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What Is the Difference Between a Civil Union and a Marriage in Illinois?
When couples in Illinois consider formalizing their relationship, they typically choose to marry. However, there is another option. Both a civil union and a marriage offer legal recognition, but the differences can affect everything from benefits to out-of-state rights. Understanding the differences is key when deciding how to move forward with your relationship. For guidance specific to your situation, speak with a DuPage County, IL family law attorney.
What Is a Civil Union in Illinois?
A civil union is a legal relationship available to both same-sex and opposite-sex couples in Illinois. Civil unions became available in 2011 through the Illinois Religious Freedom Protection and Civil Union Act, under 750 ILCS 75/. This law gives couples in a civil union most of the same legal responsibilities, protections, and benefits as those who are married, at least under Illinois law. Couples in a civil union have rights related to inheritance, medical decisions, property ownership, and other matters. However, these rights generally stop at the state level.
What Is a Special Needs Trust and How Does It Work in Illinois?
When drafting an estate plan, you can incorporate documents to protect your loved one with a disability. A special needs trust can be used to help them have financial security without compromising their benefits. Consider the purpose and benefits of these trusts and then speak with an experienced Wheaton, IL estate planning attorney about how to incorporate one in your estate plan.
What Is a Special Needs Trust?
A special needs trust is a legal arrangement that allows you to hold and manage money or property for the benefit of a person with a disability. This person is known as the beneficiary. The funds in the trust can pay for things that improve the beneficiary’s quality of life, such as special medical treatments, therapy, education, travel, or recreation. Often, a special needs trust will address needs or wants that government benefits do not typically cover.
What Happens to the Family Home During an Illinois Divorce?
The family home can be a contentious part of dividing property during an Illinois divorce. For many couples, the emotional attachment can cause stress and disputes. The first step is to determine whether the home is marital or separate property. An experienced Schaumburg, IL divorce lawyer can help you navigate property division and fight for the best possible outcome for your family home.
Is the Family Home Ever Considered Separate Property in Illinois?
Illinois law under 750 ILCS 5/503 defines marital property as anything purchased during the marriage, regardless of whose name is on the deed. Non-marital property is acquired before the marriage or is classified as a gift or inheritance. However, if non-marital property is commingled, meaning it is mixed with marital funds or jointly titled, it can lose its separate character and become marital property.
What Do Judges Consider When Determining Parenting Time in Illinois?
Many parents rely on a court order to dictate the terms of their parental responsibilities agreement, which includes parenting time. If you have questions about how the court may view your case, an Arlington Heights, IL parental responsibilities lawyer can explain the laws and protect your rights. In Illinois, parenting time decisions are based on what is best for the child. Judges look at many factors to ensure the child’s interests are prioritized in the final custody decision.
What Does "Best Interests of the Child" Mean?
Part VI of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) addresses the "best interests of the child" in Section 602.7. It is defined as the main standard courts use when deciding parenting time, also known as visitation, and other custody issues. It means the judges focus on what will help the child grow up safe, healthy, and emotionally stable.
Is Illinois a Community Property State or an Equitable Distribution State?
Illinois is an equitable distribution state. Unlike a community property state, your assets are divided fairly rather than strictly equally. The first step in dividing property during Illinois divorce proceedings is to categorize your assets and debts as marital or non-marital. Working with an experienced DuPage County, IL divorce attorney ensures you understand your rights and what you can do to protect your assets, even in an uncontested divorce.
What Counts as Marital Property in Illinois?
According to Section 503 of the Illinois Marriage and Dissolution of Marriage Act, marital property refers to assets and debts acquired by either spouse during the marriage. This means that funds, retirement benefits earned during the marriage, real estate purchased while married, and even certain business interests can fall under marital property.
How Can Mental Illness Impact Divorce in Illinois?
