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Wheaton contested adoption lawyersAdoption can be a wonderful experience, both for the child who is given a new home, as well as the adoptive parents who want to expand their family. However, it is a major decision that should include careful consideration. In certain cases, both biological parents may not agree to giving up their parental rights. Contested adoptions most often occur with infant adoptions, when one biological parent, usually the birth mother, wishes to place a baby up for adoption, while the other biological parent, the birth father, objects to the adoption. 

Reasons for Contesting

There are many different scenarios regarding adoption. Many infant adoptions involve a young, single mother who wants to give up her baby to a couple who are prepared financially and emotionally to raise a child. Older children who were in foster care can also be adopted through Department of Children and Family Services (DCFS) in Illinois. 

A biological father may contest adoption for several reasons, such as in the following instances: 

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Wheaton divorce attorneysThere is no doubt the price of a college education has skyrocketed in the past decade. Tuition at public and private universities can be a huge expense for a family. When parents decide to divorce, their financial situation changes. The thought of paying hundreds of thousands of dollars for even one child’s post-high school education can be daunting. This is especially true for a spouse who was a stay-at-home parent and did not work outside the home during the marriage.

Most states allow parents who are divorcing to work out an agreement for college costs and payment details. According to Illinois divorce law, in some cases, the cost for child-related expenses such as college can be determined by a judge if a couple cannot come to an arrangement. Illinois is one of the few states where payment for college or vocational expenses can be ordered without an agreement between the parents.     

Who Can Be Ordered to Pay?

In Illinois, child support usually ends when a son or daughter turns 18 or graduates from high school, whichever comes later. It generally stops at age 19 even if the child is still in high school. The support issues that were originally addressed under the child support law then fall under the “college expenses” portion of the law. The college cost law applies to “non-minor children” or those who are over 18 years old. 

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Wheaton divorce lawyersIn divorce law, the term “dissipation” is used to describe property which is wasted during the end of a marriage. With help from a qualified family law attorney, you may be able to be compensated for assets which your spouse dissipated before your marital property was formally divided during divorce. However, not all wasteful spending is considered dissipation. Only situations which meet certain criteria are considered dissipation, and it is important to understand what these criteria are. 

What Types of Spending Are Considered Dissipative?

Many individuals who are in the process of getting divorced have questions about their soon-to-be-ex-spouse’s financial responsibility. However, dissipation refers to a specific situation in which a spouse wastes, misuses, or destroys marital property. The Illinois Supreme Court has specified that dissipation is the “use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage.”

Dissipated assets include any money or property that was used for the benefit of one of the spouses but did not benefit the other spouse or the marriage in any way. Examples of dissipation may include:

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Wheaton divorce attorneysA divorce is typically a last resort for a couple who may have tried marriage counseling or therapy in an effort to solve their problems. Illinois recognizes “irreconcilable differences” as the only grounds for divorce, meaning that the marriage is considered beyond repair. While there is no longer a requirement in Illinois for divorcing spouses to live apart, a six-month period of living separately will be taken by the court as proof that there are irreconcilable differences between the parties.

Once the decision to end a matrimonial union has been made, there are legal steps that need to be taken in order to complete the divorce process. Even if a couple works together to come to agreements on financial or child-related issues, there are still obligations each party must meet for the final divorce decree to be issued.  

Divorce Proceedings

Illinois requires residency for a minimum of 90 days before a person can file for divorce. The proceedings are initiated when one spouse (petitioner) files a Petition for Dissolution of Marriage in his or her county’s court. After the filing, the other spouse (respondent) is served with the petition. The respondent has 30 days to file a response to the petition. If this is not done within the appropriate time period, a judge can enter a default judgment against that spouse. 

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