Posted on January 11,2023 in Child Custody

What is a putative father? A putative father is someone believed to be the biological father of a child that was born out of wedlock. Because the couple is not married, legally the man is not the child’s father and the mother can put the child up for adoption without his permission. If the mother decides to keep the child, the man can choose to have no role in their life and therefore does not have to pay child support, but also is not allowed to have any say in how the mother chooses to raise the child. However, if the father decides he wants a say in the child's life or in the adoption process, some steps must be taken to legally become known as the child's father. 

Putative Father Registry 

The first step is to register with the Putative Father Registry. This must be done on time and if it is not, it could potentially cause the loss of parental rights altogether. When the child is born, hospitals offer Voluntary Acknowledgement of Paternity forms. However, if the father is not present at the birth he must register in the Putative Father Registry within thirty days of the child’s birth. The registration form will ask him to provide personal information such as his name, current address, social security number, and date of birth, as well as information about the mother and child. 

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 Posted on December 02,2022 in Uncategorized

When a court in Illinois is considering a child custody case, the court’s goal is to issue a decision that is in the best interests of the child. The court will consider the parents’ wishes, each parent’s relationship with the child, the child’s wishes, and each parent’s health. Consequently, it is possible that a mental health concern could impact a child custody decision.

Mental Health and Custody Evaluations

Illinois Supreme Court Rules and the Illinois Marriage and Dissolution of Marriage Act both allow for three types of mental health evaluations during family law cases. 

Section 604.10(b) of the Illinois Marriage and Dissolution of Marriage Act states that a court can seek the advice of any professional to assist in determining a child’s best interests. An evaluator will be the court’s witness who should not be on either parent’s side. The court may appoint an evaluator when parents are unable to agree on the allocation of parental responsibilities. 

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 Posted on November 07,2022 in Divorce

While many people were wondering how the COVID-19 pandemic had affected divorce rates, World Population Review found that about 50 percent of married couples divorce in the United States as of 2022, giving the country the sixth-highest divorce rate in the world while secondary marriages had a higher likelihood of ending in divorce with a 60 percent rate. National Center for Health Statistics data showed 38 percent more marriages despite a 12 percent decline nationally in the first year of the pandemic. 

A report a few years ago found that while divorce was becoming less common among younger adults, the so-called gray divorce was on the rise with divorce rates doubling since the 1990s for American adults 50 years of age and older. Among people 65 years of age and older, the divorce rate has nearly tripled since 1990, now reaching six people divorcing per 1,000 married persons.

Common Causes of Divorce

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 Posted on October 18,2022 in Divorce

All married couples have disagreements. Most marriages involve a series of high and low points, but there may be a point at which one or both spouses feel that the marriage is no longer healthy or manageable. When you have reached a point where you feel that your marriage has reached insurmountable odds, filing for divorce is generally a quite reasonable and practical step to take. However, it does happen that some spouses will face significant challenges, file for divorce, and then reconcile and remain married.

You should know that in Illinois, divorce cases can be paused or withdrawn with relative ease should you and your spouse agree that divorce is no longer in your best interests. It is also true that some individuals will file for divorce while still uncertain about whether they should stay in the marriage, and then determine that following through with terminating the marriage is the best option - this is common in spousal abuse cases when the victim files. Whether you finalize your divorce or stay married, strong legal representation is key to protecting your interests. 

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 Posted on September 23,2022 in Child Custody

The parenting plan that you and your spouse establish or that the court judicially establishes on your behalf, effectively has the force of law. A parenting time schedule is grounded in a formal court order. All parties are required to act in compliance with court orders and may face legal sanctions for noncompliance, including improper relocation. This force extends to any temporary orders that may have been placed during the time period in which the divorce is in process.

If your former spouse—or current spouse if your divorce has yet to be resolved—has removed your child from the local area without seeking permission from the court, they could be charged with contempt of court. If concealment of the child in violation of any court order lasts for a period of greater than 15 days, the offending parent has opened themself up to criminal abduction charges as well. Should you discern that the other parent has removed your child from the local area without a court order, it would be prudent to discuss your rights and potential enforcement actions with an attorney. 