Mental illness can impact several components of divorce proceedings in Illinois. It may affect custody, spousal support, and even property division. If you have questions about how mental health might affect your divorce process, an experienced Illinois divorce lawyer can help. Mental illness can complicate divorce. For that reason, having someone to guide you and protect your rights is invaluable.
Can Mental Illness Impact the Allocation of Parental Responsibilities in Illinois?
Mental illness can directly influence how the court divides parental responsibilities. It depends on whether it affects the parent's ability to care for the child safely. Section 602.5 of the Illinois Marriage and Dissolution of Marriage Act says that courts must make these decisions based on what is best for the child. In doing so, they consider several factors, including the mental and physical health of all parties involved. Judges even order psychological evaluations to assess a parent’s fitness when mental health concerns arise.
How Are Wills and Trusts Different in Illinois?
Wills and trusts are two common tools used in estate planning, but they serve different purposes and function in different ways under Illinois law. Whether you are planning for the future of your children or trying to avoid probate, understanding the distinction between these documents is essential, and an experienced Wheaton, IL estate planning attorney can help guide you as you create a comprehensive estate plan.
What Is a Will?
A will, also known as a "last will and testament," is a legal document that outlines your wishes for the distribution of your property after death. In Illinois, wills are governed by the Illinois Probate Act of 1975, 755 ILCS 5/1-1. This law explains the requirements for executing a valid will, including the need for the document to be signed by the testator and witnessed by two competent individuals.
How Can Cheating Affect Divorce in Illinois?
When adultery happens in a marriage, it often leads to deep emotional pain, making divorce even more contentious. However, when it comes to Illinois divorce law, many people are surprised to learn that cheating does not always have a major legal impact. If you are concerned about how an affair may affect your rights during the divorce process, an experienced Illinois divorce attorney can help you protect your interests in every area, from spousal support to child custody, now called "parental responsibilities" in Illinois.
Do You Have To Prove Fault To Get a Divorce in Illinois?
Illinois is a no-fault divorce state. That means spouses no longer need to prove infidelity, cruelty, abandonment, or any other form of wrongdoing to get a divorce. Under the law regarding the dissolution of marriage, 750 ILCS 5/401(a), the only recognized reason for divorce is "irreconcilable differences." Once both spouses live separately for at least six months, the court assumes irreconcilable differences exist, and no other proof is needed.
What Can Be Included in an Illinois Prenuptial Agreement?
As you prepare for marriage, you should be thinking about your financial future as well. Many couples in Illinois consider prenuptial agreements a responsible way to set expectations and avoid potential conflicts in the future. A well-written prenup will reduce uncertainty before entering into marriage, and speaking with an experienced Schaumburg, IL prenuptial agreement lawyer is the first step in drafting your contract and understanding how Illinois law applies to your case.
What Does Illinois Law Say About Prenuptial Agreements?
The Illinois Uniform Premarital Agreement Act, known as statute 750 ILCS 10/1, governs prenups and outlines what can and cannot be included, setting the rules for enforcement. For example, a prenup must be in writing, voluntarily signed by both parties, and made with full disclosure of each party’s assets and debts. The contract becomes effective upon marriage and can only be revoked or amended by both parties in writing.
Legal Requirements for an Illinois Surrogacy Contract
Entering into a surrogacy contract is a huge legal and emotional step for anyone involved. Illinois has extensive and comprehensive surrogacy laws, offering strong protections for surrogates and parents. To ensure your rights are secure, you must work with experienced attorneys. Our DuPage County, IL surrogacy contract lawyers help clients navigate the legal requirements and establish parentage.
Requirements for a Surrogacy Agreement in Illinois
In Illinois, a gestational surrogacy agreement must meet specific legal criteria under the Illinois Gestational Surrogacy Act, 750 ILCS 47, to be enforceable. The act stipulates that the contract must be in writing with two competent adults as witnesses, and it has to be signed before any medical procedures begin, excluding initial screenings. All parties involved must have legal counsel. Any compensation must be handled through an independent escrow account, and the surrogate has to agree to the following:
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