Prenuptial agreements are often recommended by attorneys as an excellent way to protect oneself in the event of a divorce. However, it is important to understand that prenuptial agreements may be subject to invalidation if the terms are found to be unconscionable. Prenuptial agreements are not indestructible. Knowing the law surrounding the validity of a prenuptial agreement is recommended for those preparing to enter into a prenuptial agreement as well as for those seeking to find a way out of the agreement.
Depending on the situation, the attorneys involved, and the personalities of the divorcing parties, divorce proceedings can last for what can seem like ages. When the whole ordeal is finally over, it can be a huge relief. However, there are times where one (or both) parties are simply unable to live with the decision and they feel as though the judge made an error in interpreting the law. In this event, the parties have the option of appealing the decision to a higher court. Upon appeal, the case is again tried in the appellate court, and the decision of the lower court will either be affirmed or reversed.
When a parent has been charged with abuse or neglect of a child, the Department of Child and Family Services (DCFS) will become involved throughout the case. The main goal of DCFS, as well as the court, in deciding the best placement option for the child is to resolve the matter in the best interest of the child.
In most states, child support obligations end when the child turns the age of majority. Upon turning the age of majority, a child is now considered an adult, legally able to make decisions for himself or herself, thus relieving parents of a legal duty to support the child. The age of majority can range from 18 to 21. The age of majority in Illinois 18, or 19 depending on whether or not the child is still in high school when he or she turns 18.
As a couple goes through the divorce process, one of most important tasks (on the legal end) is splitting up the property. A judge will decide who receives which belongings, and what portion they will receive. Your divorce attorney will be able to advocate on your behalf, but educating oneself on the terminology surrounding division of marital property is important for anyone obtaining a divorce.
Any parent who has dealt with the Department of Child and Family Services (DCFS) knows that the process can be quite unnerving. In some cases, DCFS may take a child into protective custody if investigative measures reveal evidence of child abuse or neglect. In the event that DCFS takes custody of an abused or neglected minor, the Department will consider the best interests, health and safety of the child in determining the next course of action as it relates to placement of the child.
Illinois law allows for a person to legally change his or her name either with or without the legal assistance of an attorney. For the woman who has successfully obtained a divorce, hanging on to the last name of an ex-spouse can be an unnecessary reminder of a stage in life she is trying to forget. Many times a woman will choose to drop the last name of her ex-spouse and resume her maiden name. Another common situation involving a legal name change would include a situation in which a parent desires to change the last name of her child to the last name of her new spouse in the event that the step-parent legally adopts the child. Fortunately, the process by which one can change his or her name in the State of Illinois is relatively simple. The following steps must be followed in order for one to legally change his or her name:
According to a U.S. Department of Justice study in 2009, 3.3 million people ages 18 or older were stalked in United States during a 1-year time span. Even more shocking, 76% of abused women who are murdered by their abuser were stalked by that abuser before the murder took place. The issue of stalking is not one to take lightly. If you are a victim of stalking, you must first and foremost take measures to protect yourself by contacting the police and/or hiring an attorney. Due to January being national stalking awareness month, we encourage those who fear being victimized by a stalker to consider their options in terms of protection. Many times victims are unaware that the harassment they are experiencing can legally be defined as stalking, and is classified in the State of Illinois as a class 4 felony. For more information on what can legally be defined as "stalking," in the State of Illinois, please see the Illinois Compiled Statutes, 720 ILCS 5/12-7.3. If you are living with the threat of a stalker looming over your life, the following steps can be taken with the assistance of an attorney to ensure your safety:
You've done all that you know to do to create distance between yourself and your abuser. You've ended the relationship, you've moved out, you've done everything in your power to avoid him. Yet you can't escape him. You can't help but feel nervous every time you come home alone at night. Fortunately, when the uncertainty and the harassment become too much to bear, legal measures can be taken to protect you. With the assistance of your family lawyer, you can file a petition for an order of protection. The following describes the circumstances under which an order of protection can be obtained.