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 Posted on August 23,2022 in Divorce

Litigating a divorce can be a difficult process. Today, it is generally used only as a last resort if all attempts at negotiation or mediation have failed. Of course, there are some cases where attempting to resolve the divorce out of court does not make sense, such as if one spouse is refusing to cooperate with the divorce or has abused you. Some divorces involving high-value marital assets are also very likely to be resolved through litigation because there is so much at stake.

If you expect to go to court for a contested divorce, you may be quite nervous. Knowing what to expect during litigation can help keep you feeling calm and prepared. It is critical that you are represented by an aggressive and experienced attorney during a contested divorce. Hensley Sendek Law offers top-quality representation in and out of court. 

What to Expect in a Contested Divorce

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 Posted on July 12,2022 in Divorce

Being married to someone with a mental illness can be difficult. Certainly, people with mental illness can enjoy long and successful marriages if they are receiving the appropriate treatment. A combination of medication and therapy can help a person with mental illness become a good spouse, a good parent, and a good provider. However, if your spouse is not adequately addressing their mental health issues and they are affecting your relationship, a divorce may be in order.

Getting a mentally ill spouse to cooperate with divorce proceedings can be a challenge. They may resist divorce, particularly if they are dependent on you. It is important to be represented by an experienced attorney who can help you navigate the twists and turns your case may take

Helpful Advice for Ending Your Marriage to a Person With Mental Illness

When you have made the decision to divorce your mentally ill spouse, you can expect some unique challenges. You know your spouse and how their mental illness affects their behavior better than anyone, so you may already know how your spouse is likely to handle being served with divorce papers. Other tips include: 

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 Posted on June 15,2022 in Divorce

If you rely on your spouse for financial support, divorce can be particularly stressful. Especially if you have been out of the workforce for some time or sacrificed a potential career to devote yourself to homemaking, you may be worried about how you will support yourself after getting a divorce. In Illinois, if you were financially dependent on your spouse you may be eligible to receive spousal maintenance payments, commonly called “alimony.” This is in addition to any child support you may also be entitled to receive.

The goal of spousal maintenance is to allow you to get the divorce you need without fear of extreme financial difficulty. If financial concerns are stopping you from pursuing a divorce, our lawyers may be able to help you get the support you need to begin a new life. 

When Will Illinois Courts Order Spousal Maintenance?

There are very few hard-and-fast rules when it comes to a court’s decision to award spousal maintenance. Rather, there are a number of factors the court will consider when deciding whether alimony is appropriate in your case. These factors include: 

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 Posted on May 19,2022 in Divorce

You may think that uncontested divorce is only for amicable divorce situations, but this is not true at all. An uncontested divorce can be possible even if you and your spouse cannot stand to be around each other. You do not need to be on friendly or even speaking terms to avoid actual litigation during your divorce proceedings. There are many methods attorneys may use to facilitate a divorce settlement without going to court, some of which do not require you to speak to or see your ex at all.

Filing an uncontested divorce can save you quite a bit of time and money, as well as reduce distress for any children involved. In most situations, reaching a compromise is possible even if it takes a lot of help. An attorney can help you understand your options and determine whether an uncontested divorce is within reach for you and your spouse

Options for Reaching a Compromise Despite Conflict

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 Posted on April 05,2022 in Divorce

There are many complicated aspects to a divorce, including dividing shared marital assets, determining spousal support payments, and potentially agreeing upon child custody. These topics can be contested between partners, considering the critical nature of finding an equal balance between assets following a divorce. When one, or both, spouses are business owners, determining the value and ownership of the practice adds another layer of complications to a divorce proceeding. However, there is a way to uncomplicate the division of business assets in an Illinois divorce. Obtaining a business valuation is an excellent advantage if you are a business owner preparing for a divorce. 

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