In Illinois, a guardianship for a minor automatically is dissolved when the minor reaches the age of majority. Before reaching the age of majority, a parent may file a petition to discharge the guardian and terminate the guardianship for a minor.
Illinois Family Law
The new laws in Illinois that govern divorce and child custody cases took effect on January 1, 2016. These changes in terminology are a reflection of the goals of the court in custody and divorce case.
Effective January 1, 2016, Illinois did away with the “grounds” system for divorce that had existed for decades. Instead, now Illinois uses “irreconcilable differences” and can be thought of a as no-fault state for divorces.
In cases where a person or their spouse is a military service memver, there are special consideration when getting divorced in Illinois.
Adoption proceedings in Illinois are governed by 750 ILCS 50/1 et seq. An adoption is a legal process whereby a parent-child relationship is established.
Pursuant to the Stalking No Contact Order Act, Illinois permits a person to file a Petition for a Stalking No Contact Order and to request relief from individuals engaging in stalking behavior. The perpetrator against whom relief is requested, also known as the Respondent, must be engaging in a course of conduct of stalking. This is generally proven by two or more acts of any method, including following a
Premarital agreements (also known as prenuptuial or antenuptial agreements) are great for couples who want to figure out the distribution of their property prior to the filing of a divorce. A premarital agreement enables couples to come to a mutual understanding during the
Unlike many states that have switched to “no fault” divorces, the state of Illinois still requires that person wishing to be divorced prove “grounds” for the divorce. There are many grounds that can be used to obtain a divorce in Illinois.
In Illinois, one spouse may obtain a “judgment of invalidity” or an annulment under the following grounds
Maintenance, also commonly called alimony, can be awarded by the Illinois Circuit Court as part of a divorce case. This article discusses alimony in Illinois, which was revised effective January 1, 2015 to use a new guideline system.
Domestic battery or other instances of domestic violence can have a significant effect upon how the Illinois courts handle child custody decisions in divorce or custody cases.
Parental Alienation is a situation that is often created in custody and divorce cases when one parent (or other individual) attempts to destroy the relationship between a child and the other parent. Illinois law quite correctly sees such improper action on the part of a parent, grandparent, or other person as seriously damaging to the child, and the Illinois
Pets are an important part of many people’s lives. Indeed, I have seen Illinois divorce cases where there was more concerns over a dog or cat then some people people sadly show for their children. As such, handling pet matters in a divorce case can be of great importance.
If a person does not obey a court Order in Illinois, then there is a remedy called a Rule to Show Cause (also referred to as a Contempt Action) that can be brought to address the matter. In Illinois, a Rule to Show Cause is often used to address failures to pay child support and interference with visitation.
In Illinois, a person who is not satisfied with the Circuit Court’s ruling in a divorce or custody case can appeal the ruling to
In a pending custody or divorce case in the state of Illinois, the court can grant Temporary Allowances to handle the issues of visitation, custody, child support, and attorney fees. If the case is a divorce case, the court can also address temporary spousal support (alimony), payment of household expenses, and other such matters.
A guardianship in Illinois is the legal process through which someone other than the parent of a child can legally care for the child. Guardianship are commonly used when a child’s parents are unable or unwilling to care for a child. For example, a relative may seek a guardianship of a child when the parent(s) are incarcerated, addicted to drugs to the point of being unable to care for the child, just not willing/able to parent, or deceased.
Under Illinois law, a parent of a child can bring a custody case to have the court legally establish paternity, custody, visitation, and child support. The Illinois law that governs such cases is the Dissolution of Marriage Act, and that law applies for the sake of custody matters whether the parents were married or not. There are some differences in how cases proceed depending upon whether the parents were married, and this article discusses the scenario in which the parents … Continued
In a variety of situations – such as the end of a marriage or when unmarried parents cannot agree as to the sharing of child-related expenses – the “non-custodial” parent (the parent with whom the child does not live) may be ordered by an Illinois court to pay a certain amount as child support.
An order of protection, also sometimes informally called a “restraining order,” is a court order that is intended to stop domestic violence, harassment, intimidation of a dependent, or interference with personal liberty. Men, women, and children can
A divorce, also referred to as a marital dissolution, is the termination of a marriage by court order. In Illinois, there is a 90 day residency requirement, meaning that the husband or wife must have lived in Illinois for 3 months. If neither spouse has lived in Illinois for the required 90 days, then the Illinois court system cannot grant a divorce. The proper court for filing for divorce in Illinois is the circuit court for the county where either … Continued