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Phone: 630-932-9100

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Family Law

Posted on in Family Law

Illinois divorce lawyerWhile most people are familiar with divorce, many are unaware of annulment. An annulment states that a marriage never legally happened. Although it is more difficult to qualify for an annulment than a divorce, an annulment makes sense in some situations. Let’s take a closer look at what an annulment is and how it differs from a divorce.

Annulment Qualifications

Anyone may file for divorce. Annulments, however, are only an option for couples that meet certain criteria. Your marriage may qualify for annulment if:

• You or your spouse could not consent to the marriage due to a mental disability, alcohol, drugs, or fraud.
• You or your spouse did not have the ability to engage in sexual intercourse during the marriage.
• Your or your spouse were under 18 years of age and there was no parental consent at the time of your marriage.
• Your marriage was not legal because you or your spouse was already married or you are relatives.

There is also a time limit for when you can request an annulment. This time limit depends on your particular circumstances.

• If you or your spouse did not consent to marriage because of mental disability, alcohol or drugs, you have 90 days from the time this was discovered to file for an annulment.
• A parent has the right to file for an annulment of their minor child’s marriage any time before they turn 18.
• If you or your spouse did not have the ability to engage in sexual intercourse and this was not known at the time of marriage, you have one year to file for an annulment.
• If you or your spouse were involved in multiple marriages, there is no time limit for an annulment.

How Annulment Differs From Divorce

Even though an annulment establishes that a marriage never took place, it offers the same end result as a divorce: the legal end to a marriage. However, in an annulment, there is no property division or alimony because the marriage is deemed to never have existed.

If your marriage was short, this may not have any impact on you. In the event your marriage lasted for a longer time frame, you may be missing out on your right to assets accumulated during your marriage. It is important to note that if you had children during your marriage, child custody, visitation and child support still apply because an annulment does not negate their legitimacy.

Contact Our DuPage County Divorce Attorneys

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http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000If you are going through a divorce and have children under the age of 18, you will have to come up with a parenting plan. Since there is often confusion about what a parenting plan actually is and what to expect when one is drafted and implemented, we have decided to outline the basics in this informative article.

What Is a Parenting Plan?

A legal document that explains how a divorce impacts minor children is known as a parenting plan. It includes information on weekly parenting time, major life decisions, and other components about your children’s lives. In Illinois, a parenting plan must contain the following elements:

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Posted on in Family Law

Illinois divorce lawyerOn January 1, 2018, a new law regarding pet custody in Illinois made its debut. In the past, pets were divided between the divorced couple like furniture or a vehicle. If a spouse acquired the pet before marriage, it would be awarded to them. In the event the pet was acquired during marriage, the judge would be required to award the pet to one spouse and reimburse the other for half the pet’s value.

Now, however, a judge will be able to take the well-being of the pet into consideration before granting custody. They can consider who spent more time cleaning out a fish tank or walks and feeds the dog on a regular basis and award pet custody based on this information. Let’s take a closer look at the pros and cons of this new law.

Pros

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Illinois divorce attorneyThe process of divorce can be expensive. In an attempt to save money, some adults decide to handle their divorce on their own. Although there are several resources that can help you file your own divorce, doing so without the guidance of an experienced divorce lawyer can lead to mistakes that can cost you a great deal of time, money, and headaches down the road. By seeking legal representation for your divorce case, you can avoid the following common mistakes that often occur in do-it-yourself divorce cases.

1. Missed Deadlines

Divorce involves filling out a significant amount of forms and attending a number of hearings. Since it can be confusing to determine what needs to be done when, you may miss deadlines that can dismiss your case or even invalidate it. An attorney can help you understand all of the specific deadlines and requirements associated with your divorce and ensure you know exactly what to do and where to be during the process.

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Illinois divorce attorneyGoing through a divorce while raising a child with special needs can be a real challenge. Since alimony, child custody, and visitation are more complicated in divorce cases that involve special needs children, it is imperative that you make sure your divorce lawyer has a thorough understanding of your child’s needs and what your lifestyle is like with your child. Here are four tips on how to navigate divorce with a special needs child.

1. Consider a Specialized Visitation Schedule

Due to the fact that children with special needs usually require structure and consistency, a regular visitation schedule may not work for your family. You should think about how your child will travel to spend time with both you and your ex-spouse and whether they will need to bring any special equipment with them during their visits. In addition, you may need to ensure your visitation schedule is flexible because of your child’s health issues and their necessity to see familiar medical personnel.

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