Family law is clearly an important area of the law that focuses not only on divorce and the terms of divorce but also on parental rights outside of marriage. If you are facing a concern that affects your custody rights or your financial rights in relation to divorce – or have any other civil law concern that directly affects your family – don’t wait to consult with an Evanston family lawyer.
In Illinois, the terms of divorce break down into all the following:
Any one of these can become a sticking point as your divorce proceeds, and all of them but the matter of property division can be addressed post-divorce as a term modification. Further, if you and your children’s other parent were never married, child custody arrangements and child support can both be addressed outside of the divorce process.
An important element of resolving concerns related to parental responsibilities and parenting time is the matter of paternity – or the determination of who a child’s father is. When the parents are married at the time of a child’s birth, paternity is not a concern because both parents are deemed the child’s legal parents.
When the parents are not married at the time of a child’s birth, however, paternity must be established in order for the father to assert his parental rights and for the mother and child to assert the financial right to child support. In fact, all the parties involved can benefit considerably when paternity is established. When both parents are in agreement regarding paternity, establishing the matter is as easy as filing a signed document attesting to as much with the court. When the matter is disputed, however, the court generally requires DNA testing.
Marriage is a legal contract, and divorce is the legal dissolution of that contract, which can lead to serious differences in opinion – and serious legal maneuverings – in relation to how the matter should be resolved. Prenuptial agreements, which go into effect upon marriage but are crafted prior to marriage, and postnuptial agreements, which are crafted and go into effect during marriage, are contracts that guide how the terms will be resolved in the event of divorce. As a result, such agreements can go a long way toward bolstering the strength of the marriage or smoothing the divorce process if it comes to that.
The trusted family lawyers at Hammer Serna & Quinn dedicate their work to helping clients like you successfully resolve your family law concerns while zealously protecting their legal rights, and we’re here for you too. Protecting your rights is paramount, so please don’t put off reaching out and contacting us for more information about how we can help you today.
Call or email Hammer Serna & Quinn, LLC today to schedule a consultation.