highly promoted custody arrangement, this is not always ideal.

What shared parenting means to Illinois parents and children

57554911_S.jpgThe divorce process alone is considered difficult and challenging for couples in Illinois and elsewhere. However, when children are added to the process, this can make an already difficult time more challenging. Parents must make life-changing decisions, and they are often unsure if these choices are truly in the best interests of their children.

Although shared parenting is promoted as an ideal child custody arrangement, this is not always the end result for divorcing families. In fact, based on recent statistics, roughly 24 million children across the nation live without their biological father in the home. That comes to about one in every three children in the U.S. Additionally, 40 percent of those children living in a fatherless home claim that they have not seen their father in over a year. Even more so, 26 percent state that their absent father lives in a different state.

Helping you navigate child custody issues during divorce

17629808_S.jpgDivorce is never easy even when spouses enter the process mutually and with a positive attitude. Dissolution requires serious decision-making and most divorcing couples in Illinois and elsewhere encounter complex divorce issues. Divorcing with children and further complicate the matter. Parents not only have to make major choices regarding their personal post-divorce life but they also have to consider the lives of their children. In fact, almost every decision made during dissolution can impact a child.

Child custody matters can get messy and even be the cause of many disputes during and after the divorce process. While it is not easy to go from having a child all the time to having them half the time or less, when entering a joint custody arrangement, there are many factors to consider. At the Stange Law Firm, P.C., our experienced attorneys have helped countless parents in the Springfield area tackle custody issues.

Parents may adopt through Illinois 'Baby Safe Haven' law

In Illinois, April is designated as "Save Abandoned Babies Month." Sometimes, infants are born to mothers and fathers who simply are unable for very personal reasons to care for them. Sometimes these situations have caused parents to put their infant's life in danger in an act of desperation. However, an Illinois statute that addresses that issue is seeing successful results.

37314717_S.jpgParents in Illinois may be able to adopt a child through the "Baby Safe Haven" law enacted in 2001, officially named the Illinois Abandoned Newborn Infant Protection Act. Through this law, an uninjured newborn child age 30 days or younger can be given to the workers at a health care facility, a firehouse or a police station, among other locations. No questions will be asked of the parent giving up the infant, although the parent can get information about the Illinois Abandoned Newborn Infant Protection Act and their rights.

Can a parent in Illinois seek a temporary child support order?

54711468_S.jpgWhile most of the time a mother in Illinois knows who the father of her child is, even if they are no longer in a relationship with one another, other times the matter can be a bit muddled. The alleged father may dispute that the child is his, necessitating a court hearing. However, during that time the child must be cared for by either the mother or the purported father. When this happens, it may be a possibility for the parent caring for the child to obtain a temporary order for child support.

Under Illinois law, a parent can move the court for a temporary order for support if there is clear and convincing evidence as to who the child's parents are. The parent being ordered to pay support may be the child's presumed parent, a parent petitioning the court to have parentage adjudicated, identified as the child's biological father via genetic testing, a man alleged to be the child's father who has refused to undergo genetic testing, a person who, through clear and convincing evidence, has been shown to be the child's father, the child's mother or any other person the court deems to be the parent of the child.

Divorce: marriage may be romantic, but prenups are practical

7833693_S.jpgWhile "love" is one of the first words a person in Springfield associates with the word "marriage," in fact there are many practical aspects of marriage that should not get lost in the haze of romance. Therefore, some couples find that it can help to have a prenuptial agreement (prenup) in place.

There are a number of good reasons to create a prenup. If it is a person's second marriage, and that person has children from a prior marriage, a prenup can ensure those children are not disinherited. In addition, if a person has a business, a prenup can list that business as separate property, so that it will not be subject to property division. Also, if a person enters the marriage with a great deal of debt, a prenup can ensure that the other spouse does not incur that debt. If one spouse leaves the workforce while married to take care of the home, a prenup can ensure that, in the event of a divorce, that spouse receives an appropriate amount of compensation for giving up what may have been a lucrative career. Prenups can also address property division and spousal support.

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